I am a landowner who has entered into a Joint Development Agreement (JDA) along with GPA for development of my land (approximately 5+ acres) into residential and commercial components.
As per the arrangement, my share is around 39%, and part of my land (about 12.5 guntas) has already been utilized in the residential portion with an understanding that equivalent compensation would be provided in the commercial component.
However, I am facing multiple issues:
The agreement mentions that residential and commercial development should be undertaken simultaneously, but only residential development is progressing, while commercial development has not commenced.
There is no clear identification or allocation of my share in the project, especially in the commercial portion.
The developer is attempting to market/sell portions of the project through third parties without providing clarity or protection of my share.
There are concerns about delay, lack of transparency, and deviation from earlier representations made during negotiations.
Certain actions (such as planning changes and execution decisions) are being taken without my clear written consent.
I also have concerns about whether the developer has sufficient execution capacity to complete the commercial component.
In this situation, I would like expert guidance on the following:
What are my legal remedies as a landowner under a JDA in such circumstances?
Can I approach RERA for relief, and what kind of protection can I seek there?
Is it possible to seek an injunction to prevent sale or creation of third-party rights until my share is clearly secured?
Under what conditions can a landowner seek cancellation or modification of a JDA?
What precautions should I take before the developer proceeds further with the project?
Any guidance from experienced legal professionals would be highly appreciated.
