llegal bldg tenants haul up developers

Express Newsline (July 31) had carried a report on the illegal demolition of the bungalow and construction of a building under the pretext of “carrying out repairs”.

The tenants were worried at the possibility of the building being demolished again after Chief Justice M B Shah and Justice R P Desai ordered the BMC on August 4 to take “appropriate action” against the illegal construction “at the earliest.” They have threatened to take further legal action if the developers neglect their grievances.

The tenants alleged that they were “induced and forced” into signing agreements for the development of their tenements. They were allegedly threatened by the developers when they sought legal advice after they suspected the bonafide of the agreements.

The tenants alleged that they were also harassed with essential amenities being withheld from them. “You all had adopted such inhuman tactics only to force my clients to sign the agreements unilaterally prepared by you,” the notice by advocate T D Singh says.

Once the construction started, the tenants were shifted to a very “inconvenient place” and their apartments in the newly constructed building were even worse. The notice states, “The poor quality of building material used for the construction will eventually lead to its collapse at any time, endangering the lives and property of the tenants.” Soon after obtaining the repair permission from the H west ward office on March 1, 1996, D’Mello sold his property to the developers under a Deed of Conveyance dated April 20, 1996. Subsequently, the developers entered into individual agreements with the tenants of the bungalow and took over vacant possession of the premises by promising them permanent accommodation in the new building.

The High Court had recently admitted a writ petition filed by the Brashtachar Nirmoolan Sangathana (BMS) against the BMC and others (including the son of the local Shiv Sena shakha pramukh) for conniving with the owner and developers of the premises.