Hello Experts,
The building I am living in is going thru redevelopment, We along with 4 other members have a closed garage. There is no mention of the garage in the original society plan from over 40 years ago and no FSI was consumed when the garage was built. The builder has signed agreements with owners for the sale of the garage and few garages have changed hands over the years with property tax paid and registration done with the BMC authorities. Some garages are running commercial services and the society has given NOC 30+ years ago. Some garages pay commerical property tax and all garages have commercial meter from Reliance Energy.
The builder is refusing to give full 100% carpet area to the garage owners and instead offering some token compensation in terms of additional area in the new flat.
Is there a precedent where such a case has been succesfully argued in the courts with the judgement in favor of the owners ? What do the legal experts have to opine on this matter.
We are planning to engage a lawer in Mumbai however I came across an previous article here which taked about full 100% compensation to the owners however the FSI detail was missing in the question. IMO 30/40 years ago, no FSI was consumed by the garages however I would like experts to comment on that matter. https://www.lawyersclubindia.com/experts/Closed-garage-compensation-in-building-redevelopment-258586.asp#.VpNZeca9KK0
Thank you in advance.
Rajesh T
