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bomneedhelp77 (owner)     18 August 2022

Value of easement rights during property redevelopment

Our building is going in for redevelopment with another building. Plot areas of both buildings is the same but we have exclusive easement rights to an additional 30% of the area. We are being offered flats of the same are as the other building. We are expecting to be compensated with flats of larger area than the other building. The builder is not willing to give in to our demands. Can this matter be brought before the court ? Are there precedents where the court has made a ruling that existing flat owners must be given flats proportionate to their plot area ? Experts please advise.


 2 Replies

Dr J C Vashista (Advocate)     18 August 2022

The builder has to abide by the terms and conditions of redevelopment agreement, accordingly show the agreement / specifications / sanctioned plan to a local civil engineer and a prudent lawyer for better appreciation of facts, raise deviations / discrepencies (if any) and professional advise for necessary proceeding.

P. Venu (Advocate)     18 August 2022

Yes, any suggestion depends upon the terms of the Redevelopment Agreement.

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