Redevelopment-Benefits of FSI on land owned by society
ramani
(Querist) 18 October 2009
This query is : Resolved
My father's society has adopted the model byelaws 2001 based on which the society members are being charged equally for all expenses incurred by the society on expenses underataken towards repairs and maintenence of land on which building is standing,compound walls,pump house,staircases,landings,open terraces etc.These are as per interpretations available in model bye laws (page 2) .The Dy Registrar has confirmed sucha treatment and hence same is being followed irespective of area occupied by each member Repairs and mantenence of building(except common areas like landings stairway,terrace )are being done on sq ft basis).
The issue now is FSI is on the land which society holds.Presently by buying TDR ,the society can develop additional area equivalent to twice the gross area less presetly occupied. If the society goes for redevelopment ,based on the byelaws and the expenses as detailed above being collected from members ,some members are of opinion that the benefits arising out of FSI should society go for redevelopment should be shared equally and not on square foot presently occupied. Is this interpretation correct? Are there any case laws or precedents in this.Pls advice
Gulshan Tanwar
(Expert) 14 January 2011
No one answered the query, pity!!! I am not having time these days will be back to LCI after sometime and then only can answer the same.
