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aliabbas (ta)     07 October 2011

Can commercial office reside in residential tower

We recently started living in a newly constructed 21 storey tower(redevelopment of an old dilapidated  building),  however the Saifee Burhani Upliftment Trust (SBUT)   accuired the last 4 floors as office space due to which we residents are facing a lot of nuisance from their workers.

furthermore, the builder has not yet recieved OC, yet we all are in possession of our rooms.

The name of the tower is Huseni Tower and it is located in bhendi bazar. can such a commercial office reside in residential tower?

furthermore they sold  the parking space to SBUT leaving the residents gasping for parking space , shouldnt the builder give us the parking space for free as this recent court judgement suggests?

 



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 3 Replies

ajay sethi (lawyer)     07 October 2011

occupation certifcate is must . without OC builder cannot handover posession of the flats .

 

what is your agreement with the builder?

does it mention that builder can   s ell part of premises for  commercial use?

 

has cooperative societyy beeing formed?

how many parking slots were avilable ? how many slots alloted by builder .

he cannot sell the slots . for m a cooperative society at earliest if not done

aliabbas (ta)     07 October 2011

Actually all have been given possession of the flats on the pretext of doing interiors as mentioned in the possession letter.Infact SBUT is doing  full fledged commercial activity after having spent a few crores  on just lavish interiors. And all residents have also completed their interiors long back and are residing. The parking space is first 4 floors , each floor contaqining about 8 slots. We had a meeting with the builder and he said that we will be able to form a housing society only after 2 years. We suspect a nexus between SBUT and builder , such that SBUT will take over the entire building. Also SBUT has accuired more than 75% of buildings in the bori mohalla  area of bhendi bazar mumbai. They have got the permission to redevelop entire bhendi bazar with an initial budget of 1500Cr.

Hence how do we form a society and secure ourself from SBUT,noting that we are yet to recieve an OC?.

aliabbas (ta)     12 October 2011

We also have a meeting on forming a hous society this saturday. But as explained above how can we confront the builder successfully?


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