rocky alive 05 July 2023

Pagdi demolished building c1 - tenant rehab query ( mumbai )

Respected Experts

pagdi building demolished after receiving C1. Before demolition , BMC has given individual area certificate to each tenant with exact measurement . Now landlord wants to redevelop and landlord is assuring the same area as mentioned in area certificate . But tenants want extra area . The plot being very small it is not feasible for landlord to give extra area . So landlord is willing to give in written agreement that same area shall be offered . But tenants not giving consent . Hence further formalities for redevelopment are stuck . Is there any provision that landlord can submit / keep aside the tenant area as security to bmc and get permission to redevelop .

Please advise . Kind regards

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Quick Summary

A landlord in Mumbai is facing issues with Pagdi tenants after their C1 demolished building is set for redevelopment. While the landlord offers the exact carpet area as certified by BMC, tenants are demanding extra space, which isn't feasible due to the plot size. The landlord seeks advice on how to proceed with redevelopment when tenants refuse consent, especially regarding tenant area security to BMC. Expert advice suggests tenants cannot legally demand more carpet area but can claim rent for transit accommodation.

2 Replies

Siddhi 05 July 2023

You can not demand more carpet area as per law. Ask for rent for transit accommodation till you're rehabilitated in redeveloped building.

Jigar Gor 02 June 2025

DCPR 2034 Law Section 33(7) reserv rights for minimum carpet area of 300 sq ft + Fungible FSi + 5% carpet area incentive. The landlord and/or developer has benefit of constructing premium free 50% of rehab carpet area which is saleable above and over the FSI. This helps developer to recover rehabilitation losses (if any) for rehabilitation. This is covered under the maharashtra rent act.