Sra mumbai related
Hiren
(Querist) 05 July 2013
This query is : Resolved
I am resident of Mumbai. We the group 12 tenants live in chawl with owenership. Last year builder did declared our rooms as a slum. He started all the procedures of redevelopment. He has done with the land formalities (conveyance) without knowing us. Now, he is asking us to join in SRA project forcefully telling about 70:30 rule. Our chawl is at border of the builder's area and another landlord's land. That landlord wants to help us (as he has not yet joined the redevelopment project). Is there any way, so that we can escape from the builder? We have not yet signed any agreement or any document.
Raj Kumar Makkad
(Expert) 05 July 2013
You need not bow to the illegal desire of the developer rather make a tripartite agreement on settled terms of 60:40 ratio which is regarded as respectful agreement.
Hiren
(Querist) 05 July 2013
Sir, None of the 12 tenants want to join in SRA project. So what can we do? Can we tell builder that we are about to join another project of that landlord?
Raj Kumar Makkad
(Expert) 05 July 2013
If none other than you are ready to join then you have no other option to refuse this developer.
Hiren
(Querist) 05 July 2013
Even I dont want to join this developer. And all other 11 members are with me.
Raj Kumar Makkad
(Expert) 06 July 2013
So you al collectively refuse in writing to him and join the other scheme as per your whims and wishes.
ajay sethi
(Expert) 06 July 2013
if the 12 members dont agree for redevlopment builder cannot force you .unless th tenants agree there can be no redevlopment . you cant be evicted and thrown in the street .
Rajendra K Goyal
(Expert) 06 July 2013
Agree with the experts, without the consent of the tenants, the builder can not proceed.
Hiren
(Querist) 06 July 2013
He told us that, he can force using 70:30 rule. Then government only will throw us out of our house.
Raj Kumar Makkad
(Expert) 06 July 2013
The threatening has no value in the eyes of law. You can obtain stay order against such developer.
Hiren
(Querist) 06 July 2013
Hmm.. Thank you so much experts.. This forum has helped me alot. I was in tension from last 10days. But now m feeling better after your opinion. Thanks again..
prabhakar singh
(Expert) 07 July 2013
According to SRA norms, the slum dweller whose name appear in the voters list & who is actual occupant of the hutment is eligible for rehabilitation. Each family will be allotted a self contained house of 225 sq.ft. carpet area free of cost. The eligible slum dwellers appearing in Annexure II certified by the Competent Authority will be included in the Rehabilitation scheme. Eligible slum dwellers will be given rehab tenement .
prabhakar singh
(Expert) 07 July 2013
A full guide:
http://bombayhighcourt.nic.in/data/judgements/2012/OSWP252911.pdf
Hiren
(Querist) 08 July 2013
Yes sir, they are giving us 269 sq ft flats. But none of 12 members want to go for rehabilitation. We will go for that when our neighbour landlord plans for SRA. As he has always helped us and he can look for us in future, if there is any issue between builder and dwellers.
