Harried Mumbai Port Authority tenants see hope after meeting with Sonowal

Mumbai: Over five lakh tenants of Mumbai Port Authority (MbPA), earlier known as Mumbai Port Trust, may be seeing light at the end of the tunnel, hoping for a resolution of their long fight over tenancy rights and renewals.
On Friday, the tenants accompanied by their legal representatives, shared their grievances with Sarbananda Sonowal, union minister for ports, shipping and waterways, in the presence of MbPA chairman Rajiv Jalota. The meeting was organised by Rahul Narwekar, speaker of the legislative assembly, and former BJP corporator advocate Makarand Narwekar. At the meeting they requested policy changes to alleviate their hardships.
In response, the minister asked them to present a fresh proposal in 15 days, along the lines of a “compromise formula” arrived at in 1994 over tenancy rights. This decision offers optimism to 10% of the city’s population from Colaba to Wadala.
So, what have been the tenants’ grouse?
Pervez Cooper, a tenant of MbPA, who felt the meeting was a “most positive” one, said: “There are many issues here – the misuse of Public Premises Eviction Act (1971), mandated to be used against government employees overstaying at government bungalows and premises is one.” He explained the act was being imposed on helpless tenants, “who have been residing for generations together”. They were being issued eviction notices by MbPA stating breach in leave license agreement. Cooper added that some tenants are also known to have been charged heavy rentals which are not affordable. “What’s more, they are demanding arrears in the hiked rents from 2012. A common man residing from Wadala to Colaba will be left with no roof above his head,” he said.
Cooper was evicted from his commercial premises at Ballard Estate in 2015. He resides in a flat in Colaba that belongs to MbPA. He said while MbPA has not yet started evicting people from residential buildings, they have done so from two commercial buildings – Nazir building in Ballard Estate occupied by 60 tenants, on May 28, 2015; and 93 tenants who were asked to vacate their homes from Gokulesh building at Carnac Bunder on March 31, 2018, in an hour’s time.
“Tenants of residential buildings who got eviction notices moved court. Now, we have to sit with members of associations from Wadala to Colaba along with those renting commercial establishments to draw up a policy that will benefit everyone. We want a permanent solution so that the sword doesn’t hang on our heads till eternity. Nobody can afford the exorbitant rent. Even the railways and collector put a hike of 0.25% during renewal of lease on their land. Why is Port Trust not being pro-tenant and hurting our pockets,” he said.
He underlined MbPA had hiked the lease rent to an astronomical and unaffordable at ₹2 lakh per month, which was earlier only ₹2,000; “it makes matters worse when people are expected to pay up retrospective from 2012”.
“Around 500 residents moved court when they received the rent receipt in 2016. The matter regarding renewal of leases is also in court,” added Cooper.
Advocate Makarand Narwekar said MbPA tenants’ issue was a long-pending one. “In 1994, a compromise formula was derived for MbPA where government and tenants arrived at a resolution. We plan to work out a new formula on those lines. It is a positive step forward since we are all aware that the law will have to be amended for any permanent solution,” said Narwekar. “The fact that the shipping minister has agreed to a compromise formula like the way MbPA did in the past is a welcome move. If this goes through, tenants will have nothing to worry for the next 20 years.”
Advocate Prerak Choudhary, who was also in the meeting, told HT that in the recent past, his chamber has received over 800 matters from various tenants/ lessees of MbPA seeking relief “due to some or other adverse action taken by MbPA”.
He called Friday’s meeting a “good start” to find a workable solution. “In the next few weeks, Rahul Narwekar has assured another meeting, probably in Delhi, to discuss compromise proposals which could lead to a win-win situation for both side.”
Despite several calls from HT to Rajiv Jalota, chairman of MbPA, he remained unavailable for comment.
What has vexed tenants
*Tenants are frustrated with the misuse of the Public Premises Eviction Act (1971), originally intended to evict government employees overstaying in official residences. Instead, they say, it has been unjustly imposed on vulnerable tenants.
*Non-renewal of leases.
*Rampant eviction action
*Policy paralysis, which translates to holding out land conversion scheme, amnesty or redevelopment scheme for tenants.
*Non-transfer of plots to legal heirs.
*Drastic enhancement of lease rents and making unreasonable demands.
*Not recognising the state rent control law.