tenantsofsaburi

what they said about Indian Judiciary: Alok on tenants and rent act::

2015-10-02T17:58:00.001-07:00

what they said about Indian Judiciary: Alok on tenants and rent act::: Alok on tenants and rent act:: Buildings built by government officer of MAHADA etc fall in average 30 years. Built by builders falls averag...

u can bribe reliance staff and can take connection without having proper documents and without NOC of landlord

2015-07-02T04:18:00.003-07:00

- Reliance power does not believe in transparency and hence no RTI works
- My complaint as to how connection was granted to unknown person and what documents
- he gave for connection is not replied by Reliance of Sh. Anil Ambani.
- ....Alok
Courtesy.Helpdesk@relianceada.com

Dear Mr.Tholiya,

ncy hence

Thank you for writing to us. We truly have all the intention to address your concern.

We have forwarded your complaint to the respective divisional office for appropriate action to be taken. The matter is being looked into on a priority basis.

We regret, incase you have been put to any inconvenience.

We appreciate your feedback as it shall assist us in serving you better in future.

Warm Regards,

Customer Service Team
Reliance Energy

----- Forwarded by Anil Ambani/RelianceADA on 16/11/2010 10:51 AM -----

Mr Alok Tholiya <tholiya@yahoo.com>

15/11/2010 06:54 AM

To	MP Shri Anil Ambani <anil.ambani@relianceada.com>, Honourable Minister for Law & Justice Sh Hansraj Bharadwaj <hansrajb@sansad.nic.in>, Law Minister Veerappa Moily <vmoily@kar.nic.in>, Ministry of Consumer Affairs and Public Distribution <ranjna@fca.delhi.nic.in>, "Joint Secretary \(Coordination and Public Grievances" <jscpg-mha@nic.in>
cc
Subject	Fw: how to get relevant copies

1. I am a landlord in Mumbai of a small building. But I dont live in that building named as Saburi.One day by chance it came to my notice that there exists a electicity meter connection in some unknown name. I wrote to Reliance energy against this and they replied that connection was given on valid documents. I asked to give them copies of same. They refuse.
How can I get copies of these docuemts as I am the owner of property and I have not issued any rent receipt or NOC then on what basis he cud secure connection ?? And when as a valid occupier u seek connection then they harrass u with lot of requirements.
2. In appeal court of small causes court my tenant submitted a particular document along with his one of the application. Copy of same was not given to me.When I asked repeatedly they evaded. My advocate telles me it is also not there with court copy filed by tenant. In reply to my RTI query registrar wrote that since I am the party in the matter I can apply to court directly and get copy. But it is not there in court files though there application shows it to be attched with application. How can I get same??

Alok Tholiya
tholiya@hotmail.com

--
Posted By Blogger to tenantsofsaburi at 7/01/2015 06:07:00 PM

Illegal connection and usage in Saburi of Reliance energy

2015-07-01T18:07:00.002-07:00

Courtesy.Helpdesk@relianceada.com
16 Nov 2010

To

tholiya@yahoo.com

Dear Mr.Tholiya,

Thank you for writing to us. We truly have all the intention to address your concern.

We have forwarded your complaint to the respective divisional office for appropriate action to be taken. The matter is being looked into on a priority basis.

We regret, incase you have been put to any inconvenience.

We appreciate your feedback as it shall assist us in serving you better in future.

Warm Regards,

Customer Service Team
Reliance Energy

----- Forwarded by Anil Ambani/RelianceADA on 16/11/2010 10:51 AM -----

Mr Alok Tholiya <tholiya@yahoo.com>

15/11/2010 06:54 AM

To	MP Shri Anil Ambani <anil.ambani@relianceada.com>, Honourable Minister for Law & Justice Sh Hansraj Bharadwaj <hansrajb@sansad.nic.in>, Law Minister Veerappa Moily <vmoily@kar.nic.in>, Ministry of Consumer Affairs and Public Distribution <ranjna@fca.delhi.nic.in>, "Joint Secretary \(Coordination and Public Grievances" <jscpg-mha@nic.in>
cc
Subject	Fw: how to get relevant copies

trailer of my story as tenant and as landlords

2015-06-24T17:02:00.002-07:00

trailer of my story as tenant and as landlords......Alok Tholiya...

When my parents came to Mumbai they became tenant first in Borivali, then in santacruz West and then in Bulsuroys colony Santacruz East. Finally they came in present buildings in around 1950 and my family lives here since then. Each time they found a more suitable place they handed over the earlier place to landlords. They always remained obliged and indebted to landlords who provided shelter to the migrants without any shade over head. No relative or friend was willing to keep them or provide any shelter for more then few days but the shelter providers the landlords. In the meanwhile my father also got allotment of a tenement in Unnat nagar ,Goregaon.My MAHADA grandfather had by then started his shop in Santacruz east in Saburi building ( then known as Dias building). He refused to shift. My father was offered on (black) money for illegally selling that quarter in Unnat nagar built by MAHADA. But he said what about hundreds of applicants waiting in queue for a roof over head. And as his principle was he surrendered the accommodation back to Maharashtra Housing board. And even renting out option since was illegal he did not encash same. In 1978 the landlord of Devi Asha building ( now known as Tholiya Bhavan ) wanted to get rid off the building as was a big headache as being a absentee landlord was not able to protect same and tenants started encroaching, carrying out illegal changes, some stopped paying rent and some filed cases for repairs ( which was not affordable as two and half decade before rents were frozen and so on. Poor fellow got tired and decided to sell. At that time we were the biggest tenant having more rooms in tenancy decided to purchase same from landlords as were aware that if v do not buy then new buyer if wants to remove us then v will be in soup. Better v buy. Since 1978 till today v maintain the building though v receive old rent which is as low as rs 30/- per month. The tenant Purohit having more than 5 cars and crores of rupees assets and keeping room unused and locked did not vacate. I filed my first suit of eviction against any tenant and that was on Purohit in 2004 which is now in high court appealing against decree.Shamelessly sticking to this one room not of use to him as he has migrated to Jaipur. Appeal court gave mesne profit as only Rs 1000/- for a room with attached kitchen and toilet and bathroom. It will be too long to give facts how his father was ruined while trying to make a film Subah ki manzil and my parents took care of him and his family. But this purohit for his bad habits and greed and lust joined hands with our sworn enemy , a drunkard, ever using filthy language, accusing and alleging worst ( finally I filed a defamation suit) . This purohits claimed in court that his daughters r now using the room. But actually were coming here for showing claim on room and had taken a flat on leave and licence @ 28600/- per month in near by locality. I can prove this fact.While still paying Rs 1000/- in court for a my room. Then they started parking a car in compound without permission and without paying a penny . I can narrate many more doings of some tenants. And there were many good tenants too. And only we still enjoy good relations and exchange of cordiality ( like going to each other on all sukh dukh occasions. These good tenants Shri R N Goyal, Shri N M Thakar , Smt Amrit Arora and their family have full contacts with us but none with mischievous tenants like Purohit and others. But it is important to tell here that all these three tenants left voluntarily our building but I had to pay the fair market price to them . As I hv told I can go on as it is a history of 6 to 7 decades and 2 buildings and multiple families but for want of time will give u one more instance. My father was a practising Cost accountant and in 1965 or so he started his practice from the office of Shri Shyam sunder ji Dharnidharka. He used this place as his office ( Tholiya and associates , Cost accountants, Room no. 76, Bombay Mutual Building, P M Rd., Fort , Mumbai 40001). He had there his shops and establishments, phones and all other proofs like bank account and so on of over 45 years. He ( my beloved father ) expired in 2011 and he had used this office genuinely full time for decades. But I vacated this office on 14 th day post his death ( after terevan) where as I had hundreds of proof to stick to that office as even world thought that this was my dad's office. But my heart and concious said it was great affection and love and relations with which great Dharnidharka family gave us their prestigious place in FORT / FOUNtAIN and in return I can't give them hell ( by making them run to police and court) and trying to misuse the present system. So I am grateful to all those who have done good to me and my family but I am specially thankful to my shelter providers ( called landlords) for giving my family a decent living space a and space to earn living or else my parents too would have been living in shanties and would have been earning by doing some business on roads and footpath. You will find that due to this draconian non visionary rent act thousands of advocates,doctors etc a sophisticated professionals besides millions of others doing their works from huts and shades illegally built as rental housing industry has been killed. The media and few few devilish tenants and landlords have given such bad picture of landlords that one forgets that first decent shade over their head in city like Mumbai was given to them by none other then landlords. Atleast I will remain indebted to our landlords the Dias family a very gentle and pious goan christians , the Brigadier General Umrao singh and Shri Dharnidharka family. May god bless these landlords and teach lesson to treacherous ones. As I am not a biased person I feel for and support all poor and incapable tenants but call upon rich and mighty tenants to have fair and honest look at your past and pay back to landlords who ensured that your parents are not sleeping on platforms and footpaths but in a room built with hard earned money of family of landlords.

I can't afford a popcorn in cinema theater from one month income from two room tenant

2015-06-16T17:08:00.002-07:00

Do u know that from the rent I receive from all tenants together for
a month I can't afford OPD consultation in Hinduja Hospital or equivalent. From a rent received from a millionaire tenant of one room I can't go to a movie in good cinema. I can't afford a popcorn there. Do u all know I shell out my whole one month rental income from one tenant if I use pay and park once in a month.Do u know I have to shell out my whole month rental income from a tenant using 5 rooms if I am unable to leave arrival pick up point at airport in few minutes.

CIVIC SENSE AND WE: So far BMC was acting whimsically

2015-05-19T05:15:00.001-07:00

CIVIC SENSE AND WE: So far BMC was acting whimsically: So far BMC was acting whimsically on the basis of who gives what ...now HC wants their procedure ....Thanks to Hon......Alok ...

BMC issues letters for fresh structural audit of buildings as per proforma B

2015-05-15T16:44:00.004-07:00

wrongful use and occupation

2015-04-22T23:25:00.002-07:00

If any person is in unauthorised use and occupation of any premises is liable to pay wrongful use and occupation charges which is treated as mesne profit under civil procedure code.

You can apply to the Court for necessary direction against the occupants to deposit or pay such mesne profit/wrongful use and occupation charges under Order?39 of the Code of Civil Procedure 1908.

The same can be also claimed under order XV?A of the Code of Civil Procedure. Both these provisions deal with such situation and the court will grant you an interim relief for payment of wrongful use and occupation

Provision of repairs as per rent act

2015-04-22T23:17:00.001-07:00

As regards repairs, under the Transfer of Property Act, it was the duty of the tenant to carry out repairs to the premises. After the rent control legislation came in, the duty was cast upon landlords.

Similar provisions were present in the repealed Bombay Rent Act. However, under Section?14 of the Maharashtra Rent Control Act it is provided that it will be the duty of landlords to keep the premises in good repair. The provision states that:

Notwithstanding anything contained in any law for the time being in force and in the absence of an agreement to the contrary by the tenant, every landlord shall be bound to keep the premises in good and tenantable repair.
If the landlord neglects to make any repairs, which he is bound to make under sub?section (1), within a reasonable time after a notice of 15 days is served upon him by post or in any other manner by a tenant or jointly by tenants interested in such repairs, such tenant or tenants may themselves make the same and deduct the expenses of such repairs from the rent or otherwise recover them from the landlord: Provided that, where the repairs are jointly made by the tenants the amount to be deducted or recovered with interest by each tenant shall bear the same proportion as the rent payable by him in respect of his premises bears to the total amount of the expenses incurred for such repairs together with simple interest at 15 per cent per annum on such amount: Provided further that, the amount so deducted or recoverable in any year shall not exceed one?fourth of the rent payable by the tenant for that year.
For the purposes of calculating the expenses of repairs made under sub? section (2), the accounts together with the vouchers maintained by the tenants shall be conclusive evidence of such expenditure and shall be binding on the landlord.

However, as provided in the section, the tenant can also carry out such repair after obtaining permission under Section?499 of the Bombay Municipal Act 1888, but the tenant can deduct only one fourth of the rent payable in one year.

Tenants can repair the bathroom etc. Under the Maharashtra Rent Control Act the tenant has been permitted to change the flooring tiles and it is provided that such an act will not be considered as waste within the purview of Rent Act.

Likewise certain other work also has been considered by the legislature as exempted and does not amount to addition or alteration. You may look at the following provision which are enacted for the purpose of eviction of tenants and it is provided that under which circumstances the landlord can recover possession.

Reg my Account nos. 100680067 and 100680053 please be disconnected and refund deposit

2015-04-14T02:54:00.001-07:00

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

14th April 2015

The Chief Engineer,

Reliance Energy,

RNA Corporate Park,Old Kalamandir,

Nr. Collectors off.,

Bandra East, Mumbai 400051

energy.helpdesk@relianceada.com

02230303030

Dear Sir,

Namaskar.

Reg my Account nos. 100680067 and 100680053

I have above connection in a building which is very old and has become dangerously weak. I am unable to use my premises and hence I want atleast two of my meters as above are disconnected. Pl. advise procedure and do needful in the matter.

Also pl. refund our security deposit lying with you.

Thanks and Regards,

Alok Tholiya,

Judicial Misconduct of some Judges of High Courts and Supreme Court provoked me to file RTIs...

2015-03-30T15:36:00.001-07:00

has not moved an inch in last 25 years. Law has a provision that tenant can repair the building and recover expenditure bt deducting from rent. But still court has against the law given an order that landlord must carry out repair. With rs 138 /- per month I am unable to pay even ever rising BMC property tax then how can I raise funds to spend over Rs 15 lacs to carry out repairs? So for 25 years because of bad courts I and my family is suffering.

Judicial Misconduct of some Judges of High Courts and Supreme Court provoked me to file RTIs...

Judicial Misconduct of some Judges of High Courts and Supreme Court provoked me to file RTIs relating to Judiciary; Subhash Chandra Agrawal

LIVELAW.IN

why use haram ka. free ka, baimani ka or why be defaulter

2015-03-28T04:23:00.000-07:00

Hearty news

Tholiya's Launch poor

Tenant’s Charity and

welfare fund

Pl. apply for funds for paying rent, paying for common expenses and dues like water,electricity car parking you use. Take this charity help and avoid being a user of free ka.

Conditions apply.

For our poor tenants and trespassers only.

Charges, tariff, fees and permits linked to bribe keep rising but the rent to old buildings landlord

2015-03-26T02:03:00.001-07:00

Will any Shreya Singhal is born who can take up these issues:

Charges, tariff, fees and permits linked to bribe keep rising but the rent to old buildings landlord

Yesterday we went for PUC ( Pollution under control testing) of my car. The person sitting in mobile van did not even get down, did not connect testing machine and gave the certificate.

RTO authority gives PUC testing permit for a huge bribe or most of the agents are from RTO officers family.

The PUC was Rs 30 or less when introduced but today it is Rs 100/- per car. They earn over a 1 lac to 1.5 lac per month easily.

So any scheme started to improve quality of life, save nature, protect children, women, old, sick, poor and so on only becomes tool for bureaucrats to make money. And yet fools demand for more stringent laws and heavier fine. Which only means that you empower satan to loot you more and make you their slave.

The taxi, auto unions too bribe in lacs to get their fare revised upward drastically. For car parking allotment, towing van permit , toll collecting agency the bribe is in lacs. And u find that toll, parking charges, towing charges etc keep going up unreasonably and the bribe too keeps going up for getting these permit/ agency.

On the other hand since bureaucrats, judiciary, politicians can not make any money from landlords of old building so they do not allow increase of rent. So even today landlords of old buildings get Rs 30/- per room per month and one of my tenant says I drink liquor worth rs 15000/- per month. But he still does not pay rs 120 for 4 rooms as he know to recover that thru court I will have to pay lacs to advocate fees and will have to suffer in courts for decades.

while there is a board to allow revision of power tariff, for metro fare and so on but there is no such board for revising rent as reliance can bribe but landlords can not.

Govt staff can demand appointment of pay commission for increase in wages for can go on strike, even doctors can go on strike and let the patients die but landlords have no such ways and means.

If u do not pay for credit card, telephone, power, water etc then ur services are instantly blocked. If u do not pay for school fees, hospital bills etc then u r thrown out but landlord can not do any thing like that even if you do illegal activities, misuse, harass, do nuisance, do not pay as only remedy to you is go thru a court which your 3 generations will have to visit and even then there is no guarantee that you will get justice.

Alok and only alok raises these issues for general benefit and justice to weak and unorganised class........

Inspection of saburi building for repairs estimate and condition of building as per Proforma B

2015-03-25T05:29:00.002-07:00

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

25th March 2015

Smt. Bina Chowdhury,

Chowdhury House,

Chh. Shivaji Marg,

Vakola Bridge, santacruz east,

Mumbai 400055

Madam,

Namaskar.

Pl. note that I have appointed Shri kanti Lalpuria of Total Solutions to prepare structural audit report as per proforma B furnished to me by H east Ward office.

I have also appointed them to make detailed report of condition of building, repairs required and estimates for carrying out repairs and the time frame in which same can be carried out.

For this purpose they will need to visit the entire building, ground floor, first floor, terrace and other structures in the building.

You are requested to cooperate, remain present if you so desire. Pl. make access to premises on first floor, room under staircase and terrace.

The date and time fixed for visit is 7th April 2015 at 11 am..

Pl. confirm on my above phone no. suitability for the purpose of visit of Structural Engineer.

Alok Tholiya

Mrs Bina Chowdhury has several properties under tenancy where she pays few bucks but demands crores from landlords

2014-09-17T03:27:00.001-07:00

Mrs Bina Chowdhury has several properties under tenancy from different landlords and are grossly underused and misused,neglected and wasted :

She is a tenant of one entire bungalow at a very prominent location which is just next to 7 star hotel Grand Hyatt.

Jariwala Niwas, Cha. Shivaji Ext. Rd., Opp Diwali Bldg of Patel's, next to Suyog Apt.,

Plot no. 108, Property registration no. 3760 to 3761 Alekh kramank = 28-29

2. She has huge property under lease from wadia estate:

Chowdhury House, Chowdhury Compound, Shivaji Marg,

Vakola Bridge, Santacruz east, Mumbai 400055

Tel no. 26684017

Address of Wadia Estate: Hon. Trustee,

A H Wadia Trust,

Templebar Bldg.,

3rd Fl., Opp. Jahangir Art Gallery,

Above Khyber Hotel,

M G Rd., Fort, 400001

22673234

Property Survey No. 362 and 378.

Lease Agreement no. 423 dt. 24/04/1949

NAA Khata No. 42, Hissa No. 4 part and 1 Part, situated at Cha. Shivaji Marg., Vakola Bridge, Opp Pratap House, Santacruz East, mumbai 400055 Rent Rs 556.25 per annum.

3. Besides above she had one lodging boarding at Vakola Bridge which she sold and made good money while the poor landlord was got peanuts from from her as a rent for decades..

4. Besides you are having tenancy in our property and not using the same at all.

Bharat Lodge, 1st Floor, saburi Building ( formerly known as Dias Building),

Vakola Bridge, Santacruz east. Mumbai 400055

5. You have several bank accounts and fixed deposits running in fortune in most of the branches in Vakola as murmured by one of her persons.

6. She has filed a false case claiming rights to terrace of our building Saburi and engaged one of the most costliest Advocate for 24 years. This seasoned advocate with lot of contacts in judicial fraternity practice in south Mumbai but he comes specially from there for her case. Now a days even jr. advocates charge huge fees for even simple work then how much her advocate must have charged her can not be imagined as he is very senior, comes especially from south Mumbai in a luxury chauffeur driven court and assistant for her matter, has successfully stalled RAD 2145 of 1990 and RAE for last 24 years.

6. Her two of known sons are well educated and well settled one being advocate and other being with a large corporate executive. However instead of taking their sane and straightforward spiritual advice and help she has chosen to take path of sinfully harassing all the 3 present landlords and playing in the hands of those poisoning her mind.

For wise ppl only two choice

2014-06-25T05:14:00.002-07:00

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.

CIVIC SENSE AND WE: Mumbai rent act buildings...Live in hell and then ...

2014-06-24T02:40:00.001-07:00

CIVIC SENSE AND WE: Mumbai rent act buildings...Live in hell and then ...: 15000 old buildings are in dilapidated condition in Mumbai. Millions live in these horrific condition buildings in Mumbai. No one bothers. A...

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

2014-06-17T23:54:00.000-07:00

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

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

2014-06-12T23:45:00.000-07:00

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/

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:

You have / ur concerned officers have carried out inspection of building.
You have stated that building is in dangerous situation, and is in falling / ruinous/ dilapidated condition.
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

Mumbai's 18,000 old buildings to get structural audit notice by April 10

2014-05-30T09:37:00.001-07:00

Printed from

Mumbai's 18,000 old buildings to get structural audit notice by April 10

Linah Baliga,TNN | Mar 25, 2014, 01.50 AM IST

MUMBAI: The BMC has given wards time till April 10 to issue notices for structural tests to over 18,000 buildings that are more than 30 years old. It will be mandatory for societies to conduct a non-destructive test before they submit the structural audit report to the BMC. This was announced by municipal commissioner Sitaram Kunte on Monday.

In Mumbai, there are 32,429 buildings that are above 30 years old. Earlier this year, the BMC had sent notices to 13,779 buildings to conduct structural audits but as there are many more old buildings, a fresh list has been drawn up. Now, the BMC has to send notices to over 18,650 buildings.

The notice states that if the building is more than 30 years old, it is the owner's responsibility to carry out structural audits. A non-destructive test includes taking portions—the core from columns and beams and sending it for testing in a laboratory to check its strength. "The notices will be given to the secretary, chairman, owners and all tenants of the building," said a senior civic official.

Shashank Mehendale & Associates, BJ Mehta, Structwel and Retrofit are some of the structural consultants on the panel. "Besides a visual test, the audits will have to be conducted by appointing one of these consultants," said civic official.

After the BMC notice, the audit has to be conducted within 30 days. "The report is sent to the technical audit committee team. If declared dangerous, the report will go to the building proposals department. If the building needs repairs, the audit report will be sent to the executive engineer," said the official. The BMC has appointed a technical audit committee. "If two audits differ in their reports, this panel will decide the building's fate," said the official.

Don't be fool to expect that reliance will be fair/ transparent or lawful

2014-05-26T23:28:00.002-07:00

Reliance's Versova-Andheri Mumbai Metro won't come under RTI | Latest News & Updates at Daily...

Reliance's Versova-Andheri Mumbai Metro won't come under RTI - The...

DNAINDIA.COM

Bhaskar Prabhu

4 hrs ·

So the no accountability......
Like · · Share · 14
- Surendera M. Bhanot likes this.
- View 2 more comments
- Alok Tholiya where ever Reliance is there they do not believe in law, transparency etc. When I wanted to get name changed from a meter which stood in my beloved mothers who is no more. They asked many documents like NOC from landlord ( which I am ). But one tenant illegally took connection in my one ( of the two) property . Since I had not given a NOC and he did not possess any valid proof still got the connection. I asked from Reliance Energy of Ambani for furnishing me copies of docs given by this person. They refused and even did not accept my RTI application. Even High court favoured them on this. Reliance is a dictatorial autocratic org. which only believes in by hook and crook and not in law, moral, clean behaviour.
  
  3 mins · Like
- Alok Tholiya I had also written to BMC ( ruled by BJP and SS for last 30 years) to furnish me with docs given by this same tenant . I also made RTI query. After abt two months they replied that whole file of this kishan Chohan / Hotel Ranjit is missing.
  
  2 secs · Like

why cant Govt/ BMC officers and MLA's be human....

2014-05-26T05:24:00.000-07:00

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

27th May. 2014

The AMC,

H/east , MCGM,Santacruz east, Mumbai 400055

Tel . No. 26125849/26182217

Email id : Not mentioned on your letter

Web address not given with link to various sections

Reg: Your notice no. ACHE/ 354 /A E (B & F) dt 21/05/14

SUB: you have ordered threateningly that I can be put behind bars, penalties cud be imposed on me if I do not prop up entire building and carry out extensive repairs to my building Saburi, 107, Vakola Bridge, santacruz east, 400055

Dear Sir,

Namaskar and Season’s Greetings.

I am in receipt of above notice. I am trying to state the factual position point by point to your this notice .

My building Saburi is 72 years old. In last 2 decades I have repeatedly tried to wake your dept to the deteriorating condition of this building viz.:

Building is very old
Is made of poor quality material and labour ( as mentioned by old tenant Mrs BIna Chowdhury in one of her letters in 1950’s.
That building is infested with a tenant who has weakened the building by her acts of gross purposeful negligence. She exploited the most commercially the premises rented to her @ Rs.138/- p.m. and ran “ Bharat Lodging and Boarding” on first floor ( last few years closed by her) but never tried to spend a single penny on its upkeep. She must have spent lacs in hiring a very costly senior advocate to harass me with false claims but did not spend anything to safeguard the building except depositing Rs 138/- p.m. as rent. Her tenancy agreement, her own business interest and moral responsibility makes maintaining the premises let out to her as entirely her responsibility.
Mrs Bina Chowdhury installed a heavy water storage tank on first floor and erected a shade on terrace of building which has damaged the building extensively and also increased the load on old weak building. Finally ward office due to our repeated complaints ensured that the structure from terrace is removed. But by then she had already caused damage to ceiling of first floor that is terrace floor of building. The water started percolating to lower floors and damaged the building.
From the first floor toilet blocks and passage adjacent there was a year round leakage to ground floor ceiling resting on wooden beams, These beams have given away due to her this purposeful way to harass the ground floor owners and other occupiers.
You have referred to vegetation in building and asked same to be removed. The vegetation is above first floor level. The business of guest house requires beautification and modernisation of building premises. But forget about repairing and modernizing she didn't even spent Rs 50/- or so required to pluck vegetation. Rather if she is running lodging house as falsely claimed by her then even any staff member could have pulled out these vegetations form roots.
There is a unauthorised hôtel Ranjit in the open premises of building which is in very shabby condition, with over flowing gutters and sewer, unhygienically stored and cooked foods, ....

Sir, why did you have to allow these illegal establishments without licence and if licenced then inspite of being without licenseable condition u renewed the licence. Why?

And shockingly now you are asking me to get building vacated, get it propped up and carry out extensive repairs!!!!! Shocking!!!! All these years police, BMC staff made money from the illegal hôtel wala, also from the badly maintained guest house and so on but now you put the responsibility on me for getting the same vacated and then getting the same repaired?

Buildings are falling because :

A. There is a redevelopment offers for slums but not for tenanted buildings? Why?

B. Neither BMC is new to city nor it is a news that buildings are falling , have fallen and will keep falling. As a responsible civic body why you and Govt of Maharashtra kept on sleeping about this serious condition ?? Any wise honest person from BMC or urban develop ministry or newspapers or courts could have prevailed upon on policy makers that a practical and pragmatic policy is made so that neither buildings fall, nor occupiers live in uninhabitable, unthinkable, unhygienic and risky , propped up buildings in 21st century.

Pl. note that list of duties of ward EE says “EE will inspect the dilapidated buildings private as well as Municipal himself and will take proper action like propping and evacuating etc. as the case may be and he will maintain record of the same.

My question here is why EE is asked to wait till buildings become dilapidated and then inspect and then then be happy by taking proper action like propping up. It is like doctors be asked till one reaches point of no return and then give him life support by admitting in ICU. Why there is no provision that much before corrective action ( either of repairs or redevelopment ) are taken.

However I am not sure if EE ever visited building. I hereby request you to provide records and visit / inspection of EE to my building Saburi. Why I too and even other occupier were not informed and not asked to remain present. What was so secretive about his visit?

Besides pl. note that tenant Mrs Bina Chowdhury had taken injunction behind my back and by misrepresentation from court that neither me nor my representatives can enter first floor premises and terrace etc.. Since I was not allowed to enter thus I can neither be blamed for deteriorating condition of building nor for not carrying out necessary repairs in time.

However 72 years are too long period for a building to stay and that too adjacent to Mithi river where ground floor gets flooded every year and where unhygienic conditions due to illegal hôtel gives birth to army of rats and rodents who are weakening building by digging beneath floors/ ladi.

Dear Sir,

I do not have any contacts with Mrs Bina Chowdhury the tenant. The Chougule family running stall of paan bidi also never show any response.I have tried in past to have a joint meeting with tenants to resolve some common minimum erring issues like repairs and maintenance but failed due to their non cooperation.

And as per structural Engineer the building is irreparable or at least it is unviable to repair and if repaired then also it will be not very safe for long. Worst is everyone will have to live in propped up building !!!!! Can’t imagine to live / work in that condition where everywhere there r baboos on your way.

I wonder what kind of greed and mentality tenants and trespassers have who do not want to live in falling buildings by extending cooperation and contributing their mite and instead keep slapping legal cases or keep hurling abuses and keep writing complaints against landlord the shelter providers.

I also do not know what kind of atma is there in our bureaucrats and politicians who want landlords to get only Rs 30/- p.m per room ( approx) ( due to rent act and frozen rent) but want the landlord to spend fortune in preserving falling buildings or else go to jail?

I think those responsible for extending rent act for half century instead be sent to Jail for their non vision so city looks bad, buildings fall and life and property lost.

Sir, I am sure not to get any cooperation from tenants and therefore request you to carry out the necessary repairs as you deem fit and add same to property tax as envisaged in Recovery of expenses by the Commissioner 491.

But I repeat redevelopment is only permamnet solution for which:

i) one window for approval of plans

ii) Easy loans to tenants and landlords for redevelopment

iii) scrapping rent act

We are awaiting further action/ advise as per relevant laws.

Kindly do the needful.

Thanking you,

Sincerely yours

Alok Tholiya

Encl: AS ABOVE

Encl. Copy of letter having ack. of your office dt. 10Dec 2013

CC to Hon. Municipal Commissioner, Mumbai

Hon. Shri Shrikant Singh P S UD2 , Mantralaya.

For info:

http://www.mcgm.gov.in/irj/go/km/docs/documents/MCGM%20Department%20List/Wards/Assistant%20Commissioner%20(F-South)%20Ward/RTI%20Manuals/F_South_RTI_E_03.pdf

WARD EXECUTIVE ENGINEER

List of duties assigned to the Ward Executive Engineer.

17. He will inspect the dilapidated buildings private as well as Municipal himself and will take proper action

like propping and evacuating etc. as the case may be and he will maintain record of the same

Recovery of expenses by the Commissioner [and the General Manager].

491. Expenses recoverable under this Act to be payable on demand; and if not

paid on demand may be recovered as an arrear of property tax.

(1) Whenever under this Act, or any regulation or by-law made under this ct, the expenses of

any work executed or of any measure taken or thing done by or under the order of the

Commissioner [or the General Manager] or of any municipal officer empowered under section

[68 or 68B] in this behalf are payable by any person, the same shall be payable on demand.

(2) If not paid on demand the said expenses shall be recoverable by the

Commissioner [or the General Manager] subject to the provisions of sub-section (2) section 503,

by distress and sale of the goods and chattles of the defaulter, as if the amount thereof were a

property-tax doe by the said defaulter.

Section 475-A - Punishment for commencing work contrary to section 347 [1]

illegal tresspassers do not have right to property....

2014-05-20T19:58:00.002-07:00

taken with thanks from: GEEK UPD8

http://law.geekupd8.com/2014/05/Injunction-is-a-relief-of-discretion-and-should-not-be-given-to-a-person-who-approaches-the-court-with-soil-hands.html?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+GeekUpd8-LawBlog+%28Geek+Upd8+-+Law+Reporter%29

A person in long possession of property without any right, title, grant, lease - Such possession does not give any right to the person to retain possession against true owner and not entitled to injunction

Posted: 20 May 2014 02:27 PM PDT

PUNJAB AND HARYANA HIGH COURT

Before :- R.L. Anand, J.

C.R. No. 1666 of 1999. D/d. 21.7.2000.

Jit Singh - Petitioner Versus Sardara Singh - Respondents

For the Petitioner :- Mr. Arun Palli, Advocate.
For the Respondents :- Mr. Vijay Sharma, Advocate.

JUDGMENT

R.L. Anand, J. - Whether long possession per se, if it is without valid title or right to occupy the land/property, gives a right to the occupier to retain such possession against a rightful/lawful owner is going to be adjudicated in the present revision as this aspect of the case is being confronted by the subordinate courts in different litigations and in the High Court also many litigations on this aspect of the law are being entertained.
Read more »

Compiled by Puneet Batish for Law Reporter 'http://law.geekupd8.com for providing latest updates on Immigration laws, how-to's, acts and much more.

"commission of building safety "is no solution.

2014-05-14T20:13:00.003-07:00

"commission of building safety "is no solution. Like courts ordered scrapping older by 15 years and more all taxis and tempos Same way all buildings requiring major repairs or propping should be redeveloped. There should b single window permissions and banks must give loan to landowners for redeveloping.

http://www.muktbharat.com/index.php/article/display/old-buildings/10299?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+muktbharat+%28%E0%A4%AE%E0%A5%81%E0%A4%95%E0%A5%8D%E0%A4%A4+%E0%A4%AD%E0%A4%BE%E0%A4%B0%E0%A4%A4%29

मुंबई
बिल्डिंग गिरने के लगातार हो रहे हादसों पर आलोचना झेल रही बीएमसी ने राज्य सरकार को हाई कोर्ट में घसीट लिया है। बीएमसी ने बॉम्बे हाई कोर्ट में रिट पिटिशन दायर कर जर्जर बिल्डिंगों को खाली कराने की जवाबदेही तय करने और ठोस दिशा-निर्देश जारी करने का अनुरोध किया है। खास बात यह है कि बीएमसी ने इस पिटिशन में राज्य सरकार और पुलिस को प्रतिवादी बनाया है। बिल्डिंग गिरने के मामलों में गंभीरता दिखाते हुए प्रशासन ने पहली बार इतना सख्त कदम उठाया है।

कानून और नियम में फंसा जर्जर बिल्डिंगों का मसला
पिछले एक साल में जर्जर हो चुकी बिल्डिंगों के गिरने से सैकड़ों लोगों को अपनी जान गंवानी पड़ी है। हर हादसे के बाद सीधे तौर पर बीएमसी को जिम्मेदार ठहराया जाता है। ज्यादातर मामलों में नियम और कानून के पेंच में फंसने की वजह से खतरनाक बिल्डिंगों को खाली कराना मुश्किल साबित होता है। बीएमसी के अधिकारी के अनुसार, वर्तमान में जर्जर बिल्डिंगों को खाली कराने के लिए हमारे पास बेहद सीमित अधिकार हैं। 30 साल से अधिक पुरानी बिल्डिंग का स्ट्रक्चरल ऑडिट के बाद यदि बिल्डिंग जर्जर व खतरनाक पाई जाती है तो बीएमसी उन्हें मरम्मत या खाली करने का नोटिस देती है।

हालांकि, अक्सर निजी बिल्डिंग के निवासी घर खाली करने से मना कर देते हैं। कुछ जगहों पर तो ऑडिट रिपोर्ट फर्जी होने का हवाला देकर सोसायटी के लोग कोर्ट पहुंच जाते हैं। ऐसे में बीएमसी कुछ नहीं कर पाती है। बीएमसी ने कोर्ट के सामने ऐसे ही कुछ विवादित मामलों को पेश किया जहां, प्रशासन की ओर से नोटिस दिए जाने के बावजूद निवासी घर खाली करने से इनकार कर देते हैं। पिटिशन में हाई कोर्ट से भी जर्जर बिल्डिंगों के बारे में दिशानिर्देश निर्धारित करने का अनुरोध किया है।

'कमिशन ऑफ बिल्डिंग सेफ्टी' जल्द बनाने की मांग
बीएमसी के एक अन्य अधिकारी ने बताया कि पिटिशन में हमने राज्य सरकार से जल्द से जल्द 'कमिशन ऑफ बिल्डिंग सेफ्टी' सेल का बनाने का अनुरोध किया है। 1998 में राज्य सरकार ने कमजोर बिल्डिंगों से जुड़े मामलों का निपटारा करने के लिए कमीशन ऑफ बिल्डिंग सेफ्टी' बनाने की बात कही थी लेकिन अब तक ऐसा नहीं किया जा सका। वहीं, पिछले साल डॉकयार्ड बिल्डिंग हादसे के बाद भी कमिशन ऑफ बिल्डिंग सेफ्टी' बनाने का वादा किया गया था लेकिन अब तक कोई प्रगति नहीं हुई। निजी हो या सरकारी सभी बिल्डिंगों के लिए सेफ्टी सेल का फैसला आखिरी होगा।

बीएमसी ने जर्जर बिल्डिंग के मामलों के लिए राज्य सरकार से ज्यादा अधिकार मांगा है। इसके अलावा मुंबई पुलिस को भी इसमें प्रतिवादी बनाया गया है। अधिकारी के अनुसार, सीआरपीसी के सेक्शन 133 के तहत पुलिस भी जर्जर बिल्डिंग से लोगों को खाली करा सकती है लेकिन इस वक्त वह बीएमसी के बुलाने पर ही आती हैं।

BMC blames Maharashtra govt, police for rundown bldg crash deaths

2014-05-14T00:28:00.000-07:00

Alok says: For the first time in its history BMC ( Mumbai Municipal Corporation ) has shown wisdom and courage by filing this PIL in Bombay High court for the first time in its over 100 years. They are blaming openly by giving facts that how police is not using powers which are bestowed upon them and avoiding to take precautionary steps and finally many innocent lives are lost when dilapidated buildings fall. So much so, but will someone file a PIL against government of Maharashtra and BMC for not farming a healthy practical policy so that buildings are redeveloped much before they become risky and uninhabitable. Shockingly we see so many buildings with props and in bad condition as government has introduced all bad laws like anarchic and ancient Rent act which discourage reconstruction…….And then they arrest landlords at least buildings of landlords have survived two to three times more then built by builders, BMC, MAHADA etc..

Printed from

BMC blames Maharashtra govt, police for rundown bldg crash deaths, tells HC they don’t do enough

Bhavika Jain,TNN | May 14, 2014, 12.58 AM IST

MUMBAI: Blamed often for the deaths when ramshackle buildings crash, the Brihanmumbai Municipal Corporation (BMC) has filed a writ petition in the Bombay high court against the state government, Mumbai police and the residents of a dilapidated building in the suburbs who refused to move out.

The civic body made the state government and the police party to the petition, claiming they haven't done anything to solve the complex problem despite having the powers to do so.

It has demanded that the state government establish at the earliest a commission of building safety that was proposed in 1998, said officials.

"The commission was supposed to be a quasi-judicial authority whose writ would run over all the buildings in the city. Its orders would be binding. Today, the BMC's biggest problem is that whenever it declares a building is dilapidated based on a structural engineer's report, residents bring another, claiming the building is fine. It's in situations like this that the commission is needed," said a senior civic official.

The BMC has pointed out that under section 133 of the Criminal Procedure Code, the police can on its own evict people from dilapidated buildings. But now, the cops come only if the BMC undertakes an eviction.

"We have given a case study to the high court and asked them to give us guidelines about what should be done. It should not look like the BMC is not doing enough to prevent collapses," said another civic official. The BMC has submitted a set of draft guidelines.

The civic body has also asked the state government to give it more powers to evict people from private buildings. Currently, it has to use the disaster management Act and cut the water and electricity supply to force people out.

The BMC has pleaded urgency in the high court as they are facing problems during eviction and demolition of extremely dilapidated structures and has asked for a solution at the earliest.

So far, over 400 buildings that are more than 30 years old have been declared as dilapidated. In all, there are over 32,000 over-30 buildings and the number will increase as other reports come in.

tenantsofsaburi

what they said about Indian Judiciary: Alok on tenants and rent act::

u can bribe reliance staff and can take connection without having proper documents and without NOC of landlord

Illegal connection and usage in Saburi of Reliance energy

trailer of my story as tenant and as landlords

I can't afford a popcorn in cinema theater from one month income from two room tenant

CIVIC SENSE AND WE: So far BMC was acting whimsically

BMC issues letters for fresh structural audit of buildings as per proforma B

wrongful use and occupation

Provision of repairs as per rent act

Reg my Account nos. 100680067 and 100680053 please be disconnected and refund deposit

Judicial Misconduct of some Judges of High Courts and Supreme Court provoked me to file RTIs...

why use haram ka. free ka, baimani ka or why be defaulter

Charges, tariff, fees and permits linked to bribe keep rising but the rent to old buildings landlord

Inspection of saburi building for repairs estimate and condition of building as per Proforma B

Mrs Bina Chowdhury has several properties under tenancy where she pays few bucks but demands crores from landlords

For wise ppl only two choice

CIVIC SENSE AND WE: Mumbai rent act buildings...Live in hell and then ...

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

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

Mumbai's 18,000 old buildings to get structural audit notice by April 10

Mumbai's 18,000 old buildings to get structural audit notice by April 10

Don't be fool to expect that reliance will be fair/ transparent or lawful

Bhaskar Prabhu

why cant Govt/ BMC officers and MLA's be human....

illegal tresspassers do not have right to property....

PUNJAB AND HARYANA HIGH COURT

Jit Singh - Petitioner Versus Sardara Singh - Respondents

JUDGMENT

"commission of building safety "is no solution.

BMC blames Maharashtra govt, police for rundown bldg crash deaths