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Frank (FM)     13 May 2013

Redevelopment

Hello Friends,

 

We need your help

Our society is going for redevelopment, After several years of discussions,all members of society  had given our consent for redevelopment. Recently we were alloted flats . There was no discussion on the subject of allotment of flats and it was done arbitarrily by a few members. It was clear that the some members who had links to the developer  had got the best posisble floors and flats. When a few  members questioned the process of allotment, there was no response from the developer or the office bearers of the society. When the agrrieved members told the office bearers that they will not vaccate the premises till their grievances are heard, they  were threatened by some members and told that the society will discoonect the water supply and electricity  and throw their furniture out if they dont vaccate the building for redevelopment. They also threaten us that a few members cannot do anything if the majority has accepted the allotment.

 

We need your help on the following

 

1) Does the law in maharashtra provide for a process for allotment of flats in case of redeveopment

2) What are the guidelines

3) if the process is not followed ,then what is the legal remedy available to u

4) If some members are giving a threat to  discoonect the water supply ,electricity and throw our belongings out if we dont vaccate the building for redevelopment, can the society do this ? and what is the legal  remedy available to us for this

The agrrieved members are all sixty plus retired people and they are being intentionally  victimised .Pls revert back urgently as we need your help urgently.



Learning

 3 Replies

SAA_Bombay (Pro)     13 May 2013

The very first thing is to appoint a legal advisor / advocate, issue a notice to MC. Each members need to first undergo a Individual Consent Agreement, followed by Redevelopment Agreement signed between your society & your developers. Your developer has to obtain CC before you vacant your house. Any developer going for redevelopment has to submit the plan, documents first. He need to submit bank gaurantee worth 20% of total project cost. Developer needs to complete some formalities with govt. has your developer done so? no one can push you out. lodge a police complaint against MC members, if complainent, is senior citizen, will be more beneficial to you. Do not discuss orally with MC, write letter. Ask to produce a proper minutes of meeting in which redevelopment decision was taken.  

Please note one thing. if once you are out of house, you will start facing trouble. Developer will not pass on rent to you timely, MC member will not comply your documents properly etc etc.  Redevelopment idea was thought for beneficiary & reconstruction of area & City, but due to corruption in our country, once poor face problems.

Glenn (CEO)     13 May 2013

Also as per GR regulation 3 Jan 2009 , sec 79a by gov of maharahtra you need to appoint a redevlopment pmc who guides you through the complete procudre , check https://www.redevelopmentpmc.com for more details out society is using their services

JAYESH CHOKSI (ASST MANAGER)     26 July 2015

SIR, OUR SOCIETY HAS UNDERGONE REDEVELOPMENT.THE PROCESS HAS STARTED IN DEC 2011. THE MC HAS GOT PASSED THE DEVELOPMENT AGREEMENT IN AGM IN DEC 2014 WITH MAJORITY AS DEC 2014 WAS LAST DATE. FINAL DRAFT COPY IS RECD. BY US IN MAR 2015 AND THEY INFORMED THAT THEY HAVE SIGNED THIS AGREEMENT WITH DEVELOPER. STAMP DUTY IS STILL NOT PAID BY DEVELOPER AND NOT FINAL PLAN COPY IS NOT APPROVED BY MCGM AS ON TODAY JULY 2015. THE MANAGING COMMITTEE TERM HAS EXPIRED IN AUG 2014. THE OFFICE BEARERS TOLD THAT THEY HAVE BEEN GIVEN EXTENTION UP TO DEC 2014. LATER ON THEY INFORMED THAT THEY HAVE BEEN GIVEN EXTENTION TILL JUNE 2015. CAN THEY EXECUTE DEVELOPMENT AGREEMENT AND IS IT VOID OR NOT. WE ARE YET NOT GIVEN CERTIFIED COPY OF DEVELOPMENT AGREEMENT ON THE GROUND IT IS UNDER ADJUDICATION . IS THE DEVELOPMENT AGREEMENT ENFORCABLE AT LAW OR VOID THE CO OP DEPT CIRCULAR DT 26/FEB 2013 STATES THEY CAN CARRY ON ROUTINE WORK BUT NOT MAJOR DECISION BE TAKEN BY M/C

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