Automated Translation:
File a case against landlord if repairs are delayed

Relief to residents stuck in landlord-tenant disputes

Sunita Mhamunkar, Sakaal News Service

Claim under 507

If the tenants do not listen to the owner, then according to section 507 of the Mumbai Municipal Corporation Act, the tenants can file a claim in the Small Claims Court, so not undertaking repair work is not an option, argued Advocate Sushma Sonawane on behalf of the municipality The court accepted this argument and stayed firm on its decision.

Mumbai, 11th: If the repair work in a dangerous building results in a dispute between the owner and the tenant, The Bombay High Court has ruled that the municipality can file a criminal case against the resident, giving the municipality the go-ahead to repair several buildings mired in landlord-tenant disputes.

Municipal commissioners have the authority to inspect buildings in towns and cities and decide whether they are dangerous or not. The Commissioner has the power to prevent harm to the lives of the occupants or the buildings and to take appropriate action for the same. If any such building is reported to the Commissioner, the Municipality may notify the owner or occupier of the premises regarding urgent repairs thereof. By taking cognizance of this notice, the concerned are under obligation to vacate the premises for repair, Justice Shalini Phansalkar-Joshi noted in the ruling. Many times there is no need to vacate the premises for repairs, in such cases the residents should give importance to the construction of the building. The court has also clarified that if the concerned residents ignore or do not act on the notice, the Municipality can file criminal action against it as per law.

Regarding a building in Malad, the municipality had issued repair notices to the owners and tenants of the building six years ago. The notices had instructed them to remove the decking, beams and surrounding bushes. But because of the dispute between the owners and tenants, the repair work was stalled. Therefore, the municipality filed a criminal complaint against the concerned in the Magistrate Court.

The owners appealed to the Court of Small Causes against this. The Court accepted the appeal and quashed the action. However, the Municipal Corporation filed a petition in the High Court against this.