HOW WILL I GET MY POSSESSION , WILL THE BUILDING PLAN BE SANCTIONED?
2 years ago
Previous Landlord sold to new owner within a year new landlords/developer used KMC as a tool in fulfilling the desire of the landlords by demolishing our shop and ousting us from our shop, shop measures around 700 sq. ft.
KMC along with the Borough office -The Executive Engineer acted as a conspirator
my shop was there in ground floor of a old building in South Kolkata.
building as per KMC was in a dilapidated condition but my shop as per the surveyor of ours was absolutely fit and stable to run business.
on 1.08.2019 the KMC had passed an express order and demolished the building within 4 days of passing that order, no hearing was given, and fulfilled the desire of the developer and the landlords.
since then we are out of our possession, and served many letters but still not clear what will happen with us?
In KMC's IB records our name appears still.
Licenses are there with us.
Tenancy was more than 70 years old.
Discussed this issue in Talk to Mayor show many times but no response from the KMC personnel, only fake promises, we stand with you, without your NOC building plan will not be sanctioned. KMC have not measured our shop before demolishing, no process was followed prior to demolition, No words of mayor was given importance in protection of rights of tenants such as- NO rehabilitation given, forcefully evicted us, carried on business till the last day.
Since then my family is striving hard.
sir please provide us the right way to be back in the possession.
You may try by approaching High Court.
Ankur Goel @ Complete Law Shield
Responded 2 years ago
approach "har raat kunwari didi".
Ayantika Mondal @ Prime Legal
Responded 2 years ago
If you have the tenancy agreement, and all the requisite licenses, in your favor, then such demolition is illegal and violation of law. You should file a petition before the HC against such illegal demolition by the KMC.
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You can approach the HC by filing writ petition stating that the demolition of your shop was illegal, and it was done at the behest of the landlords. You can get the appropriate remedy from the HC against the actions of KMC and the landlords. If you have the license and the permits, than the demolition is illegal. You should consult with an advocate to proceed further.
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