Redevelopment of a tenanted building (paghdi)
Ritesh Jain
(Querist) 24 February 2011
This query is : Resolved
I am a tenant in a paghdi building. Our building is a Cess A building. The building originally consisted of 24 tenanted premises. In the past five years the bulidng premises has increased to 36 with some illegal constructions and with the permission of the earlier landlord. Out of the 36 premises only 11 people who are the actual holder of the 24 premises have not given consent to the Developer. The Developer has entered into a deed of Conveyance with the Landlord and got it registered. The Developer himself is the Landlord at present. I alongwith the other 10 tenants who have not given their consent to the Developer / Landlord are not against the development of the property. The Developer is not providing the same usable area to us. I currently own and use 890 square feet carpet area. Our demand is to provide the same area as we were using, but he is not ready to provide us with the same. i am aware of the law that maximum we are entitled to 753 aquare feet carpet area. The negotiations with the Developer started in the year 2008. He has also started the Development work of the opposite building but i think that the work has stalled as there are tenants who are still residing in the building and have got a stay as per the rumours but the work is stalled. he is the same developer and a new person in the market.
My question is:
1)what area are we entitled to get.
2)there is a new ruling to be passed regarding area above 753 square feet will get a minimum of 890 square feet or thereabouts.
3)What will be the 70% figure? will it be the 24 original tenants or the new 36 tenants.
4)the Developer is alos not giving a bank guarantee.
5)can we form a society with the remaining number of tenants.
M V Gupta
(Expert) 25 February 2011
If u are from Mumbai/ Maharashtra,the answers for your queries are as under:
Q1. You are entitled to get the area not less than the area you are holding as tenant.
Q2.No such rule to my knowledge.
Q3.The 70% will have to be calculated of the number of tenants declared to the MAHADA.(you have stated that your's is cessed building)
Q4. You have to insist not only for the Bank Guarantee but also for alternate accomodation for the period until the accomodation in the new building is given to u.There should be seperate and individual agreements between each of the tenant and the Owner/Developer and the construction contractor.
Q5. Yes. If all the remaining 11 tenants join in the formation of the Society. But it will be necessary for u to produce the Lease agreements or other proof of your tenancy for the purpose.
