‘First verify the project viability’
Answers on specific queries on redevelopment and co-op housing society matters
We have a property in prime location just opposite Lion gate for redevelopment. The plot area is 4505.88 sq mtrs, constructed carpet area occupied by tenants/ occupants approximately 80000 sq. Ft, number of tenants/occupants is 154. All tenants/ occupants are ready n have consented for redevelopment. We have formed a society and have got it registered in 2004 as 'Great Western Buildings Tenants CHS Ltd' We tenants are looking after the day to day maintenance and repairs of the buildings, which are perhaps the oldest in the city of Mumbai constructed in 1716 and onwards. These buildings have lived their lives and cannot be sustained further, they need redevelopment very badly. A number of developers are interested to redevelop them but the landlords are demanding exorbitant price for the land hence the project is not getting through. Please help and guide us to resolve our issue amicably benefitting the landlords, tenants and developer.
You are advised to appoint a project management consultant or an architect to verify the viability of the project and also consult a property advocate who will investigate the title documents and guide you to obtain the conveyance of land and building either through the court or under deemed conveyance. Normally a housing society cannot be registered without proper agreement/ consent from the land owners to give the ownership rights of land and building to the society within months of its registration. In case you have lease rights, the consent from landlord may be required to redevelop the building as per the terms and conditions mentioned in the lease deed. In case your land owners do not co-operate, you can move before the appropriate court to compel the land owners to grant the conveyance or required NOC for redevelopment of the building.
Our society is going for redevelopment; our area is 175 sq ft carpet. Is there is minimum or maximum area we should demand? What is the minimum area for SRA?
For SRA redevelopment, the existing occupier of the slum will get 269 sq feet carpet. This is the minimum area which every occupier should get in the redevelopment building undertaken under SRA. The flower bed, dry balcony etc may be given as additional incentives as may be approved by the planning authority.
We are a small co-op society of 23 flats at a very prime locality in Chembur (E), facing the golf course, which attracted many reputed developers in the last 11 years. Most of the members are 65 plus. The project is stalled at a very advanced stage by the developer i.e. after allotment of flat number and even floor to each eligible member in June 2011. And members were supposed to vacate for 24 months by September 2011. There was only one video recorded meeting held at the golf club, convened and paid for by the developer. It seems the developer has conveyed that it will be possible to take up the project now by end of 2012 or beginning of 2013. Further, members understand that the developer says that the society now should apply for necessary sanctions with BMC.
Unless and until we get to study all the documents related to the project, it is difficult to offer any expert advice. It is true that once a developer is appointed and development agreement is executed, the same cannot be cancelled without the consent of the developer. From your question, it appears that the developer is not interested to cancel the transaction.
In case, the society decides to cancel the same at this stage by giving proper legal notice, the developer may move before the appropriate court and ultimately, both the parties need to represent their side before the court for its verdict. You can ask certain details from the developer and also under RTI, you can get the information from BMC whether the building plan has been submitted for approval etc. You can also collect signature from at least 20% of the total members of your society to call a requisition special general body meeting (SGM) to be addressed to the committee with a copy to the registrar. Within one month of making such requisition, the committee has to call the SGM to discuss and decide on the agenda items. In case, they fail to do so, you can report the matter to the registrar, who will appoint an authorized officer to conduct the SGM and decide on the matter.
Answers on specific queries on redevelopment and co-op housing society matters
We have a property in prime location just opposite Lion gate for redevelopment. The plot area is 4505.88 sq mtrs, constructed carpet area occupied by tenants/ occupants approximately 80000 sq. Ft, number of tenants/occupants is 154. All tenants/ occupants are ready n have consented for redevelopment. We have formed a society and have got it registered in 2004 as 'Great Western Buildings Tenants CHS Ltd' We tenants are looking after the day to day maintenance and repairs of the buildings, which are perhaps the oldest in the city of Mumbai constructed in 1716 and onwards. These buildings have lived their lives and cannot be sustained further, they need redevelopment very badly. A number of developers are interested to redevelop them but the landlords are demanding exorbitant price for the land hence the project is not getting through. Please help and guide us to resolve our issue amicably benefitting the landlords, tenants and developer.
You are advised to appoint a project management consultant or an architect to verify the viability of the project and also consult a property advocate who will investigate the title documents and guide you to obtain the conveyance of land and building either through the court or under deemed conveyance. Normally a housing society cannot be registered without proper agreement/ consent from the land owners to give the ownership rights of land and building to the society within months of its registration. In case you have lease rights, the consent from landlord may be required to redevelop the building as per the terms and conditions mentioned in the lease deed. In case your land owners do not co-operate, you can move before the appropriate court to compel the land owners to grant the conveyance or required NOC for redevelopment of the building.
Our society is going for redevelopment; our area is 175 sq ft carpet. Is there is minimum or maximum area we should demand? What is the minimum area for SRA?
For SRA redevelopment, the existing occupier of the slum will get 269 sq feet carpet. This is the minimum area which every occupier should get in the redevelopment building undertaken under SRA. The flower bed, dry balcony etc may be given as additional incentives as may be approved by the planning authority.
We are a small co-op society of 23 flats at a very prime locality in Chembur (E), facing the golf course, which attracted many reputed developers in the last 11 years. Most of the members are 65 plus. The project is stalled at a very advanced stage by the developer i.e. after allotment of flat number and even floor to each eligible member in June 2011. And members were supposed to vacate for 24 months by September 2011. There was only one video recorded meeting held at the golf club, convened and paid for by the developer. It seems the developer has conveyed that it will be possible to take up the project now by end of 2012 or beginning of 2013. Further, members understand that the developer says that the society now should apply for necessary sanctions with BMC.
Unless and until we get to study all the documents related to the project, it is difficult to offer any expert advice. It is true that once a developer is appointed and development agreement is executed, the same cannot be cancelled without the consent of the developer. From your question, it appears that the developer is not interested to cancel the transaction.
In case, the society decides to cancel the same at this stage by giving proper legal notice, the developer may move before the appropriate court and ultimately, both the parties need to represent their side before the court for its verdict. You can ask certain details from the developer and also under RTI, you can get the information from BMC whether the building plan has been submitted for approval etc. You can also collect signature from at least 20% of the total members of your society to call a requisition special general body meeting (SGM) to be addressed to the committee with a copy to the registrar. Within one month of making such requisition, the committee has to call the SGM to discuss and decide on the agenda items. In case, they fail to do so, you can report the matter to the registrar, who will appoint an authorized officer to conduct the SGM and decide on the matter.
Hello
ReplyDeleteI'm a student of architecture and studying the Great Western Building for my thesis.
Trying very hard to get in touch with someone who could provide with some information about the building.
If you could help me would be great. (bulchandani.lavina@gmail.com)