societies Legal Issues Regarding Redevelopment of the Building : Advocate H. M. Suthar
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- เผยแพร่เมื่อ 2 ต.ค. 2024
- Rotary Club of Bombay Goregaon West is Organizing a seminar to Societies Legal Issues Regarding Redevelopment of the Building & Management of the Society. Speakers ; Advocate H. M. Suthar, On 28 Oct. 2022
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If some other party has constructed Building in plot which belongs to our Society (Encroachment issue) then during the time of redevelopment will there be any issue during Plan approval.
Although our Society can take advantage of additional FSI although some part of plot is occupied by other Party still will there be any issue at later stage.
Should this issue be resolved before Society goes for redevelopment ?
Is it necessary for individual rehab member of a tenant copartnership type of cooperative housing society limited (also noncessed and nondilapidated building of age 60 years ) to approach High Court if the redeveloper is not ready to give bank guarantee but insisting that instead will keep some flats from sale component of to be redeveloped building as security? The rehab member expects timely completion of project,no stoppage of temporary accomodation rent and redeveloper not failing in fulfilling the involved financial responsibilities.
In writ petitions lodged by Vishwanath Awaghade, Dinesh Turakhia, Sharda Gangadharan vs AdityaRaj Developers, Pragati CHSL of Ghatkopar ward of Mumbai Suburban and MHADA in Mumbai HC, judges ordered the redeveloper to give bank guarantee but did not question the adequacy of security of the type of keeping some flats from sale component of to be redeveloped building instead of giving bank guarantee. It may be that nowadays banks are not ready to take the risk of guaranteeing builders but providing some flats from sale component of something which is yet to be constructed or whose construction is yet to be completed is zero security to the rehab members and more so when one can see many stalled redevelopment projects from many years.
Any rules to sharing amount given by builders for flats owners against redevelopment scheme in cooperative housing society Tenament and flats holders sharing equal amount between all holders or not only flats owner is a right to share the amount
H.M.Suthar Sir, Very well explained.
Thank you so much.
If objectives clause in the byelaws does not have Redevelopment as one of the objectives than can society go for redevelopment? Does society need to amend the byelaws?
Is structural audit of the building mandatory if society wants to go for redevelopment?