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mukesh (partner)     13 September 2024

Redevelopment

I am staying in a building which was constructed in 1962. At that time the land belonged to one trust who divided the plot into 3 parts one plot in front of us facing sea and one adjustant to us. To avoid any dispute among three  plot holders one mutual covenant was made at that time  to safe guard interest of all three parties. About ten years before, plot in front of us facing sea was bought by Essar Group to construct bungalow for his personal use. There was height restriction in common covenant where he cannot go beyond 26 feet from ground level. But he went few feet above 26 feet so we went to court for demolition and ultimately in “out of court” settlement we got a big amount of 11 crore+ as compensation.

Now we are thinking of redevelopment even though our building is very strong today and can stand for next 15 to 20 years without any problem. Society is not willing to get structural audit of our building in spite of my insisting to do that. Some members for their personal interest insist for redevelopment so I insisted that before doing anything take consent from other two parties since we are covered under common covenant. But committee is saying there is nothing in the covenant except height restriction. How is this possible. A covenant is made to safe guard interest of all the three parties and not any one party. Society is not giving me copy of the covenant.

Under the prevailing situation  can you please guide me how can I compel society to take consent from other two parties before going for redevelopment  because I think if we go ahead with redevelopment of our building without consent and if the other two parties especially Essar group take objection (which he is very likely to do) then our project will be held up and we will be on street.

Your guidance will really help me to safe guard my residence.



Learning

 8 Replies

P. Venu (Advocate)     13 September 2024

There could be no meaningful suggestion unless the documents are perused and issues discussed.

1 Like

mukesh (partner)     13 September 2024

which documents are you refering to because society is not willing to give me copy of common covenant.

P. Venu (Advocate)     13 September 2024

"To avoid any dispute among three  plot holders one mutual covenant was made at that time  to safe guard interest of all three parties"
  

The contents of the so-called covenant would be deciding factor.

T. Kalaiselvan, Advocate (Advocate)     13 September 2024

The process of redeveloping a building involves several steps, including:
  • Conducting a feasibility study
  • Obtaining consent from a majority of members
  • Choosing a developer
  • Preparing a redevelopment agreement
  • Obtaining approvals
  • Demolishing existing structures
  • Constructing new ones
  • Handing over redeveloped units to society members 
     
A structural audit is mandatory and should be carried out for both the building and adjacent structures
Local communities should be given opportunities to provide input during the redevelopment process
You can take the help of a consultant and proceed as suggested 
1 Like

mukesh (partner)     14 September 2024

Dear Mr.Kalaiselvan

Thank you for your reply. Society is not doing structural audit of our building, in that case what can i do. Also if audit report comes and says building is strong enough to stand for another several years can i stop society from going for redevelpoment even if 51% agrees fro redevelopment.

T. Kalaiselvan, Advocate (Advocate)     14 September 2024

If the structural audit report says that there is no necessity for redevelopment at this stage then it will be an illegal act by the society to force a redevelopment, you can approach the registrar or the court of law and obtain a stay order to stall the proceedings of the proposed redevelopment project

1 Like

mukesh (partner)     14 September 2024

THANK YOU SIR

Sudhir Kumar, Advocate (Advocate)     14 October 2024

Agreeing with above views I will add that a clear view good enough to give you  an opinion, can be fored only on perusal of the relevant papers.


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