Remember | Register | Forgot Password?
Bookmark This Page   RSS Feeds  Follow On Twitter

 

Search for Lawyers          
    



Please Wait ..


Discussion > Property Law > Real Estate > Slum rehabilitation authority, mumbai   Unanswered Threads Post New Topic

Pages : 1 2


There are 12 Replies to this message


Salehsalim


Proprietor
[ Scorecard : 33]
Posted On 09 July 2012 at 23:25 Report Abuse

Dear sirs,

I need some questions answered relating to SRA rules and law in Mumbai.

do you have any SRA lawyers who can advice ?

 

Regards,

 

Saleh Salim



Online certification courses IP, IT and Investment Law


Yogesh V Nayyar


Corporate Lawyer
[ Scorecard : 1857]
Posted On 09 July 2012 at 23:54 Report Abuse

Hello, Salim,

What are your queries?



Total thanks : 1 times


Salehsalim


Proprietor
[ Scorecard : 33]
Posted On 10 July 2012 at 13:47 Report Abuse

Dear Mr. Nayyar,

 

Many thanks for your response. My family owns a plot of land in Kurla Mumbai which has been declared a slum in May 2011. We are told that some elements are interested in taking over and developing the property without giving us our rightful dues. The property is also under litigation at the Mumbai High Court since August 2007.

Under the circumstances,:

  1.  Is it possible for any outsider to acquire our property for the purposes of Slum Redevelopment without obtaining NOC from us and without negotiating with us on how we, as owners of the land, can benefit from the redevelopment of the property ?
  2. On going through the SRA Act and rules we see that:
  3. the Owner should be given the first opportunity to develop the property. 
  4. in case some other entity wants to develop the property, the NOC from the ownder is mandatory
  5. also, the property should be free from litigation.
  6. Is it possible for just about anyone to bring about acquisition of the property with no regard to the rights of the land owner ?
  7. I am also told that in case of of acquisition of the property the owner only gets a very paltry sum and has pratcially no avenue for appeal. Is this true ?
  8. If so, does this not ammount to land grab ?
  9. How do we, as land owners, protect our rights ? As Indian Citizens do we not have the rights over our own property ?

I would be grateful if you could please provide me with some answers.

Regards,

Saleh Salim 



Yogesh V Nayyar


Corporate Lawyer
[ Scorecard : 1857]
Posted On 11 July 2012 at 10:43 Report Abuse

  1. Is it possible for any outsider to acquire our property for the purposes of Slum Redevelopment without obtaining NOC from us and without negotiating with us on how we, as owners of the land, can benefit from the redevelopment of the property ?

Ans:         No, it is not possible for an outsider to develop the property under SRA without procurring NOC from the Owner. The Owner has to form a society and accordingly submit the proposal to  Deputy Collector (Encroachments)  & SRA who decideds the eligibility of the slum dwellers and proposal is sanctioned.

  1. On going through the SRA Act and rules we see that the Owner should be given the first opportunity to develop the property.

Ans:         That, is right, the owners of the property has got first right to develop the property. If the Owner wishes to appoint a builder, then an agreement/MOU is executed between the builder and owner and the agreement.

Three types of SLUM REHABILITATION SCHEMES are permissible.

These types are as per the provisions of different sections of Development Control Regulations (DCR) under which they are approved.  viz.

*  under provisions of DCR 33(10) also called in-situ scheme

*  under provisions of section 3.11 also called PAP scheme

*  under provisions of DCR 33(14) also called transit scheme

 33.10 scheme

In the schemes approved under the provisions of this DC regulation, the slums are rehabilitated on the same site.

3.11 scheme

In the schemes approved under the provisions of this DC regulation, an owner of vacant unencumbered land can use it for construction of PAP tenements for which he is compensated by TDR for land and for construction.

33.14 scheme

In this scheme, the landowner is allowed to consume the existing FSI potential of the land, owned by him. The additional potential of 1.5 for suburbs, 1.66 for difficult area  & 1.00 for islandcity (only for government or public sector plots) is granted under this scheme.

The developer constructs transit tenements out of a prescribed part of this additional potential. The balance of the additional potential is allowed as free sale component.

Special Appendix IV dealing with slum rehabilitation schemes.

1. DCR 33(10) & 33(14) exclusively deal with slum rehabilitation.   
 
2. Incentive commercial FSI of 5% granted to the society of slum dwellers or an NGO if the project is run by them. 
 
3. One Balwadi and welfare center and society office each of 20.90 sq.mt areas is to be provided for every 100 rehab tenements or part thereof.

4. Area of Balwadi, welfare center, society office & common passage upto 2.0 m wide is allowed free of FSI in rehab building.

5. These areas and area of eligible religious structure, other social infrastructure like school, dispensary, gymnasium run by public authority or charitable trust as well as incentive commercial area in addition to FSI for rehabilitation tenements are termed as Rehabilitation component. 

6. Sale component equal to 0.75 times the rehabilitation component in city areas; equal to rehabilitation component in suburbs and extended suburbs and equal to 1.33 times the rehabilitation component in difficult areas is allowed. 

7. Maximum permissible FSI to be consumed at any site shall be restricted to 2.5 and balance can be claimed as TDR, to be sold in open market. 

8. Minimum density on plot shall be 500 tenements per net hectare.

9. All the activities existing in the slum even if non-conforming with the zone of the area shall be allowed to be relocated.

10. All reservation plots upto 500 sq.mt. in area under slum shall be cleared of slums and the slum dwellers shall be relocated elsewhere.

11. Plots reserved for non-buildable reservations and encumbered with slums shall be cleared if the area is less than 500 sq.mt. or they are encumbered to an extent less than 25%.

12. Special concessions in building requirements are granted. Viz. Relaxations in open space requirement; Relaxations in room size requirement.     

 

  1. in case some other entity wants to develop the property, the NOC from the owner is mandatory

Ans:   Yes, it is, unless the land is vacant land.

  1. also, the property should be free from litigation.
  2. Is it possible for just about anyone to bring about acquisition of the property with no regard to the rights of the land owner ?

Ans:   No, it is not possible to bring abour acquisition of the property with no regard to the rights of the land owner. IN recent case it has happened in the case of  Omkar Hitavardhak Co-op Hsg. Society, which is under challenge.

  1. I am also told that in case of of acquisition of the property the owner only gets a very paltry sum and has pratcially no avenue for appeal. Is this true ?

Ans:   The appeal lies with the Commissioner (Revenue).

  1. If so, does this not amount to land grab ?

Ans:   It does, but where Orders are there issued by Dy. Collector and SRA, without proper notice to the owner and without seeking sanction, where the property is not declared as dilapidated and permitted to be developed under Slum Rehabilitation Scheme, in such event, the act needs to be challenged.

  1. How do we, as land owners, protect our rights ? As Indian Citizens do we not have the rights over our own property ?

Ans:   If you do not wish to launch the scheme, then you can prefer suit before City Civil Court challenging the overt act of the builder.

 



Total thanks : 2 times


Salehsalim


Proprietor
[ Scorecard : 33]
Posted On 11 July 2012 at 12:54 Report Abuse

Dear Mr. Nayyar,

Many thanks for your detailed reply.

We are being threatened that Acquisition Proceedings by the State Government will be initiated against us by some interested parties and we will get "next to nothing" as compensation in case that happens and therefore we must accept the totally unacceptable terms offered by these interested parties.

Please let me know the likelihood the State Government acquiring our property for Redevelopment of the slum and handing the project over to a Builder of their choice who will be the interested party or their associate.

Regards,

Saleh



Yogesh V Nayyar


Corporate Lawyer
[ Scorecard : 1857]
Posted On 11 July 2012 at 13:26 Report Abuse

Dear Salim,

You need to approach the City Civil Court and seek injunction on the acquisition. Unless there is notice from the government in regard to the acquisition, the same is illegal.



Total thanks : 1 times


gogo master


prop
[ Scorecard : 22]
Posted On 15 July 2013 at 23:53 Report Abuse

Dear sirs,

I urgently needed some guidance on SRA project in mumbai.

1. Society formed on Govt, land slum and sra scheme get approved

2. Adjoining private slum land purchased by devloper and members get amulgumated,

3. No copy of plan, neither any AGM called till today nor any information about project plan  were provided by chief promoter/officr beares,

4. There are 3 SRA building are going to be constructed.

5. 2 bldgs are ready for possession for 130 PATRA / eligible members.

6. There are 230 eligible members wherein my no. on roll is 225

7. While amulgumatioon of both the slums ie. Govt. slum & Pvt. slum we have been orally told that all 50 members from pvt. slum will be accomodated  in one bldg,

8. But now chief promoter/officr beares had transferd 6 members out of 50 to bldg no. 2 without their knowledge.

9. These 6 members were neither informed for lottery in writing,

10.Now they have been ask to vacate their houses and shift to allotted flats.

10.  These members not want to shift.

kindly guide me in the matter.

 

Regards,

Mohan kewaa



kalim malik


owner
[ Scorecard : 22]
Posted On 26 September 2013 at 00:42 Report Abuse

Respected Sir,

       I want to Know what right on a slum declared private property (under SRA scheme) does a man have if he is paying N.A. Tax to the government since 1994, Area of the Property for which he pays the tax  is more than 1000 sq.ft.

       Also wish to know how can one claim eligiblity under SRA 3310 Scheme if the old sturcture of 1995 is bought by a person in 2000 or after that, the property is private and not govt property.  

waiting for the reply

malik



Farooq


AM
[ Scorecard : 22]
Posted On 24 November 2013 at 11:07 Report Abuse

Respected Sirs,

 

Need your expertise suggestion wrt my house which we got as per SRA act. Pleaes help.

 

Regards

Farooq Patel



Jyoti Borade


Product manager
[ Scorecard : 24]
Posted On 13 January 2014 at 14:33 Report Abuse

Sir,

I am a resident staying at Worli near century bazar, our entire area is gone for redevelopment. I have one room there , my room was earlier on my father's name which we have bought prior to 1995, due to my fathers death we have transferred the room to my name. But now it is coming to be noneligible & the reasons stated is that bcoz it is being transferred to my name.The builder is telling all noneligeble people will not get the room.

Please help me in knowing the legal things & also let me know whether i will get the room or not as per SRA scheme.

We have all the papers of room purchased & also releated to transfer

Regards,

Jyoti





Previous Thread
Previous
Next Thread
Next

Related Threads


Post your reply for Slum rehabilitation authority, mumbai



Your are not logged in . Please login to post replies

Click here to login


Not a member yet ?? Click here to signup

Message







    

  • This is a public forum. Avoid posting content which you do not wish to disclose in public.
  • Use thank button to convey your appreciation.
  • Maintain professionalism while posting and replying to topics.
  • Try to add value with your each post.





Subscribe to the latest topics :


Forum Home | Forum Portal | Control Center | Who is Where | Popular Threads | Today's Topic | Recent Posts | Today's Posts | Post New Topic | Thread With Files | Top Threads - Month | Unreplied Topics | Forum Stats


web analytics