Wednesday, June 25, 2014

For wise ppl only two choice

Like everything else life of any property too is not infinite. Wise tenants must keep good relations with owners and maintain the building and when earliest possible they must cooperate with landlord to redevelop the property. 


Tuesday, June 24, 2014

Tuesday, June 17, 2014

507. Remedy of owner of building or land against occupier under BMC act

This Act may be cited as the '[Mumbai Municipal Corporation] Act.

Proceedings before the Chief Judge of the Small Cause Court.
507. Remedy of owner of building or land against occupier who prevents his complying with any provisions of this Act.
(1) If the owner of any building or land is prevented by the occupier thereof from complying with any provision of this Act or of any regulation or by-law made under this Act or with any
requisition made under this Act of under any such regulation or by-law in respect of such building or land, the owner may apply to the Chief Judge of the Small Cause Court.
(2) The said Chief Judge, on receipt of any such application, may make a written
order requiring the occupier of the building or tend .to afford all reasonable facilities
to the owner for complying with the said provision or requisition and may also, if
he thinks fit, direct that the cost of such application and order be paid by the
occupier. I
(3) After eight days from the date of any such order, it shall be incumbent on the said
occupier to afford all such reasonable facilities to the owner for the purpose aforesaid as shall
be prescribed in the said order; and in the event of his continued refusal so to do, the owner
shall be discharged, during the continuance of such refusal, from any liability which he would
otherwise incur by reason of his failure comply with the said provision or requisition.



http://vakindia.org/pdf/BMC-Act-1888.pdf

Thursday, June 12, 2014

all concerned sat on old rent act affecting building about to fall in time........

ALOK THOLIYA
THOLIYA BHAVAN. GR. FLOOR,
10th ROAD, NEXT TO  REGENCY HOTEL,
SANTACRUZ (EAST), MUMBAI:400 055.
Tel. 26125699 / M.9324225699.
atholiya@gmail.com


11 June 2014

To,

The AMC H east, Santacruz east,
BMC, Mumbai

Ref to ur letter dt 04/60/14 u had invited me for discussing about falling state of my building Saburi ( formerly known as Dias Building).

In your one para letter in one breath you have suggested that:
  1. You have / ur concerned officers have carried out inspection of building.
  2. You have stated that building is in dangerous situation, and is in falling / ruinous/ dilapidated condition.
  3. Further u hv called for a meeting to discuss this issue.
Reply to para 1 above:
I hereby state that building has not become dilapidated in a day or in a month. Building is 72 years old and had started aging naturally years ago.  We have written several letters to all concerned including Hon M/s. PM., President,CJ of Supreme court, High court, Small causes court, Fire brigade, Municipal officers, newspaper etc time to time.But all concerned did not take cognise of all facts and day by day deteriorating condition of my as well as many thousand old buildings in Mumbai. They have all sat on old rent act affecting building, tenant landlord relations.
The inspection of building should have been carried out by calling all relevant occupiers and owner.

Reply to para 2 above: I have provided patra fencing on two sides of building serving 2 purpose one no one should enter the rooms closed by me and second in case of mishap the rabit/ debris should not spread out and hit any passers by.
However pl. note that the tenants and trespassers have so far not left the use/ misuse of building inspite of me requesting same in writing.  

Reply to para 3: I hv been trying to contact you and get in touch with you since last Monday the 9 th June but all in vain.

I hereby request you to give notice to occupiers to leave the building for reasons of safety.
Also you should ensure that the hôtel Ranjit/ Jawahar and Bharat Lodge should be stopped immediately as both of them either do not have valid licences and permissions or are not following licence condition of BMC health dept, shops and establishment,fire dept, police dept, profession tax, VAT and so on.
I also request you to advise me for cordoning of rest of the compound once you are able to stop the unlicenced hôtel and lodging.
I also request you to do propping up and repair the building immediately and receiver the expenses from me by adding same to my property tax account.

I have done my part and hope all concerned as cited above will do their act on their part and cooperate.

Thanking you,

Alok Tholiya