Hi,
We are involved in a legal dispute over a redevelopment agreement with our developer in Maharashtra. The developer and our society members signed a traditional registered redevelopment agreement that laid out rental obligations for the developer among other things. It also mentioned if the redeveloped property was more than 20 sq. ft. short of the existing built up area, the developer would compensate the society members, and if it was up to 20 sq. ft. more than the existing builtup area, no one owes anyone. However it was silent about the scenario where the redeveloped property ended up being more than 20 sq. ft. in excess of the existing built up area. The approved plan from the municipal corporation ahs the existing built area in the plans. Moreover, the agreement explicitly said the ground floor and parking area is for the existing society members to use.
The developer stopped paying rent for over two years, built shops over the ground floor and parking area and after finishing construction, said he won't return possession until the society members until they pay up for 100 - 140 sq. ft. excess built up area according to "his measurements". The society members initially pushed back, hired a lawyer to send him legal notice saying when all amounts are considered (including the land he took over illegaly to construct shops), there is nothing owed to anyone (in a gesture of concession since technically the land used for shop construction more than compensated for the excess sq. ft.). However, the builder did not yield, and not it seems the office bearers colluded with the builder to produce a signed affidavit from them providing consent from the office bearers for the shop construction. They now negotiated a "settlement" with the builder on behalf of the whole society where every member is found responsible for 3 - 4 lacs. It looks like all but two dissenting members (us and one more member) have internally agreed to this settlement.
The two dissenting members are seeking amicable settlement by asking the builder to provide access to the property so we can do physical measurements and confirm the excess area he is claiming. (Note, the property has been measured at least 4 times and come back with different measures each time). Given the loss of the land, and the builders lack of transparency, and the rest of the society members agreeing to the settlement, do we have any legal leverage in negotiating down the amounts owed to the builder?
We don't want to screw anyone, but at the same time don't want to defrauded ourselves, and it seems between the office bearers writing off the consent for shop construction, and negotiating some arbitrary price per sq. ft., we are being coerced into a settlement? I recognize I can't get "legal advice" but if you have any "pointers / resources" you can share, I would sincerely appreciate it!!
