Redevelopment matter
amol
(Querist) 15 September 2013
This query is : Resolved
May i Know under which Sec of BMC /BPMC or Which Law or Act the BMC has to give hearing to the Developer before cancellation of an IOD issued in his favour and before issuing another IOD in favour of newly appointed Developer BY Society by plying a Fraud ?
Can BMC cancel an IOD merely by putting an Endorsement on the same ? if not what is the procedure for cancellation of IOD please give the Sections of Laws applicable with this regard.
sirs Please Guide
M V Gupta
(Expert) 16 September 2013
IODs are issued in the name of the owner of the property. Hence if the owner wants to change the Developer, he can do so by revoking the Development Agreement and IPOA given to him. BMC does not come into picture.
amol
(Querist) 17 September 2013
Sir i think i have not made very clear about my quarry
Sir above referred is a Redevelopment matter of Mhada buildings under 33 (5) DCR
So once a eralier developer who obtained the consent anf exected individual agreements with tenants his agreement was terminated illegally and thereafter his without giving hearing to the earlier Developer his plans are cancelled IOD was also cancelled and New fresh IOD was issued to newly appointed Builder by the Society.
SO my Q is under which section of BPMC act hearing should have been given to the earlier Developer before cancellation if his Sanctioned PLans and IOD ? PLease Guide in detail thanks
