Mumbai: Chawl tenants await possession of their homes for 27 years

Chawl tenants await possession of their homes for 27 years.

MUMBAI: One of the worst cases of redevelopment has gone wrong, 10 families living in a chawl in Malad East still waiting for possession of their tenements 27 years after they vacated the chawl for redevelopment.

The families have now approached the city Court in Dindoshi with contempt of court petition against the developer Damodar S Mudaliar of Web India Construction for violating consent terms signed in July 2018. They have also filed a complaint with the Economic offences wing demanding criminal proceedings against the developer.

As per the petition, Mudaliar a local developer purchased the Banijabai chawl form the owner in 1987 and approached the chawl residents for redevelopment. 

In 1990, Brihanmumbai Municipal Corporation(BMC) granted an Intimation of Disapproval (IOD) and in 1992, They have received the Commencement Certificate to built a G+2 structure. In 1992, They have vacated Chawl and moved the residents to Bhadran Bhuvan a private property owned by Haresh Patel in Malad East, on rent.

Chandrika Patel 60 years old, One of the victims said the developer has signed an agreement with Bhadran Bhuvan landlord and was supposed to pay rent to him directly.

They said the building was almost constructed by 1994-1995, but the builder didn’t fulfil the conditions for occupation certificate(OC). Mudaliar it was alleged, Stretched to give false promises to the 10 families and kept them in the transit camp.

Nila Rupareliya, 62, another tenant, Stated that the developer instead gave occupation to unauthorised outsiders without a legal OC form the BMC. Between 1992 and 2018, they didn’t pay full rent fro transit accommodation to the landlord who filed a case against the developer in 2008 seeking unpaid rent as well as vacating his property, she said. In the same year, the 10 families also filed a suit upon the builder seeking possession, she notified.

In 2018, the owner of the transit camp got a positive ruling from the Bombay High Court, which ordered Mudaliar to pay outstanding rent of Rs 1.20 crore in instalments and the families were told to vacate the premises.

With no home to go to, the families approached Mudaliar again. In July 2018, the developer signed consent terms promising to give them 172 sq ft carpet area tenements on ownership within 36 months from the date of obtaining fresh OC from the BMC. The developer also accepted to pay Property rent of Rs 11,000 per month.

The consent terms were again violated by the developer. He paid rent for August, September and October 2018 and January and April 2019 but didn’t pay for four months.

When contacted, Mudaliar admitted to delaying in giving possession, but that, he said, was also because the residents filed a case on him in 2008 and got a stay for no more improvement.

They said for 10 years the design was in limbo. Meantime, the tenants decided to claim sub-tenancy in the transit premises. That was only after they lost the sub-tenancy dispute and had to vacate the premises that they came to him, he claimed. He asked them to withdraw the 2008 case before signing the consent terms.

Mudaliar said he was ready to accept the consent terms from his side, and redevelop the same property as per the new Development Control Regulations.

“Soon the families want to modify the consent terms and need more carpet area. But the 304 sq ft minimum area is for slum rehabilitation projects, he stated, adding that this is a redevelopment project on private land owned by him. “How can you modify the consent terms signed before the court?” Mudaliar asked.

Asked why he could not pay the rent, he said he had an angioplasty in September 2018 and hence rent was delayed. But he claims to be ready to carry out his obligations. Next month, the proposal is going to be put up before the BMC.

The post Mumbai: Chawl tenants await possession of their homes for 27 years appeared first on Realty Fact.

from Realty Fact https://ift.tt/2PcE0os