Redevelopment of chawl with private landlord
salamat
(Querist) 16 January 2013
This query is : Resolved
Dear All,
thanks for your continuous support to people like me...
i stay in a chawl in eastern suburb where we have 40 ground +1 structures and all assessed in MCGM records and all the possessors are having a 99 years lease agreement with landlord of the land ( not the structure eg.. agreement says the land ad measuring a*b is been given on lease to XYZ for 99 years at ABC rent per month starting from 1975. now we want to redevelop this chawl and approached landlord who is eventually a builder too and we are waiting for his answer.
my queries are
1)is our chawl comes under cess building
2)what should we expect from landlord/builder (like how much area he should give us after redevelopment/ society fund(corpus fund)/amenities etc
3) can we form a housing society at this stage with or without the consent of landlord and how much that would be beneficial and how can we form it
4)which DCR rule is applicable in our situation so that we can refer it for guideline
if any thing i should know other than my queries please suggest and guide
thanks and regards
salamat
ajay sethi
(Expert) 17 January 2013
you will need landlord consent for redevlopment . the area you should get depends upon your negotitating skills with the landlord/builder .
you have not mentioned exisiting area of each chawl room .
generally bargain for additional room and for rentals when chawl is redevloped . depending upon demaand for flats in the area you will get offer from landlord .
salamat
(Querist) 17 January 2013
Thanks for your prompt response. each room is minimum of 12*18 sq ft ground +1 ((216+216 )and also there are rooms with bigger area.
landlord is builder himself so his consent is there now we got a proposal saying we will get equal area in possession right now but we have to pay him construction cost for 1/4 of the total area. please guide.
ajay sethi
(Expert) 17 January 2013
is he offering you ownership rights?
the decision has to be collectively taken by residents . problem is you cant apporach other builders as landlord is owner of said property
salamat
(Querist) 17 January 2013
yes he is offering ownership rights...
ajay sethi
(Expert) 17 January 2013
then grab the offer . you become owners of the room
salamat
(Querist) 17 January 2013
but he is asking construction cost of 1/4 of the area. all i want to say is on one side we have redevelopment projects where builder is giving flats and money and corpus fund n all. but here he is jus giving us flat of equivalent area and nothing else... so this means our project is different from other projects like SRA n all
Raj Kumar Makkad
(Expert) 21 January 2013
The demand of landlord is not genuine and so you need to get benefit of registered lease deed in the given case.
ajay sethi
(Expert) 21 January 2013
yours is not SRA project . you were tenants . now landlord is giving you ownership rights . tell lanlord you cannot pay construction costs . decision has to be taken collectively by members
Raj Kumar Makkad
(Expert) 21 January 2013
I do agree on further suggestion given by ajay.
