Are BMC who's who worst then Yamdut???????

Alok Tholiya,

Marigold Hall, Tholiya Bhavan, 10th Road, Next to Regency Hotel,

Near  Vakola Highway Signal, Santacruz East, Mumbai – 400 055

Tel. 9324225699 / atholiya@gmail.com

www.aloktholiya.blogspot.com

29th April 2014

The AMC , H/East, BMC, Mumbai

The EE ( B and F) , H/East, Mumbai

Reg: BMC H/ east  notice no. ACHE/353(B) /01/WEE   and ACHE/0804/AEBF DT. 21-4-14

Ref: Article “ Civic chief wants ...........”  on page 3 of TOI of today e.i. 29th April 2014

Reg:  My building : Saburi”, 107, Vakola Bridge, Santacruz East, Mumbai 400055

Dear Sir,

Namaskar.

I read in above article that there are certain NON DESTRUCTIVE TESTS available for more accurate assessment of any old/ falling building. I wonder why I was not advised for my building and just directed to get same vacated.

My requests are :

1. Pl. advise the type of tests recommended and best and most reliable agency which can carry out such tests.
2. When are you arranging to carry out the work of propping up and what will be cost for same? But do not delay the work of propping up and whatever is the cost will be born by me.
3. What you want to achieve by propping up a 72 years old falling building? Pl. explain.
4. You have advised that I must get the building vacated. Pl. advise what are the means / ways to get the building vacated. I am sure BMC must have made suitable laws empowering landlord the shelter providers  before asking me to get the building vacated vacated. Pl. throw light on same empowerments and procedures which are quick and lawful.  I am sure you and our respected  Municipal Commissioner are not asking a innocent law abiding lay person something which is known to them to be impossible and is like bringing down a moon in thali.
5. I am sure thru your corporators and your legal dept you must have impressed upon Govt of Maharashtra and Indian courts the dangers of rent act, dangers of not getting falling buildings pulled down before they actually come down suddenly on someone's head, I am sure as a worlds leading Municipal corporation which has one of the highest civic budget BMC must have readied plans to ensure that citizens of Mumbai are safe and living in modern inhabitable danger free buildings. Pl. give those plans , efforts made in that direction which are the basic duty of any civic body worth its name and not the one which they do as yamdut by sending to cemetery in bits and pieces the  broken human bodies after buildings fall crushing down on them who paid life time municipal taxes to die like a donkey.
6. Thru above article I see that M.C. is  visiting falling buildings in city. Pl. also advise what purpose it made by visiting old buildings. Don’t u think as a guardian of this city the commissioner and mayor must rather sit down and plan to revamp, rebuild the falleing city by forgetting own  interests and give new birth to buildings where tax paying citizens are living in condition of hell or even worst and then we call Mumbai a proud metro of India which gives highest revenue to govt .

Hope you will do the needful.

Thanking you,

Sincerely yours

Alok Tholiya

CC to Advocate/s

newspapers

others concerned citizens and authorities

Encl: news paper cutting as above

https://docs.google.com/document/d/1NwJiN2ABT9x-9wnMr9rffovG9yeG2re_WVDshjGW18U/pub

http://tenantsofsaburi.blogspot.in/2013/12/bmc-notice-to-saburi-building-and.html

http://timesofindia.indiatimes.com/city/mumbai/Civic-chief-wants-dilapidated-bldgs-in-island-city-to-be-vacated-within-7-days/articleshow/34342177.cms

Cancel my licence till building is again inhabitable

Alok Tholiya,

Marigold Hall, Tholiya Bhavan, 10th Road, Next to Regency Hotel,

Near  Vakola Highway Signal, Santacruz East, Mumbai – 400 055

Tel. 9324225699 / atholiya@gmail.com

www.aloktholiya.blogspot.com

24th April 2014

The Sr. Inspector, H/East, BMC.

The AMC , H/East, BMC, Mumbai

The EE ( B and F) , H/East, Mumbai

Registration no. HE004863/ COMMERCIAL II WARD HE

Reg: BMC H/ east  notice no. ACHE/353(B) /01/WEE   and ACHE/0804/AEBF DT. 21-4-14

Dear Sir,

Namaskar.

Please note to the pursuant to above notice ( copy enclosed) I have started  process of vacating  the premises till BMC carries out the necessary repairs as per act mentioned in above notice  at my cost or till such time the building is inhabitable.

As a part of the process I hereby request you to kindly cancel my Maharashtra Shops and Establishment Certificate 1948 in favour of Tholiya Marketing and Leasing P. LTD. bearing Registration no. HE004863/ COMMERCIAL II WARD HE (COPY ENCLOSED) .

Pl. note that same is to be cancelled temporarily and w.i.e..

Hope you will do the needful.

Thanking you,

Sincerely yours

Alok Tholiya

CC to

The License Inspector, H/East

The Assessor and Collector, H/east.

The Pest Control Dept., H/East,

The Medical Officer, H/East,

The Inspector, Shops and Establishment , H/East.

The Fire Brigade dept., Marol,

The Chief Fire Brigade Officer, Mazgaon.

The Public Place Licence Dept, Mumbai Police.

Advocate/s

newspapers

others concerned citizens and authorities

Encl: AS ABOVE

https://docs.google.com/document/d/1xpXLi7eQjNddKGU-qvrI2ha4-uMgiwYoaMIL2meaG4M/pub

https://docs.google.com/document/d/1fK_-memddqyOOeTSUT9J7CQBpDxCRBtfiqOrzWXgx6Q/pub

https://docs.google.com/document/d/1NwJiN2ABT9x-9wnMr9rffovG9yeG2re_WVDshjGW18U/pub

http://tenantsofsaburi.blogspot.in/2013/12/bmc-notice-to-saburi-building-and.html

Authorities if building falls and was still in use for business then same will be your responsibility

Alok Tholiya,

Marigold Hall, Tholiya Bhavan, 10th Road, Next to Regency Hotel,

Near  Vakola Highway Signal, Santacruz East, Mumbai – 400 055

Tel. 9324225699 / atholiya@gmail.com

www.aloktholiya.blogspot.com

24th April 2014

The License Inspector, H/East

The Assessor and Collector, H/east.

The Pest Control Dept., H/East,

The Medical Officer, H/East,

The Inspector, Shops and Establishment , H/East.

The Fire Brigade dept., Marol,

The Chief Fire Brigade Officer, Mazgaon.

The Public Place Licence Dept, Mumbai Police.

Reg: BMC H/ east  notice no. ACHE/353(B) /01/WEE   

Dear Sir,

Namaskar.

Please note the pursuant to above notice I had sent STRUCTURAL AUDIT REPORT  for my building Saburi formerly known as Dias Building, 107 Nehru road., vakola Bridge, Santacruz east, Mumbai 400055 to the concerned officer of H/East, Mumbai.

Pl. note that on 22nd April 2014 AMC, H East, ( copy enclosed) has written to me to get building vacated and prop up same.

Technically :

1. I can my self vacate, and ask for cancellation of my relevant license. I have taken measures to that effect.
2.  Besides that I can advise firmly to all concerned ( tenants and trespassers and others like visitors and guests ) to vacate and not to trespass my building “Saburi”. I have done so thru a letter ( Copy enclosed). I am also going to put up a banner / notice  to that effect shortly.
3. As a common sense goes I understand that since building is 72 years old and is in dilapidated condition and officially advised to vacate be vacated then all above concerned authorities will have to ensure that all permissions, licences, NOC, certificates will have to be immediately cancelled and the concerned officials be advised by you to ask all occupiers to stop all sales, services, business so visitors and staff and occupiers do not come and do not risk their life. I believe my contention and understanding of the BMC notice is right. I am sure the concerned AMC, H/EAST, BMC must have advised you to that effect already. But as a part f my duty I am informing you of this development that my building “Saburi” formerly known as Dias Building, 107 Nehru road., vakola Bridge, Santacruz east, Mumbai 400055 has been declared unsafe and is asked to be vacated. by the concerned officer of H/East, Mumbai. And therefore you can on your part take necessary steps to ensure that no business is licensed / permitted by you in this premises which can endanger life and property of any occupier or their visitors, guests etc.. If your reading of this notice is not same as mine then you may take call as per your understanding but in case of loss of any life and property of any occupier or their guest will be entirely yours which you may keep in mind.  

Hope you will do the needful.

Thanking you,

Sincerely yours

Alok Tholiya

CC to Advocate/s

newspapers

others concerned citizens and authorities

Encl: AS ABOVE

https://docs.google.com/document/d/1mzYZBcnFLclYzmpr7Ugtl4H7cTRz-9QSow7J7szB4-4/pub

https://docs.google.com/document/d/1xpXLi7eQjNddKGU-qvrI2ha4-uMgiwYoaMIL2meaG4M/pub

https://docs.google.com/document/d/1fK_-memddqyOOeTSUT9J7CQBpDxCRBtfiqOrzWXgx6Q/pub

https://docs.google.com/document/d/1NwJiN2ABT9x-9wnMr9rffovG9yeG2re_WVDshjGW18U/pub

But finally the landlord ( myself and my family members) will be arrested. Pl. advise and help.

In Mumbai we see that due to draconian age old rent act the buildings inhabited by tenants keep falling. Actually if tenants were visionary, less greedy and maintained good relations with landlord then it was possible to maintain the building. In fact there are instances but few where tenants ignored rent act and handsomely contributed to repair the building and

​are ​

liv

​ing ​

 in good condition safe building

 ​ post repairs​

. In few other cases tenants cooperated in redevelopment of building and thereby they got repossession in a new modern building. 

But most other old buildings are in a ruinous condition where tenants are adamant and do not contribute / take steps to maintain the building they live by paying 6

 ​5​

 years old rent , use the building callously, damage same by overloading, drilling, 

​carrying 

 out unauthorized repairs, not plugging leakages etc . Instead of maintaining good relations with shelter provider they slap cases on him and try to hurt him more financially by making him spend his scarce resources on costly long drawn court cases. 

As most of you are aware I am co owner of two old buildings in Santacruz east, Mumbai. 

I live

​ on​

 first floor and hv my office on ground floor in Tholiya Bhavan. Tholiya Bhavan is made of good construction material, maintained satisfactorily and though there are tenants and 

​

some of the

​m​

 are nefarious ( drunkard and doing mischief, not paying rent, misusing etc ) yet building is in good condition. 

The second building Saburi is of 1942 . The tenant Mrs Bina Chowdhuri kept filing cases on earlier landlord. In 1990 I purchased the building and immediately she filed a case on me too falsely claiming terrace etc to be tenanted to her. 

Other tenant and trespassers are not paying rent. They

​ ​

were jointly  exploiting the building to best but not doing anything to maintain same. Building turned in to a ruin. 

The width and height of vakola bridge adjacent to Saburi building was incre

 ​​

ased

​ thus building became low level​

. On one side is a Mithi river nala. SWD

 ​ ( storm water drain ) ​

 adjacent to building are never cleaned with the result the ground floor of building gets flooded every year. 

 ​The unauthorized hotel has added load of unauthorized shade on building​. Hotel has kept surroundings so bad that it has damaged the building by heavily breeding pests and rodents.

Bina Chowdhury restrained me from going to first floor and terrace 

​by obtaining injunction by misrepresentation ​

 and she never repaired terrace. Therefore terrace started leaking and by now heavily. She never repaired the toilet blocks and passage near toilet blocks inspite of written tenancy  agreement, moral duty etc and from there heavy water leakage started to ground floor damaging the ceiling, beams and load bearing walls. 

Since such building hv been falling year after year and affecting precious life and property in the year 2013 a new act was passed where all buildings above 30 years and older are required to be surveyed and stability assessed by a BMC approved civil engineer. This is called structural audit.

In the month of Nov. 2013 we received notice to carry out structural audit of this building. The audit report says clearly that building is in falling condition. The report was submitted to H/East ward office of BMC in Dec 201

 ​3​

.

After long wait of 4 months BMC 

​ha​

s sent me a notice to get the building vacated. They have added a funny demand that I prop up this building. 

My request to you is to advise me : 

1. How do I get building vacated from the tenants and trespassers? 

2. How do I get the building propped up? Can anyone suggest any agency who can do this and take the risk on their head that while propping and in near future thereafter the building will not fall? 

Pl. advise and help. 

Repercussions if building falls: 

1. Loss of life and property of occupiers.
2. loss of life and property of near by inhabitants. 
3. AS we  regularly read in paper the owner of building is arrested post fall of building . Buildings fall because of old rent act, non paying tenant, police not removing trespassers, tenants neglecting the tenanted premises, tenants not cooperating for redevelopment, RBI and banks not financing landlords for redevelopment, BMC patronizing illegal work by tenant/ trespasser for a bribe,
    ​BMC officials​
    allowing illegal hotel in property by taking huge bribe, water dept giving water to illegal hotel inspite of 
   ​being ​
   regular defaulter,
   ​ BMC building and proposal dept taking bribe in crores for clearing new development proposal which landlord can't afford ( and only mafia and builders can afford easily) ​
    and so on
   ​ like ​
    Courts delaying the matter for couple of decades. 
    ​Still all these people go scot free and ........​

 the landlord 

​is 

arrested. 

Pl. advise and help. 

Thanks and Regards,
Alok Tholiya,

09324225699 /   02226125699/26173203

Requesting BMC to carry out repairs at my cost

ALOK THOLIYA

THOLIYA BHAVAN. GR. FLOOR,

10th ROAD, NEXT TO  REGENCY HOTEL,

SANTACRUZ (EAST), MUMBAI:400 055.

Tel. 26125699 / M.9324225699.

atholiya@gmail.com

www.aloktholiya.blogspot.com

http://tenantsofsaburi.blogspot.in/

22 April 2014

To,

1.  Hon. Small Causes Court,C R No. 35, ref RAD Suit no. 2145 of 1990 
2. The AMC H east
3. The Sr. Inspector Vakola Police Station,Mumbai
4. Mrs Bina Chowdhury,Bharat Lodge,Saburi, Vakola Bridge, Santacruz E
5. Shri KishanSingh Chohan,Saburi,Vakola Bridge, Santacruz E
6. Lalita L. Chougule,Saburi, Vakola Bridge, Santacruz E
7. Shri Arvind Kejriwal,AAP,Saburi, Vakola Bridge, Santacruz E
8. House of Prayers Charitable Trust 
9. neighbours of Saburi like Fortune Heights,Vakola Bridge,
10. Shri Parsuram 
11. and all others directly or indirectly concerned authorities,citizens those using legally or otherwise or as trespassers or as gratuitous licensee, and those living around saburi building in may pl. note the serious notice from BMC H/East:

Kindly find notice enclosed herewith which is self explanatory. note that as per attached notice directions have been issued by Dy. Ch.E.(B.P.) W.S.-I to me asking me to take necessary steps to vacate the unsafe building. Therefore I sincerely with folded hand call upon all and sundry who have any chance to be in the building property known as Saburi to vacate/ and keep away from the building till further notice

They have further asked to prop up and carry out repairs which is a matter which we have to weigh,understand their suggestion,find feasibility,find suitable agency to survey, give work estimate and get necessary sanctions from concerned authority and get same repaired.

The AMC, H/East,BMC.

Sir, I the undersigned thru this open letter ask yourself / AMC BMC to use your powers under the same act ( Section 353(B) of MMC act) to carry out necessary repairs at my cost. I do not wish to waste any time for carrying out such repairs as deemed fit by your office.I admit that I can not carry out those repairs being a very lay person who doesn't know right agency who can strengthen the 72 year old building in falling state as per the audit report of structural engineers. You and any one can see those notice and report on http://tenantsofsaburi.blogspot.in/. 

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

CC to Total Solutions for explaining true meaning of their report and of notice language which is as per me totally unjust and for the purpose of dragging the issue and keeping hanging sword on several heads including mine.

condition of Saburi on FB

Alok Tholiya

3 mins · ShareThis · 

The building Saburi at Vakola bridge Santacruz east in in bad condition. BMC em-paneled structural auditor has said after due diligence and study that building is in falling condition. If building falls then it can cause loss of precious life and property. But BMC officials want Rs 10 lacs for declaring building dilapidated. As a principled persons I never bribe and BMC never acts without bribe.
http://tenantsofsaburi.blogspot.in/2013/12/bmc-notice-to-saburi-building-and.html Tussle between BMC, residents over other tottering buildings in Mumbai http://shar.es/BwsuL via @sharethis

Tussle between BMC, residents over other tottering buildings in Mumbai

Janki Niwas in Dahisar and Azim Building in Khar West are merely two symbols of the state of affairs, where the civic body and residents blame...