Redevlopment of society
Jayesh shah
(Querist) 31 October 2015
This query is : Resolved
The society of 10 members having 7 members of one community. They appointed builder of their choice. there after the majority members colluded with Builder and taken the extra space at concessional rate. the Builder denied the concession to other minority members. The Builder went to court against me the minority member for evacuation from my flat in High court. I argued in High court but high court telling that Builder has right to give concession to whomsoever he wish and refuse our please for concession as the same to other majority members. wanted help from Mumbai lawyer
Anirudh
(Expert) 01 November 2015
IT is not clear as to what do you mean by "extra space"?
You have to come out with facts about the terms of the development agreement. Without this, it is not possible to give any appropriate answer to your query.
Rajendra K Goyal
(Expert) 01 November 2015
Search Mumbai High Court Lawyer dealing in such matters from web / inquiry and discuss in detail.
R.K Nanda
(Expert) 01 November 2015
consult local lawyer.
Jayesh shah
(Querist) 01 November 2015
Mr. Anirudh
the builder has given space 0f 30% more to all the society members as per development agreement. But again extra space over and above the redevelopment FSI.
Kishor Mehta
(Expert) 01 November 2015
Sir,
The rate at which to offer extra space to a person is entirely the developer's prerogative.
A person should first understand from the developer, his terms, conditions and rates for the extra space before signing any consent agreement with the Society for redevelopment.
Good Luck,
Kishor Mehta
Anirudh
(Expert) 01 November 2015
Dear Mr. Jayesh,
From your clarification I understand that all the society members got space in lieu of their pre-existing rights before development took place. There is no discrimination or unequal treatment here.
However, what you want to say is that whatever portion that belonged to the developer/builder, when he is disposing of that space, he is charging lesser charge to the 7 members, while he is trying to charge more for other members.
This is purely within the legal rights and whims and fancies of the builder/developer. The builder can even go to the extent of giving the extra space FREE OF COST to some whom he likes. Others (like you) cannot demand same treatment. The High Court was quite right.
K.S.Srinivas
(Expert) 02 November 2015
I agree with Sri Anirudh.
Jayesh shah
(Querist) 03 November 2015
Dear Mr.Anirudh
But the society majority members are in collusion with the Minority members taking benefit. The redevelopment agreement it is clearly mentioned that the concessional rate will be given for extra space but the same is given to majority who are office bearer also. they do not want to negotiate for all the members but for themselves only. Is this not injustice to minority members. the builder is close relative of the chairman. This fact was know only to the majority member and not to us.
Take case only for example. Every body want to get to give gift to govt official on diwali. Why they give are not giving gift to poor person on diwali. This is just to take favour from them. So the Govt has now put the ban on. This is the same thing and if this is right I am really surprise that everything is right for builder. I have experienced same in High court that Judges are agree with their argument only. the court are not ready to listen to the me who has suffered at the hand of majority who are from one community.
thanks for your reply.
Can any lawyer whom can i hire for appealing again the high court of Mumbai to ban such malpractices of builders across the Mumbai. So that small tenants like me can not be deprive of their right.
Dr J C Vashista
(Expert) 04 November 2015
Contact and consult a prudent lawyer practicing (civil)in Mumbai.
