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Ritu Barve (HR)     20 December 2011

Help against redevelopment

Ours is 40 yr old building. Recent Structural Audit report says that building is in sound condition but need some repairs to be done. Now the the members called the PMC again for feasibility of redevelopment and are forcing us to go for that. The argument is that we can not afford the cost of 1 lac so better go for redevelopment. PMC verbally went on increasing the cost of replairs from 10 to 20 + lacs. What is the way out since out of 14 we are only ones fighting against it.



Learning

 2 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     10 February 2012

Is your building in Mumbai or Maharashtra? I am going on the basis that you are in Maharashtra.

What is PMC? Generally redevelopment means if the building has unutilised FSI, use it for constructing more flats and sell them to outsiders at the current market price. The money thus obtained may be sufficient for demolition of the old building and construction of a new building with equivalent flats for the existing members and the additional flats for the new members. In order to do this there must be unutilized FSI or additional FSI granted by competent authority.

I remember to have read a High Court decision that if all the conditions for redevelopment are satisfied and if 75% of the members agree redevelopment can be proceeded with and the minority who oppose will not be able to stop. Yours appears to be a small society. I do not know how the rules will apply to a small society.

myfuture (n a)     11 February 2012

Current LAW does not look if you are right or wrong it is concerned with the 75% majority. But our Humanrights law is with the minority % so you can make out that there is some law of convinience used to form this law of 75% majority even if they are right or wrong.


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