Cancellation of noc
Querist :
Anonymous
(Querist) 03 December 2018
This query is : Resolved
We are tenants in residential buildings. The property where we reside is a cessed property.
In the year 2007 a builder bought the property and wanted to redevelop the property.
As our property is in close vicinity of the Mazagon Dock, the builder is not getting NOC from Mazagon Dock for a high rise building(He wants to construct 22 storeys, whereas Mazagon Dock can give NOC for 7 storeys only).
So the builder is not able to do anything. We have asked MHADA to cancel his NOC several times but they do not cancel. Ten years have passed since he obtained NOC.
As he is our landlord also, we do not know what we will achieve by cancellation of his NOC.
If his NOC is cancelled, we can appoint a new builder, who may be ready to construct 7 storey buildings. But what about the fact that he is our landlord also? Please help.
Kishor Mehta
(Expert) 04 December 2018
The property can be redeveloped only with the consent of the landlord and the tenants. However the tenants do not have a right to appoint a developer. That is the prerogative of the landlord.
Dr J C Vashista
(Expert) 04 December 2018
Anonymous author is not obliged by experts as per rule of this platform.
Kumar Doab
(Expert) 04 December 2018
Pls don’t post as AQ and post with your ID and you can get many responses.
Your ID does not mean your email id or phone number etc and don’t post these.
Before attaching any document erase all names, logo, email id, phone number, address etc to maintain confidentiality.
Obtain proper legal opinion in writing from LOCAL counsel specializing in concerned field of law.
Kumar Doab
(Expert) 04 December 2018
You have posted that;
“We are tenants in residential buildings. The property where we reside is a cessed property. In the year 2007 a builder bought the property and wanted to redevelop the property. As our property is in close vicinity of the Mazagon Dock, the builder is not getting NOC from Mazagon Dock for a high rise building(He wants to construct 22 storeys, whereas Mazagon Dock can give NOC for 7 storeys only). So the builder is not able to do anything. We have asked MHADA to cancel his NOC several times but they do not cancel. Ten years have passed since he obtained NOC. As he is our landlord also, we do not know what we will achieve by cancellation of his NOC. If his NOC is cancelled, we can appoint a new builder, who may be ready to construct 7 storey buildings. But what about the fact that he is our landlord also? Please help.”
The stories above permissible limit may be demolished. So this is your interest.
Agitate undere expert guidance of a very able LOCAL counsel, if the need be.
In the beginning of query you have posted that Mazagon Dock is not giving NOC.So which NOC needs to be cancelled.
SHIRISH PAWAR, 7738990900
(Expert) 04 December 2018
