Re-development of property
old property own by trust fail structural audit and suggested redevelopment .. still trusty's delaying it since 4 years .. we 120 tenants are leaving in very fearful situation.. so many phone calls and correspondence done by committee members but they not replying any quires.. only assuring us the they are about to open a tender of the property redevelopment coz its a trusts property but till the date no actions occurs. one builder approaches to tenet and 70% consent with him still trustys are not doing it.. kindly guide me on the same
The main motive of creation of trust is to look after the needs of the beneficiaries this goal cannot be accomplished if the trust property is destroyed in absence of much needed structural redevelopment. The trustee is responsible for the maintenance of this old property, they have the title and they owe their fiduciary duty to all 120 tenants to preserve it. Section 15 of Indian Trust Act, 1882 lays that a trustee should take as much care of the trust property as the man of ordinary prudence would. In addition to this you tenants being the beneficiaries have the right to compel your trustees to perform any particular act of his duty as mentioned in section 61 of the same act. So you can legally compel your trustees to carry out the necessary repairs in order to maintain the very sustenance of the buildings. Failing which you can file a petition for discharge of the trustees under section 71(6).
In addition to this you haven’t mentioned your residential address so we are unaware of your state but in Mumbai, if the building Owners /Society, consistently fails to carry out all the repairs and restorations highlighted in the Structural Audit Report, then the BMC is empowered to conduct the repairs and restorations, on its own and recover the cost of such “repairs and restorations” from the building Owner /Society. Failure to carry out relevant repairs by the Society, would also lead to revoking of “Occupancy Certificate”, of the building, thus leading to double the water charges u/s 92 of the BMC Act. The BMC is empowered to file prosecution u/s 488 of the MMC Act and levy Penalty, for failure to comply with the repairs, mandated in the Structural Audit Report. Criminal proceedings under Indian Penal Code can also be filed on the Managing Committee members, for their deliberate failures and endangering the Life and Property of the building residents.
Sir, yours is a matter for urgency as it can be inferred that your abode has been dilapidated to such an
extent that it is barely inhabitable. The main purpose of a structural audit is to judge the structural
rigidity of a building and to save life and property in case of damage. As it has been four years since the
building has be proven weak by the audit it has become the duty of the trust to redevelop it.
In this regard you and the other society members are advised to file a suit in the nature of permanent
injunction under the Civil Procedure Code before a Judge of Civil Jurisdiction. Injunction is a court order
that compels a person to do a specific act to safe guard the rights of the Plaintiff. This suit must contain
a prayer requesting the court to act against the trust and order them to initiate process for
redevelopment to safeguard your Right to Shelter.
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