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RE-DEVELOPMENT OF HOUSING SOCIETIES
To/Against/For: GENERALRE-DEVELOPMENT OF HOUSING SOCIETIES (1)
You must have read my previous article on UNHEALTHY AND UNLAWFUL PRACTICE BY CERTAIN DEVELOPERS IN REDEVELOPMENT OF HOUSING SOCIETIES IN MUMBAI :-( Aftermaths of Development Agreements executed with Societies) created by me on \"My Online Petition\" unmasking certain Builders with no moral status in the Construction Industry.
This article was an eye-opening attempt for those thousands of Housing Societies and their members who fall pray to such wicked and dishonest Builders after handing over their lifetime shelters for redevelopment and the projects are either delayed or are submerged in litigation due to the filthy nexus between the corrupt office bearers and the crooked committee members.
RE-DEVELOPMENT OF HOUSING SOCIETIES (2)
1. The Builder to demolish the building existing in the plot and construct new multi storied buildings taking into account the earthquake resistant factors as directed by The Municipal Corporation of Greater Mumbai. The new building should have stilt for car parking and should consist of _____ stories as per approved plans. The final plans are to be prepared after due consultation with the managing committee and understanding their requirements.
2. The Builder shall be responsible to obtain all the necessary approvals from The Municipal Corporation of Greater Mumbai and all other statutory and Government offices and departments which will include:
a. Survey of the entire plot with regards to the area and topography of the plot,
existing plot boundary and existing structures
b. Layout approval
c. Concession plan
d. Fire fighting NOC
e. Civil aviation NOC
f. Urban Land Ceiling NOC
g. City Survey office NOC
h. Intimation of Disapproval
i. Commencement Certificate
j. Transfer Of Development Right approval, utilization and deduction on the plot
More details are given in this article at a later stage.
3. The Builder should provide the following infrastructure after the completion of the re-development work:
a. Complete paving around the building finished with suitable materials
b. Storm Water Drain
c. Sewerage lines
d. Security arrangements
e. Garden and landscaping (wherever possible)
f. Pipe gas line (as per availability)
g. Internet facility (as per availability)
h. Society office
i. Adequate car parking spaces
The Builder has to provide extra area over and above the existing carpet area to all the members free of cost in the newly constructed building. The flower bed as open balcony area should be provided as permitted by The Municipal Corporation of Greater Mumbai. (Area will be approx sq.fts.)
4. The Builder should pay the society/individual member, a corpus fund of Rs (Rupees Only) towards granting of development rights. The above amount is helpful in paying all outgoings of the existing members in the newly constructed flats. The corpus amount is worked out on the basis of Rs. per sq.fts. On the existing carpet area.
5. The Builder should provide displacement compensation towards temporary alternate accommodation to the affected members during the construction work at the rate of Rs. per sq.fts. On the existing carpet area. The compensation has to be paid from the time the vacant possession is given by the members for demolition till the construction of the new building/s is/are complete and the peaceful possession of the new flats given by the Builder.
6. The society shall accept and admit the prospective/additional flat owners of the newly constructed building/s as members of the society and treat them at par with existing members.
7. The Builder should prepare a tentative layout of the new building which has to be shown to the members as and when required.
8. The Builder may tie up with leading financial institutions and banks and arrange for necessary approvals for housing loans for the existing members and prospective clients.
9. The Builder should complete the entire re-development work within a period of ___ months or as agreed with the Society after all the legal formalities and Municipal approvals are obtained. The initial Municipal approvals will take about three months depending upon the existing rules and regulations governing the re-development work.
STANDARD LIST OF AMEMITIES
Structure: The structure would be designed as Multi Frame Structure of RRC with provisions of Earth Quake resistance features.
Elevation and Planning: Exquisitely designed elevation features may be provided along with careful and detailed planning with plenty of light and ventilation in each rooms and minimum wastage space with proper co-ordination of all rooms. The building may be provided with sand faced plaster on the external face water proofing plaster and chicken mesh should be used as required
Entrance Lobby: The entrance lobby may be elegantly designed with Granite tile and POP false ceiling.
Doors: All the doors should be provided with Marine Flush Doors and CP frame with cover mouldings. The main door must be provided with good quality night latch, safety chain, tower blot and attractive handle. Internal doors may be provided by cylindrical mortise type locks.
Windows : All the windows of rooms and toilets should be provided with marbles frames with designed mouldings. Heavy section powered aluminum sliding windows with 5 mm tinted glass may be provided with imported bearings and fittings.
Plaster of Paris: Beautifully designed cornice has to be provided in living room. Walls of all the rooms to be finished with POP panning and grooves to be provided on top of the skirting
Electric work : All the electric wiring work must be done as per the norms of Reliance Energy using 1/18, 3/20, and 7/20 flexible wires with use of MCB and ELCB for safety of the flat owners. Latest available switches of reputed company must be provided. Extensive electric layout comprising of the following points to be provided:
Spot Lights (living room and bed room)
Tube lights
Fans
A.C. (living room and bed room)
Geysers
Exhaust fans
Aqua guard
Mixers
Washing machine
Refrigerator
T.V. cable
Gas pipe line (if available)
Refrigerator
T.V. cable
Gas pipe line (if available)
Plumbing: All the plumbing pipes, fixtures and fittings should be strictly as per IS Norms. CP plumbing fixtures (ESS ESS or JAGUAR) should be be provided in all toilets with matching sanitary ware of reputed company. Plumbing points should comprise of wall mixtures, showers, taps, washing machines and aqua guard.
Flooring and Tiling: Marble or granite or granite flooring should be provided with matching skirting of 3”. Toilets should have full dado height of coloured glaze tiles of reputed company of Indian or imported make with designer borders and motifs.
Kitchen: Granite kitchen platform comprising of cooking and serving platforms may be provided with moulded facia patti and vertical sides. Stainless steel sink has to be provided.
Colour: The entire flat should be painted with Synthetic enamel paint including doors and ceilings. The external walls of the buildings must be painted with good quality cement paint.
Lift: Lift of OTIS/Johnson make may be provided with all the safety features.
Terrace: The terrace should be finished with china chips and high parapet wall with corner lights and water points.
Compound wall and gates: New compound wall should be constructed with proper design and sufficient electric points. M.S. main gate should be provided for safety.
Paving: The entire compound wall should be paved with concrete and finished with heavy duty checkered tiles.
STAGES OF RE-DEVELOPMENT
1. Offer letter to the society
2. Terms and conditions with the society
3. Agreement with the society
4. Sanction from mcgm in favour of the society
5. Loading of tdr in the society’s name
6. Obtaining the iod
7. Shifting of the members
8. Demolition of the building
9. Obtaining the cc
10. Construction of the new building
11. Obtaining the o.c
12. Shifting the old members
Please ensure to collect all the listed certificates from the Builder/Developer as the same must be with the custody of the Housing Society once the redevelopment of the property is completed and the occupancy certificate is issued by MCGM for rehabitation of the members.
1. Development Planning Remark or Town Planning Remark: MCGM (Dev. Dept.)
2. Intimation of Disapproval (IOD): MCGM
3. Property Tax Assessment NOC: MCGM (Assessment Department)
4. Hydraulic Engineer No Objection Certificate: MCGM (Hydraulic Department)
5. Storm Water Drainage No Objection Certificate: MCGM
6. Sewerage No Objection Certificate: MCGM
7. Traffic Deptt. of Municipal Corporation of Greater Mumbai No Objection Certificate: MCGM
8. Urban Land Ceiling NOC: Competent Authority in Collector\'s Office
9. Tree No Objection Certificate: MCGM (Tree Authority)
10. Non-Agricultural Permission: Collector\'s Office
11. Civil Aviation No Objection Certificate: Airport Authority of India
12. Pest Control No Objection Certificate: MCGM (PCO)
13. MTNL No Objection Certificate: MTNL
14. Chief Fire Officer\'s No Objection Certificate: Fire Department Office
15. Commencement Certificate: MCGM
16. Lift Inspection No Objection Certificate: Inspector of Lifts, PW
17. Occupation Certificate (OC): MCGM
18. Water Connection Certificate under section 270A: MCGM
19. Drainage Completion Certificate: MCGM (Water Department)
20. Building Completion Certificate (BCC): MCGM
21.TDR Loading: MCGM
22. Building Demolition Work: Contractor appointed for demolition work
23. Soil Testing Report: The Concerned Laboratory
The task of satisfactory completion of redevelopment of any Housing Society and to get back their members in their dream houses is not difficult provided the office bearers and the committee members are honest and justify their respective posts in the welfare and well being of the members of the Society.
Dilip Shah dilip7shah@gmail.com
Recent Comments
| Name | Comment | |
| nikhil | i like this a notes his notes my mail id has been send. | |
| mahesh | how do you remove administrator appointed by registrar as he is hand in glove with the ex-secretary of the society | |
| NAVIN NISHAR | Kindly, give your opinion about the Indemnity bond to be signed by the Redevelopment committee members in addition to the Managing committee, wehen the managing committee is for the name shake and they do not have knowledge about the Redevelopment as well as society matters and all the deceisions are taken by redevelopment committee members without taking any responsibilities | |
| Sophia Sawant | Good Article and we are a living example of the problems faced in a redeveloped project | |
| CHANDRA | Good Articles and it should forward widely towards common public... | |
| Dilip Shah | Bond under the Maharashtra Co-op Societies Act: Contributed by Dilip Shah I take this opportunity to write something on Bond required to be executed by the members of the Managing Committee of the Co-operative Housing Societies within 15 days of their assuming the office under the Maharashtra Co-operative Societies Act 1960. The provision is important because if the bond is not executed within 15 days of his assuming the office or if the member fails to execute the bond he shall be deemed to have vacated his office as a member of the Managing Committee. Attention is also invited to the Bye-law no 136 of the old Model bye-laws and bye-law no 138 of the new Model bye-laws which lay down as under: "The members of the Committee shall be jointly and severally liable for making good any loss which the society may suffer on account of their negligence or omission to perform any of the duties and functions cast on them under the Act, Rules and Bye-laws of the Society." In spite of above bye-laws an amendment was inserted by Mah. 41 of 2000, s. 3, of the amending Act (w.e.f. 23-8-2000) to Section 73 by introducing Section (1AB) to the Maharashtra Co-operative Societies Act 1960. Similarly Rule 58-A was inserted by G.N. of 18-2-2002 in the Maharashtra Co-operative Societies Rules, 1961. Similarly Form M-20 was also inserted by G.N. of 18-2-2002. Section 73(1AB) of the Maharashtra Co-operative Societies Act 1960 is reproduced below: "The Members of the Committee shall be jointly and severally responsible for all the decisions taken by the committee during its term relating to the business of the society. The members of the committee shall be jointly and severally responsible for all the acts and omissions detrimental to the interest of the society. Every such member shall execute a bond to that effect within fifteen days of his assuming the office, in the form as specified by the State Government by general or special order. The member, who fails to execute such bond within the specified period i.e. within fifteen days from joining the Managing Committee member, shall be deemed to have vacated his office as a member of the committee." Further the power to decide whether the losses incurred by the society are due to act or omissions of members of the committee is given to the Registrar "Provided that, before fixing any responsibility mentioned above, the Registrar shall inspect the records of the society and decide as to whether the losses incurred by the society are on account of acts or omissions on the part of the members of the committee or on account of any natural calamities, accident or any circumstances beyond the control of such members." Rule 58-A of the Maharashtra Co-operative Societies Rules 1961 is reproduced below: "Every elected member of the Managing Committee shall execute a bond in Form M-20 within fifteen days of his assuming the office. Such bond shall be executed on the stamp paper as provided under the Bombay Stamp Act 1958. The expenditure on stamp paper shall be borne by the society. The Chief Executive Officer / secretary of the society shall receive such bonds and keep them on record of the society and accordingly inform the Registrar within Fifteen days from the formation of the Committee." It is clear from above that the bond should be executed within fifteen days of assuming of office by each member of the Managing Committee in Form M-20 on a stamp paper. Failure will invite penal consequences. India: Managing Committee of Co-operative Housing Society Must Execute Bond March 2008 Article by Dilip Shah The legislature having experienced and realized that the members of the Managing Committee of different co-operative societies were acting in an arbitrary manner, with a view to have some accountability amongst the members of the Managing Committee, have enacted a provision in the Maharashtra Co-operative Societies Act, 1960 ("MCSA") mandating every member of such Managing Committee to execute a bond within 15 days from the date being elected as Committee member. If the committee member fails to execute the bond within the specified period, then such member shall be deemed to have vacated his office as member of the Committee. This provision has been given effect by Section 73(1AB) of the MCSA. This legislation was recently challenged by a Writ Petition filed in the Bombay High Court (Writ Petition No. 457 of 2007) under Article 226 of the Constitution of India on the ground that the same is ultra virus. However, the Bombay High Court has upheld the legislature’s act. The intention of the legislature is to make the members fully aware of their personal responsibility and liability towards the society and its members. The time limit laid down under section 73(1AB) is mandatory and the elected committee members have to hand over the bond to the Deputy Registrar of Co-operative Society within such stipulated time. This ruling of the Bombay High Court in the aforesaid writ petition emphasizes the basic principle of "ignorance of law is not an excuse" i.e. being unaware of the provision contained in Section 73(1AB) of the MCSA cannot be used an excuse for the failure to execute the bond within the stipulated time. Bandra building residents unearth Rs 100 crore fraud A resident of Rachna co-operative housing society at Hill Road in Bandra has accused some members of the managing committee of resorting to forgery to strike a Rs 100 crore deal for redevelopment rights. Mohammed Musaddique Shaikh, the resident, alleges the members resorted to forgery fearing the deal would fall through as the papers of the society were not in order. “After the managing committee members entered into an agreement with the builder for redevelopment in December 2006, they realized that they had not filed the mandatory indemnity bonds,” alleges Shaikh. When a managing committee is elected, it is mandatory for them to file indemnity bonds (before the registrar of societies) accepting responsibility for wrong-doing, if any, during their tenure. Without the indemnity bonds, the society cannot enter into a deal to redevelop the property. “The election took place on May 25, 2004. The committee was constituted on the same day. The indemnity bonds ought to have been placed on record by committee members on or before June 9, 2004, which was not done,” alleges Shaikh. His advocate Pradeep Havnur says, “Members not having filed indemnity bonds within 15 days of being elected cease to be part of the managing committee. All documents signed when they have ceased to be managing committee members are illegal and cannot be given effect to proceed in any matter pertaining to the society’s day to day affairs.” “When residents of the society insisted on seeing copies of the indemnity bonds, the accused purchased stamp papers and prepared back-dated indemnity bonds,” alleges Shaikh. Another resident, S B Naik, moved the HC alleging fraud. The court asked the additional controller of stamps (Mumbai) to investigate. The investigation revealed that the dates on the indemnity bonds were forged. An officer at Bandra police station said a complaint was registered under Sections 465, 467 and 471 of the IPC. High Court orders fresh elections to managing committee of industrial cooperative society Dilip Shah Posted: Dec 25, 2007 at 09.45 hrs IST-Article Directory, India Mumbai, December 25: The Bombay High Court recently ordered fresh elections to the managing committee of an industrial cooperative society in Chunabhatti. Following their removal from the committee for non-execution of bonds under the Maharashtra Cooperative Societies Act, Deepak Rao and others had moved the HC contesting the order passed by the Divisional Joint Registrar as he was “facing corruption charges and his anticipatory bail application was rejected by the sessions court”. The Managing Committee of the Shri Mahalakshmi Industrial Premises Cooperative Society Ltd was superseded by an order of the Deputy Registrar of Cooperative Societies on July 6. The members challenged the order before the Divisional Joint Registrar Shivaji Pahinkar — who is under suspension, according to Assistant Government Pleader G W Mattos. Pahinkar dismissed their appeal on October 23, following which the members moved the HC. According to Mattos, the petitioners contested Pahinkar’s order as he had passed it on October 23, a day after his anticipatory bail application was rejected by the session’s court. The petitioners expressed apprehension that the order was “based on consideration other than merit”, according to Mattos. According to Mattos, Justice A M Khanwilkar observed that if the petitioners' contention was accepted, the court would have to order an inquiry into the allegations and, if found true, the matter will have to be referred back to the appellate authority for fresh hearing. Mattos contended before Justice Khanwilkar that the managing committee was removed on technical grounds as they ceased to be members for non-execution of bonds. Mattos submitted that instead of going into allegations and counter-allegations, it would be appropriate to hold fresh elections to the committee. According to Mattos, observing that the removal was technically correct, the court directed that the three members of the seven who had executed the bonds should continue to function as the Board of Administrators (BoA) instead of the single administrator appointed by the Deputy Registrar of Cooperative Societies on July 6. Mattos said the HC then directed the Deputy Registrar of Cooperative Societies to issue order in this regard by December 27. The court also directed that elections to the committee should be held within three months. The court has, however, asked the BoA not to take any major policy decisions during this period. Dilip Shah: dilip7shah@gmail.com | |
| pramod jain | excellent article our society is thinking of going for redevelopment & has appointed redevelopment committee by sgm , do the redevelopment committee members have to give the bond mentioned by you in your article kindly reply as the managing committee in our building changes every year but this redevelopment committee has been appointed for 5 years also would like to know if you can recommend some honest project management consultants who can guide & safeguard our members interest thanks | |
| Feroza Saran | Excellent article. This should help Societies who "honestly" seek redevelopment in the interest of all the members. Unfortunately, this is not often the case. Your previous article is closer to reality, about builders duping gullible members of the public. | |
| James Methew | Iconic article for those who seek the Redevelopment in honest manner. God bless you. |
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