UNHEALTHY AND UNLAWFUL PRACTICE BY CERTAIN DEVELOPERS IN REDEVELOPMENT OF HOUSING SOCIETIES IN MUMBAI :-( Aftermaths of Development Agreements executed with Societies)
Now a day, the Redevelopment proposals are grossly mooted by the Developers in old and dilapidated Cooperative Housing Societies in Mumbai Central and Suburbs.
As per the Plot area and the loadable TDR/FSI in permissible ratio i.e. 1:1, 1:1.3, 1:2 or 1:2.5 or as applicable, the Developers begin discussions with the Office Bearers/Architect/members of the Societies for the Redevelopment of Society’s property.
The Developers offer the members a bigger and posh dream houses with additional carpet area/rooms over the existing ones, displacement compensation for alternate accommodation, corpus fund and eye-catching amenities etc. The Developers construct either additional flats or commercial joint on the remaining area available at their disposal on the same plot and sale it in open market to earn the surplus. The Development Agreements and the Power of Attorneys are finally executed between the Societies and the Developers to complete the projects.
Initially, to obtain the IOD/CC from MCGM, the Developers submit the plans to MCGM as per the agreed terms in the Development Agreements executed with the Housing Society.
It has been often noticed that thereafter, during the process of redevelopment, the terms of Development Agreements as agreed upon, the unhealthy attempts with ulterior motives are made by the Developers to twist and grossly violate the rules of MRTP and DCR by unlawful planning and constructing additional/unauthorized areas that are beyond their entitlement (i.e. beyond the plot FSI and the TDR/FSI loaded) for their hidden financial gains. The buyers of such unlawful flats/properties land themselves in deals that lead to litigation at a later date.
At this stage, the Developers submit the amended plans for additional structures to MCGM which are not in conformity with the Development Agreements executed and additional/unauthorized constructions are carried out without informing beforehand or seeking formal approval from the Society's architect/Society as per the rules and bye-laws or execution and registration of further necessary Agreements to this effect.
The ill- observance of MRTP/MCGM/DCR rules and guidelines are overlooked by the sympathetic officials of the MCGM and the plans so submitted, are sanctioned without verifying the eligibility or its conformity with the Development Agreements. The Projects are completed and the Occupancy Certificates are issued without the proper inspection neither carried out by the MCGM officials nor taking pains to verify whether the actual measurement of the constructed areas tally with the final plans submitted.
It is further noticed that upon the completion of the projects, these additional/unauthorized constructions are silently regularized at the last moment by executing the Supplemental Agreements with the Office Bearers of the Societies with green handshakes/offering them handsome rewards.
Further, it is learnt that in many Societies, the Managing Committees, who execute the documents with the Developers, do not possess any legal holding as they have never filed/nor aware of filing the Indemnity Bond in Form M-20 on a Stamp required under Section 73(1AB) and Rule 58A of the Maharashtra Cooperative Societies Act 1960. The members who fail to execute such Bonds within the spicific period are deemed to have vacated his office as a member of the committee and no legal effects can be given to the documents executed by them with the Developers.
The gullible members of the Societies, unaware of the laws and rules, are taken for a ride by the Developers and the satisfied Office Bearers together with their interested associates once the projects are completed and since the members aim to get themselves re-housed in the redeveloped premises and on the other hand, the hidden financial benefits of such unauthorized/additional areas go to the Developers.
There are numerous news clips in various news papers with regard to Mumbai High Court’s reprimanding and lambasting severely the MCGM for violation of Development Control Act & Rules and are instructed to immediately issue the demolition orders to pull down such unauthorized/additional constructions and take stringent action against the erring officials for their lapses. Reference is necessary for the latest news appeared in Times City of Times of India Dated 12th Sept.2008-Illegal Constructions: HC blasts MCGM and MHADA for illegal and unauthorized constructions on Andheri-Versova- Jogeshwari belt have come under scanner of the Mumbai High Court.
Under the Development Control Rules, it has been stated that in case of unauthorized development, the Commissioner shall - (a) take suitable action which may include demolition of unauthorized works as provided in section 53 of the MRTP Act, 1966 and the relevant provisions of the Mumbai Municipal Corporation Act, 1888 and shall take suitable action against the licensed technical person or the architect concerned.
Upholding the law for the welfare of the community is more valuable for society than extra heap of cement and concrete. Plenty of judgments are overlooked by greedy Developers to earn extra money.
The members of the Cooperative Housing Societies in Mumbai are required to be vigilant while handing over their Societies for redevelopment to such Developers who, by rewarding the Office Bearers and their associates, carry out the unauthorized/additional constructions for their hidden financial gains which they are not entitled to. When unauthorized constructions beyond the laws are the statutory norms of such Developers rather than the exception to the rules, the strict laws of the land have always to be upheld by taking stern actions under the laws.
Dilip Shah, Andheri West, Mumbai.
|SHIVSHANKAR DAMANI||SUBJECT:- :_ Flagrant Violations of State Laws and Financial Scam in the Redevelopment Project Scam of Refinery View CHS Ltd, by Black Listed Builders of Supreme Court & BMC Mumbai. Patel Engineering Ltd , Plot no 62/63,Maroli Church R C Marg,Chembur,Mumbai-400074. LIST OF DETAILS:- NO Survey of flat area carried out before signing and registering the DA. Society Plot area measurement flat carpet area and plot area not certified by society’s Architect & Advocate. ‘No Architect appointed by the society. No proactive participation of responsible parties. Discrimination among own society members. No genuine certified advice from PMC- Advocate. Managing Committee & architect No Transparency No general body meeting was called and ever held for the approval of D.A No Protection available under any state Law. Developer friendly DA & not society friendly. Supreme court of India and High court and Co-op court have given judgments to protect the legal rights & financial rights of society members totally ignored by the MC. Approval of Patel eng ltd on 07.05.2011 in the society office in presence of Mr.Yellary office Dy Registrar M ward 1st draft copy of DA send time in july 2011 discussed with in MC .DA rejected as sent by Patel Eng Ltd around 20pts of clarification were needed This DA discussed in AGM on 15.8.2011 house rejected this DA. Then came 2nd DA and then 3rd DA boths were rejected. 4th DA came sent to society members some times in January /Feb 2012 members were informed that they can send queries. Answer on the queries came copies of this send to Society Members On 01.4.2012 SGM held in society to discuss layout plan send by Patel Eng Ltd . Plan 2 approved .PMC & ADV & Kunal Lala Rep. Patel Eng Ltd were present circular send to society members does not give any information on plan 2 On 07.06.2012 consent taken from some members on approval of DA on plain paper typed ( This copy was given to us by Dr.Kgandagale Pune) On 10.07.2012 DA signed & registered by the illegal M.C. On 01.04.2012 2 Members resigned – 2memebrs were coopted so now there are total 4 coopted members in 7 members committee . This formation of MC declared as violation of sec 129 MSc 1960 by Dy Registrar M ward investigation report dt___ and Addl Regsitrar Pune Dr Khandagale investigated report Dt 25TH July 2013 The contents of this New DA were found to be totally different from the contents of Tender documents & copy of the 4th DA sent to society members DA Tainted – Doctored Tempered and altered Complaints lodged to various Govt authorities from time to time Complaint against increase in area of secretary and Adv Jagtap registered with Dy registrar-M Ward 08.2.2012 Adv N Jagtap in presence of Dr Khandagale.Pune confirmed that he is only representing 7 MC members All society members had contributed toward his payments . On 1st week Nov 2012 50% corpus distributed to some society members indemnity bond was signed by these members. No SGM was called for to discuss the contents of the indemnity bond.Even while the final hearing had not concluded with Addl Registrar Pune . Aggrieved members who were lodging complaints Were declared on anti-social elements these members lodged complaint at RCF Police station,Chembur,Mumbai-400074 The MC hid the fact that the builder Patel Eng ltd is Blacklisted by Supreme Court of India and other govt agencies including BMC –Mumbai for financial golmal. The 5 year Term of the illegal managing committee expired on 8.6.2013. from 9.6.2013 this M.C is simply caretaker MC with no powers to take any redevelopment decisions as per the information from the Federation of Co-op Societies ,Vikas building,Fort,Mumbai. No election have been held from 9.6.2013. On 18.1.2014 new plan very different from the plan 2 of 01.4.2012 was gotten approved in the SGM held at chembur Gymkhana AT around 8pm. No discussion of signed DA. No Architect . No feasibility report. Not honoring government regulatory order. Not honouring Supreme Court & High court Judgments on Redevelopment . Financial fraud and area fraud on fungible FSI. irrevocable license & Irrevocable POA given to builder which is against state laws no discussion held as required under section 79 (A) . misrepresentation of flats area in DA, Unfair trade parcties. the draft of all the relevant documents pertaining to the redevelopment process not circulated to all members. Government of Maharashtra notification on 6.1.2012 bearing no MH/MR/South-346/2011-B .The committee members who otherwise will be held responsible to make good the loss u/s.73 (1B) of MSC Act 1960 as they have signed the indemnity bond NO GBM were ever held to discuss every aspect of the work. Flagrant violation of rules & regulation by the builders – PMC & Advocate. On 15.1.2014 letters of complaints on fraud send to MC of the Society – the letter was endorsed by Chairman /Secretary . Till date No reply in writing received The free fungible FSI 35% totally is missing in the registered DA.this area is siphoned and swallowed by the builder. This is against the state laws. & BMC notification and directives under DCR 2012 The extra area offered 25% is totally missing in the plan send to the society members The plot area shown in the plan is less than the plot area shown in the DA. The setback area shown in the plan is less than the setback stated in DA. This set back area benefit this M.C has gifted to the builder. No architect – appointed, no feasibility report ,NO Transparency , NO advocate to represent society members. Signed DA not send to individual members . NO SGM held to discuss DA- distribution of corpus fund and indemnity bond Copies of investigation report received from Dy registrar & Addl registrar not send to society members. illegal levy of charges on Aggrieved members .Managing committee refuses to honour the Dy Registrar M-Ward Judgement on this issues .order dated:_____ Sec 79 (A) violated Sec 73 (1B) violated No procedure followed as per state law-co-op law these have been successfully violated. The society plot area worth around 150 Crores gifted to builder. SGM of 01.4.2012 declared violation of state law violation of 79(A) .Breach of trust and faith Irrecoverable license & Irrecoverable POA –NO General body meeting called to discuss this .This is violation of State laws Co-op Laws and BMC Notification and directives .|
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|Kamlesh Mistry||Can I check the status of the IOD if developer is saying that he has applied for it. if yes then where and how can i check it. i have the cts no. any website for this or any office? this property is in malad east.|
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|Gaurav||Can single shop owner out of 6 shops stop redevelopment of due injustice and less carpet area allocated to him.|
|anoop||can builder start work when co.op. court case is there about general body resulation in the court of law.|
|p. b dhamale||pls let me konw how to file petetion when committee member & adminstrator not file m-20 bond|
|ajay kumar||our soc. is fifteen year old, we are going for redevelopment, are you recoment if yes teel me what are advantages/disadvantages|
|Prasad Ghag||our soc. is 40 year old, we are going for redevelopment, are you recoment to follow 79A rule, if yes teel me what are advantages/disadvantages|