Change in redevelopment plan without consent
J Shah
(Querist) 21 November 2016
This query is : Resolved
Year 2005
Developer entered into an agreement with all the tenants to provide flats of same area on ownership basis on the same plot within 12 months with various amenities.
Year 2006
Developer acquired the adjacent plot and then he merged both the plots. And submitted various plans/alteration/changes to BMC without anyone consent.
Year 2009
He gave possession of flat on the adjacent merged plot and made agreement with all the tenants for surrendering their tenancy rights.
We did not sign on the said new agreement nor did we surrender our tenancy rights as the flat which he gave was not as per the agreement. There is no reference of merger in our agreement. Builder has not taken consent of us before changing the plan.
The flat was not as per the area (sq ft) agreed upon. nor it was on the said plat as mentioned in the agreement.
no amenities were provided as per agreement.
We have taken the possession of the said flat as because the developer had stopped paying rent for alternate accommodation. But we have not made new agreement for the said new possessed flat nor we have surrendered our tenancy rights.
had builder taken our consent and made a fresh agreement as and when he changed the plans he would be liable to provide me additional FSI / additional area as per Development Control Rules.
are we entitled to additional benefits as per DCR
and which section and clause entails us the said benefit
Rajendra K Goyal
(Expert) 21 November 2016
You have some merits in your case, discuss with local lawyer, show him all the documents and proceed.
Kumar Doab
(Expert) 22 November 2016
You have posted that:
"builder taken our consent and made a fresh agreement as and when he changed the plans he would be liable to provide me additional FSI / additional area as per Development Control Rules.'
Prior to this para in your post you have narrated the merits.
In this para you have mentioned that you have signed by your free will another agreement and it rests on some Development Control Rules.
If the rules provide for satisfying your requirements then there should be NO issue.
Rest is finding defects.
Your able counsel can advise after examining all related docs and rules.
Approach your local counsel.
R.K Nanda
(Expert) 22 November 2016
consult local lawyer.
