Government Circular dt. 03.01.2009 for Redevelopment of Housing Societies

Directive under Section 79(A) of Maharashtra Co-operative Societies Act 1960 to all the Co-operative Housing Societies in the State of Maharashtra.

Regarding Redevelopment of Buildings of Co-operative Housing Societies

The following directive be termed as “Directive for Redevelopment of Building of Co-operative Housing Society”

Salient Features :

1. Requisition for convening Special General Body Meeting for Redevelopment of Society’s Building

2. Convening Special General Body Meeting

3. To accept written suggestions from members relating to redevelopment of the building

4. Decisions to be taken in the Special General Body Meeting:-
5. Providing minutes of Meeting to all members
6. Issuing Appointment Letter to the Architect / Project Management Consultant
7. Work to be done in the initial stage by Architect / Project management consultant
8. Action to be taken on receipt of redevelopment Project Report
9. Preparing List of Bids Received
10. Selection of Developers

11. Agreement to be entered into with Developer
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Mhada makes Dy. Registrar NOC must in redevelopment

In order to check corruption, the Maharashtra Housing and Area Development Authority (Mhada) has decided to make it mandatory for cooperative housing societies to procure a noobjection certificate (NOC) from the deputy registrar of the cooperative department for redevelopment projects. Join us on Twitter | Join us on LinkedIn | Join us on Facebook A senior official said, “Unless, the NOC is received, we will not process any file pertaining to redevelopment projects. The decision has been prompted because of allegations and counter-allegations made by those involved in redevelopment projects. This will ensure that the names of Mhada officials are not sullied because of internal disputes within the housing society.’’

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Tenants can demand more space from builders

Tenants, housing society members and slum-dwellers can now demand more spacefrom builders redeveloping properties. Amendeddevelopment control rules (DCR) approved by the state government last January grant 35% compensatory floor space index (FSI) free to the rehab component of the redevelop-ment project. But it is not known if the builder or flat owner will have to pay for the additional space.

Among the beneficiaries could be tenants living in the over 16,000 old and dilapidated cessed buildings in the island city. Tenants are currently entitled to 300-700 square feet houses free when their buildings are redeveloped. But if the flat is larger than 700 sq ft, builders provide an equivalent area to the tenant in the redevelop-ed property.

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What a consumer can do for delayed deliveries of Flats

What are your options?

… The point is, as an aggrieved buyer, you should not wait for either the builder to take the code seriously or fast-track the execution of his project just because he has to follow a code. In the following pages we tell you what your options are while taking on the builders to demand what is rightfully yours, and also how individuals and groups are doing it across the country.

To know your rights as a buyer you must understand the obligations of the seller. According to Section 55 of the Transfer of Property Act, 1882, the seller is bound to:

–> answer all the relevant questions put to him by the buyer about the property or its title.

–> provide to the buyer all the documents related to the property that are in his possession or power.

–> disclose any material defect in the property or in the title about which he is aware, but the buyer is not.

–> execute a proper conveyance of property when the buyer tenders it to him (after payment of due amount) for execution at a proper time and place.

–> to take care of the property and all relevant documents in his possession between the date of sale and delivery just as an owner would.

–> pay all public charges accrued in respect of the property up to the date of sale .

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Five-star judgment

Subject: Hotel liable for injury suffered by the guest due to defect designing of rooms.

Backdrop: Here is a unique landmark judgement, where a five star hotel has been held liable to compensate its guest for the injury suffered due to faulty designing of its room.

Case Study: For accommodating the invitees to his wedding in Goa, Siddhartha Bhimrajka had booked several rooms in Park Hyatt Goa Resort & Spa, a five-star hotel belonging to Blue Coast Hotels and Resorts.

Negligence means a breach of duty to exercise due care expected of a reasonable prudent person. It is common knowledge that the slightest wetness on a polished marble floor or on a slanting polished floor is extremely dangerous. The hotel ought to have foreseen that the faulty designing of the bathroom could lead to an accident, but had been negligent in this regard, thereby entitling Vijay to claim compensation.

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Property redevelopment: Dark clouds ahead

Eight months ago, there was hope that much of dilapidating Mumbai would get a facelift and be redeveloped. Today, the scenario is worrisome.
Thanks to the Adarsh building scam, no files for redevelopment are being cleared. The absurd (often collusive) application of discretion and permitting garage parking inside individual apartments even on higher floors, free of Floor Space Index (FSI) norms had to be cancelled once investigations into real estate scams were ordered by India’s courts.
As a result, tenants and owners who were moved out of their premises with a promise of being given back a better home after redevelopment, continue to be kept out, with no clear date for re-possession of their premises.
Many old buildings in urgent need for repairs remain precarious places of dwelling.

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Maharashtra tackles redevelopment head-on

A new law being mooted by the state government could well qualify it to become the official enforcement agency working for the city’s developers.

The proposed law, which is being introduced under the garb of conveying the government’s seriousness “to prevent deliberate derailment of redevelopment projects by opportunists”, will be used to coerce unwilling tenants and society members into signing up for redevelopment projects.

“Members who are in a minority will be dealt with firmly. The new act will have a provision that will allow deploying of a special police cell to bring reluctant parties to the table and investigate if there is any merit in their anti-redevelopment argument,” said minister of state for housing Sachin Ahir, adding that, “If there is no good reason then they will have to sign up and they will be evicted under Section 95-A to make way for the project.”

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