Pagdi tenants protest at Azad Maidan for right to redevelopment
MUMBAI, Nov. 19 -- Jagdish and Ravi Mulchandani, a father-son duo, have been fighting for years for the redevelopment of their pagdi building, Kalyan Bhavan, at Marine Lines. Despite following all procedures, doing the rounds of government authorities and winning their case in the Bombay high court and Supreme Court, in July this year they watched the top four floors of their building get demolished.
The Mulchandanis' story is not unique. Like Kalyan Bhavan, many of the 13,000-plus cessed buildings scattered across the island city are stuck in a battle between landlords and tenants. Frustrated by repeated visits to government offices, endless repairs, eviction notices and endless court cases, the Pagdi Ekta Sangh held a protest meeting at Azad Maidan on Tuesday.
"Redevelopment is a human rights issue," said Mukesh Pendse, president of the Sangh. "We lack quality of life in our old cessed structures built before the 1940s. Our homes are barely 100 to 150 sq ft with no lifts, and toilets outside the homes. Building collapses are not uncommon. Above all, there is the constant insecurity of losing our rightful homes."
The protestors detailed the tactics used by landlords to put tenants-who have part-ownership rights-on the backfoot. The first attempt is to evict tenants.
"Landlords are typically not satisfied with their share in redevelopment so they come up with reasons to file eviction suits such as structural changes made by tenants to the property even if these may be marginal," said Pendse. "They also claim rents are not paid when they themselves often stop accepting rents and issuing receipts, especially when a homeowner dies and the heir gets the house."
Disincentivised by rents frozen by the decades-old Rent Control Act, upkeep of and repairs to the buildings are slow or non-existent. Landlords often do not contribute to the cess fund, delaying repairs despite tenants paying for them. This ages the building, getting it to the dreaded C1 'dilapidated' category and opening the door to forced evictions. After this, the tenants lose their bargaining chip and often find themselves out of a house.
The Mulchandanis, fighting doggedly for decades, had brought Kalyan Bhavan to the brink of redevelopment-an option afforded by Section 79(A) of the Mhada Act, which gives the landlord the first right to redevelop, followed by tenants and then Mhada itself.
"After the landlord's six months to propose redevelopment lapsed, we tenants went to Mhada with our proposal, which Mhada did not accept," said Jagdish. "We then moved the Bombay high court, where we won. The landlord's attempt to approach the Supreme Court was also quashed. Despite all this, our redevelopment is still crawling along."
"What we demand is a Government Resolution that paves the way for the redevelopment of all cessed and non-cessed pagdi buildings," he said....
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