Re-development
Querist :
Anonymous
(Querist) 19 November 2011
This query is : Resolved
i am resident of mumbai where we(more than 50 tenants) stay under pagdi system now government hiked the FSI to 2.5 % we want re-develop the property and it is constructed before 1940 and poor condition my question is if lanlord denies re develop do we have any right under property act ?
prabhakar singh
(Expert) 20 November 2011
This query is passed on to Mr.Sethi.
ajay sethi
(Expert) 20 November 2011
The brief highlights of the amended Development Control Regulation 33(7) are as follows:
1.In case of redevelopment of 'A' category cessed buildings (constructed before 1940) undertaken by the landlord or Cooperative Housing societies of landlord or occupiers, the total FSI shall be 2.5 of the gross plot area, or the FSI required for rehabilitation of existing occupiers plus 50% incentive FSI, whichever is higher. Under the new policy the developer is assured of at least 50% FSI for free sale. Also the policy enables rehabilitation of all occupants on the same plot, reducing social dislocation.
2.Self contained flats of minimum 225 sq.ft. and maximum 753 sq.ft. carpet area are given to the old residential tenants/occupants. Shopkeepers are given an area equivalent to their old area.
3.In case of 'B' category cessed buildings permissible FSI shall be the FSI required for rehabilitation of existing occupiers plus 50% incentive FSI.
4.As per the permissible FSI, stated above, will depend upon the number of occupiers and the actual area occupied by them, no new tenancy created after 13.06.1996 shall be taken into account, while computing the permissible FSI. Similarly, tenants in unauthorized constructions made in the cessed buildings shall not be taken into account while computing permissible FSI, i.e. the total no. of tenants/occupants should not increase after 13.06.1996. The responsibility for rehousing such tenants whose tenancy may have been created after 13.06.96 or who stay in unauthorized construction will lie solely with the NOC holder.
5.Though some buildings may belong to 'C' category (may not belong to 'A' or B' categories), they may be so dilapidated and dangerous that their reconstruction is most urgently necessary to this end, the Government has granted additional incentive FSI as per Point No.1 above for redevelopment of buildings of any category declared as dangerous, prior to monsoon of 1997.
ajay sethi
(Expert) 20 November 2011
consent of landlord is required for redevlopment
Querist :
Anonymous
(Querist) 21 November 2011
thanks a lot and i think more than 70% of tenants permission also necessary right ?
ajay sethi
(Expert) 21 November 2011
According to the amendment, if 70% of tenants come together, they can select a developer of their choice. Once this process is done, the department would give them a letter of intent (LoI). Before this amendment, the right of selecting the developer rested only with the landlord. “
Advocate. Arunagiri
(Expert) 21 November 2011
Mr.Sethi,
I think, the selection of the re-developer can be done by majority of the landlords, but, whether to proceed with re-development or not can be decided only by all the landlords.
I would like to update myself.
ajay sethi
(Expert) 21 November 2011
Mr arunagiri
as per amendment of DCR the majoeity of thenants can choce the developer of their choice .
not by majority of landlords .
Querist :
Anonymous
(Querist) 22 November 2011
thanks to all
