Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Demolition and redevelopment

(Querist) 18 March 2021 This query is : Resolved 
I am a resident of a pagdi system. 8 years back a builder had acquired 38% rights of the property. He immediately did a structural audit of the building and unfortunately, the building fell into C1 category and BMC issued us the demolition notice. It has been 8 years now that the building is still standing strong. We have had numerous battles in the various courts of Mumbai against the evil designs of the BMC and the builder but to no avail. Eventually, the builder is having the last laugh. The building will be demolished in a couple of weeks and we will be left with no shelter. The builder is showing his helplessness in not giving us the rightful rent and the extra area as per the law. Enter a new builder. He is ready to give us the extra area, as well as the rent, provided the title is clear. Here lies the biggest problem. My question is
1. Can a builder deny us the right to extra area and the rent?
2. Can we force the builder to give us rent and extra area even after demolition?
3. There are numerous landlords in the property. Except one, all the landlords are ready to settle their rights. Can we force the remaining one to relinquish his rights? And if not then what is the alternative?
4. Can one landlord stall the redevelopment plan if all others are in?
P. Venu (Expert) 19 March 2021
Redevelopment can be only on the basis of mutual consent.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now