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Tussle between landlords and developer leave residents in a fix

11:49 PM Aug 02, 2021 | Sweety Adimulam

After seven years, the Brihanmumbai Municipal Corporation (BMC) initiated eviction and demolition notice to residents of Jani Niketan building in Mulund, which was declared as C1, highly dangerous, in 2014. The building was supposed to go for redevelopment, but in vain.

An MoU was also signed in 2006 between the nine land owners, two have died, and M/s Shree Mangesh Constructions. An agreement was signed which stated that additional TDR/FSI is essential to make the project financially viable, for which they would have to wait for five years from the date of signing of the agreement. However, till date no work has been initiated.

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What residents say:

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One of the residents Mahendra Kumar Sankhala said that they have been left in the lurch over a dispute between the landlord and developer. “We only want our building to be redeveloped. I have two flats here. The BMC has forcefully evicted us without resolving the dispute between the landlord and developer. Since we do not have any other house, we have kept our belongings in Jani Niketan and have shifted temporarily. We are unaware if redevelopment will be carried out or not. No alternative accommodation has been provided by the developer, landlord or BMC. I am living on rent at my own expense,” he said.

What landlords say:

Keny Jayendra, one of the landlord’s son, said that the nine landlords had signed an MoU with M/s Shree Mangesh Construction in 2006, in which it was agreed that Rs 76 lakh will be paid. Initially, a certain amount was paid. But the remaining amount was to be paid after obtaining all required permissions. He alleged that the developer falsely tried to sign a sale deed agreement of Rs 76 lakh, but it backfired. The current land ownership states that of the nine landlords, only three have sold their shares with the said developer.

What officials say:

Meanwhile, BMC’s assistant municipal commissioner (T-ward), Rajan Prabhu, said that the building has been vacated but some families have still kept their belongings there. The police will be informed at the time of demolition and a panchnama will be done, he said.

When asked about the residents not having alternative accommodation, he said, “The BMC doesn't provide transit homes. However,

we are trying to resolve the matter.”

Despite repeated attempts, the builder wasn’t available for comment.

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