Hello ,
We are group of 80+ peoples suffering issue from Eiffel Developer regarding our plots at Nere Dattawadi Tal-Mulashi Pune. I am asking your guidance on how to proceed on bellow matter.
Bellow is email communication between me and one of lawyer
Hello Sir
- Get Sale/Lease Deed Completed
- Registration process completed for those whoes status is Agreement to Lease or Sale.(Lease Deed/Sale Deed) or convert existing lease deed to sale deed.
- Adding name on 7/12 as owner or lease holder or other formalities in order to get sale deed completed.
- Possession of our plots
- Stop them form miss using of our F.S.I. & Area (Collect information form R.T.I. on this township for F.S.I. & area) Also for future they are not misusing increased F.S.I. on our plots
- Others
- Society formation
- Get promised amenities completed (Consumer court)
Draft Agreement.doc Draft agreement is soft copy of my agreement . Which is new agreement done in dec-2011. They have promised this plot will get included in township
1. Why all plots are not included in proposed township? (Survey No 40 & Phase 3 & plots)We want to make sure that they are not using our Area or FSI for their township
As our plots sizes are near about 30% to 33 % with 1% F.S.I. meas we will get 0.33 F.S.I.
(On verbal they have promised to give us 0.5 F.S.I on agreement area. They said that as per current township rules we will get 0.5 F.S.I. e.g if any one has 4000 Sq/ft he will get 2000 sq/ft F.S.I. Also they said that in future we will get increased F.S.I.)
In xrbia-hinjawadi-project.pdf
they have specified 50% F.S.I for entire land On Page 26 of xrbia-hinjawadi-project.pdf
they have mentioned F.S.I. for entire township is 1.33 But they have given 1 F.S.I. for our 33%plot size.
Area shown on map is near about 33% it should be 100% and we should get F.S.I. on 100% area.
Also we want to understand meaning of
Collector document has following point in Note section of Page 26 bottom left table
“Green space is to be retained in the ownership of company & shall be free from encumbrance, non-salable land, and non-buildable land and to be kept permanently open to general public”
We want this confirmation from builder on legal paper
“Green Space & Open Space (50%& 10%) is to be retained by Plot holders(Me) & this space is non-buildable but not open to general public”
“Owners have all exclusive rights to use 100% area mentioned in agreement and can sale this 100% area in future”
2. Why layouts of XRBIA are diff in the township planning vs the original silicon city layout?
https://www.puneproperties.org/
silicon-city-residential- project-at-hinjewadi-pune/ We want a draft letter form you so that we will file case in consumer court for all group members.
We paid 10/11% extra over and above the plot cost as development charges.
About water connection Sunil said that after construction of u r house you will get water connection at our plot not before that. We asked we need written confirmation.
Means we have to construct our house either by water tanker or from boring.
About electricity connection: He said that they will provide few DP at particular locations from that location we have to take electricity.
So we asked how many DPs they are providing or what will be distance between two DP’s?
At start he is not giving any assurance but after some time we asked this to confirm from your authority.
About Road: We said many roads are not in good conditions.
About Name board: He said that they are giving plot numbers on plat not Name.
In our agreement they have mentioned name board.
About Street light: He said that they are providing street light for all area but step by step.
Again not sure when?
6. Why company is charging maintenance charges, when there are no amenities provided yet, though we have paid for those?
7. From which date we can start construction?
8. What will be FSI for our plots? Please take one example and explain in detail.
13. It is specifically agreed and understood by the Purchaser/s herein that currently the said plot is in agriculture zone and is a farmhouse plot with permissible FSI but the vendor intend to sanction the said land along with other lands under Govt. Notification of Special Township or and in that event the Purchaser/s shall not take any objection what so ever to the introduction of such new scheme and further agrees to abide by the rules and regulations of such new scheme as aforesaid and the Purchaser/s herein have/has given their irrevocable consent for the same. It is further agreed that in case of the introduction of such new scheme this private layout will get converted into plinth layout wherein definition of the said plot will automatically change into the said plinth along with the exclusive right to use, occupy and enjoy the portion of land surrounding the said plinth which will be called as the “said premises”. Also the surrounding space in such premises can be shown as open area as required under and as per the rules and regulations of the Special Township Planning Scheme (an area of 50 % land in the Special Township shall be kept open) and the Purchaser/s shall not take any objection for the same and shall ratify the act of the Owner unconditionally. Also the Owner shall be entitled to use, sell the additional FSI/TDR received from such new scheme over the said premises.
They said that they have added this point just for their safer side.
But I don’t think so this point is just for builder safer side. It has proper meaning but they are not giving details on this point.
So we also asked all things as written just for our safer side.
1. "exclusive right to use, occupy and enjoy the portion of land surrounding the said plinth which will be called as the “said premises”."
exclusive right to whom? the builder or the owner..if the owner the 50% open space will be inside your boundary wall and if builder then it will be outside....
2. "and the Purchaser/s shall not take any objection for the same and shall ratify the act of the Owner unconditionally." means you will not be able to sell that 50% piece of land in future and it will be deemed as non salable..and you can sell the FSI for that plot...
3. Now for the ones that are thinking of building there after 4-5 years, It matters that 50% of open space is inside their boundary even though they cannot construct so that they have garden space and can construct a 2 storey bungalow there...
But as per township rules there is no such limitations. We all think they are putting their own limitations. Using our area or FSI for their buildings
We want township documents which has all these points abt FSI & all rules in it.Special township policy act of Maharashtra
https://www.regionalplan-mmrda.
org/N-Modifications.pdf Please go through the document and share your understanding about FSI usage in township and how that can affect our plots.
4. For those with investment perspective, it also matters to them that open space is inside the compound wall so that at least they can sell the FSI as they will not be able to show this 50% space in their agreement as it will be deemed as non salable....
