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S.r.a.

(Querist) 28 June 2014 This query is : Resolved 
Already Put Up Area under section 33(10):

1. Plot situated at village chembur, Ownership-State Gov.of Mah., Zone- R
2. As per P.R.C. Area of Plot =5450 Sq. Mtr.
3. As per Ann. II issued by add. Collector area of plot=1560 Sq. Mtr.
4. LOI granted to this 1560 Sq.Mtr. Plot on 29th October 2010.
5. Total # of slum dwellers as per ann. II =65, Eligible-32(res-20, Comm.-10, res cum comm.-2, consent-31 nos.(96.87%).
6. Complaint filed against bogus irregularities by our society to S.R.A./Collector/ Add. Coll. Where 8 irregularities where confirmed by collector.
7. LOI extension granted or not we did not follow.


1. Ours Sangh Comprising of 54 commercial hutment dwellers surrounding this 1560 sq. mtr. Plot in L shape(which till now is not included in the S.R.A.Scheme).
2. Our Sangh is certified by the Societies Registration Act, 1860 on 24th December 1979 and also registered by Brihanmumbai Dharmaday Ayukt (1950, clause 29) on 29th May 1980.
3. Recently 4 years before we formed a Trust out of our society.


As per now:-
1. Developer is ready to include all these 54 comm. + 12 resd. Structures in the already submitted scheme.
2. Ours 52 members have agreed by signing in our rough minute’s book for 4 of our members who were represented for the discussion with the developer - to be their representative.
3. Developer has agreed for an M.O.U. type understanding which can be registered in the court of law with three members of our society who have taken the undertaking of representativeness.
4. Developer, our comm. Shopkeepers have agreed to go with the rehabilitation project with the below said important points =
a. Each commercial structure will get the same area as per photo pass/usable whichever is larger as per now.
b. Every comm. Structure who will be non-eligible will be made eligible/or compensated with the free sale component.
c. Comm. structure locations will be approximately same as per now existing.
d. Commercial structures possessing larger area will be compensated by free sale component which will be notified in the registered agreements forwarded to S.R.A. .
e. 8 members of the adjoining C.T.S. will be included in the rehabilitation scheme.
f. Any advantages forwarded by the authority will be passed on to all comm. Structures such as height extension as our shops have RCC slabs with ground +1 usable area which were granted by B.M.C. for earlier setback road line.
g. Required documents by S.R.A. such as Consent letter & annexure will be first put up , surveyed , plan prepared shown to comm. Hutment dwellers and the put up for approval with the registered agreements.
h. Rent of the demolishing structures will be decided later after all approval by the concerned authorities are taken by the developer.
I . Structures allotted in the redeveloped building must have approximately the same location of the road as per residing now.
j. As per S.R.A. guidelines new / changes in chief promoter, secretary must be done .



Want from you sir =
1. Understanding/ authorizing letter for the 3 / 4 members given by other members for involving in M.O.U. /similar letter with the developer for welfare of the comm. Structures.
2. M.O.U. or similar letter which can be binding & registered in the court of law.
3. Any other letter which can be binding in the court of law.
ajay sethi (Expert) 28 June 2014
call a meeting of all members . have a resolution passed signed by all members authorising the 4 committee members to negotiate with the builder , enter into correspondence with the builder and to sign all documents as may be necessary .

it would have been better if society was formed. resolution could have been passed in AGM in this regard .
R.K Nanda (Expert) 28 June 2014
query too long.
Rajendra K Goyal (Expert) 28 June 2014
Agree with the expert ajay sethi ji.
T. Kalaiselvan, Advocate (Expert) 28 June 2014
Though a very lengthy query,the views expressed by expert Mr. Ajay Sethi appears more suitable, I agree to it.
Vijay Balkrishna (Querist) 30 June 2014
Already 4 authorized members have been formed to negotiate with the developer and also the developer is also ready to involve (club ) our members with the earlier put society hutments through a development agreement, but the problem is will the development agreement in which the developer will compensate the extra (large) area of shopkeepers through his sale part stand against S.R.A. RULES?
Please read the query again.
Vijay Balkrishna (Querist) 30 June 2014
Already 4 authorized members have been formed to negotiate with the developer and also the developer is also ready to involve (club ) our members with the earlier put society hutments through a development agreement, but the problem is will the development agreement in which the developer will compensate the extra (large) area of shopkeepers through his sale part stand against S.R.A. RULES?
Please read the query again.
Raj Kumar Makkad (Expert) 17 July 2014
It depends upon your negotiations. The developer may be got forced by all of you to come to your terms.
Vijay Balkrishna (Querist) 19 July 2014
Respected Makkad sir,
Can the private development understanding agreement be valid in S.R.A. rules if yes then I want the format of agreement from you with appointment at your office address.
Urgent.
Vijay Balkrishna (Querist) 03 June 2015
Respected Makkad Sir, Can the private development understanding agreement be valid in S.R.A. rules, if yes then what format will it be?
Vijay Balkrishna (Querist) 03 June 2015
Respected Makkad Sir, Can the private development understanding agreement be valid in S.R.A. rules, if yes then what format will it be?


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