Self Redevelopment Seminar/ Presentation 8/6/2018

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Forum for Integrated Redevelopment

Invites you

to a Seminar & Presentation on

SELF RE-DEVELOPMENT

By

Architect Ajit Redkar

of Redkar & Redkar

&

Open Discussion thereafter

On Friday 8^th June 2018 from 7.00 p.m. to 9.00 p.m.

At Sukhdayak Society Hall, Sukhdayak Society, J. B. Nagar,

Andheri (East), MUMBAI 400059.

Draft Development Plan 2014 - 2034

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Word of CAUTION to Housing Societies going for Redevelopment

There have been recently appearing Advertisements in some of the leading newspapers for re-development which is ill timed.

There is utter confusion among the Architects and Developers about the overall implication of the proposed Development Plan 2034 they are themselves not sure whats in store from FSI ranging from 3.5 to 8. You can also see new statement of The Chief Minister and MCGM in the newspapers over the issue.

MCGM have published Notification on 25th February 2015 titled

Revision of Development Plans of Greater Mumbai - Publication of Draft Revised Development Plan 2034 & Draft Development Control Regulation 2034 for Municipal Corporation of Greater Mumbai.

The notification has given 60 days time inviting SUGGESTIONS and/or OBJECTIONS from the members of the public in respect of the said Draft Development Plans of Greater Mumbai (2034) before publication of this notice in the official Government Gazette.

The last date for submitting objection is 24th April 2015 and the MCGM office is already flooded with such objections. Under the current scenario it may take 6 months to a year for clarity as to WHAT IS REALLY GOING TO HAPPEN?

There is utter confusion among the Office Bearers and Members too, where tenders have already been floated and are in the final stage of negotiation with words of 5, 6.5 and 8 FSI floating around against 2.70 earlier leading to fights, doubts and suspicion in meetings. Some of the areas under 5 to 8 FSI are in air funnel zone where such FSI want be practically usable.

Under the above circumstances; What projections can be expected from PMC, What offer can be expected from the developer and What the Office Bearers and members plan to negotiate?

Office Bearers and Members are suggested to hold on the process until there is further clarity on the issue so that transparent and clear re-development process can be adhered to for convenience of both the Managing Committee and the Members. Kindly ensure that your plot is not affected in any way as per the new proposed DP. 

Mohan Chandra

9819011191
8433225151

Forum for Integrated Redevelopment

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Introduction

A new modus operandi by some land lords and developers on disputed/dilapidated structures has come to light. After the crash of Altaf Mansion in Mahim the MCGM has started giving random notices to tenants/residents of buildings considered dilapidated to vacate the premises. While is some cases the apprehension of MCGM is genuine, it has been observed that some land lords and developers with long standing legal disputes with the tenants/residents are unscrupulously conniving with the MCGM officials to get the premises vacated under pretext of such notices even in cases where it is absolutely not necessary to issue such notices and where repair is possible as per the structural report. The electricity and water supply connection is also being disconnected to such buildings and the members are being compelled to vacate the premises who have become helpless without any outside support. This development has necessitated formation of a group to collectively fight and protect the interest of the residents/tenants.  

FORUM FOR INTEGRATED REDEVELOPMENT will take up the cause of such helpless residents/tenants who are suffering at the hands of unscrupulous land lords and developers and are being threatened under the pretext of the recent Notification of obtaining an order to vacate the building. The Forum will include other buildings whose favour the conveyance are pending and are being purposely delayed by land lords/developers with vested interest.

The MCGM officials are only interested in saving their jobs and not keen in taking any concrete steps to resolve the long standing problems of such disputed buildings and their residents.       

A Forum of likeminded Societies/Residents/Tenants/Members is being formed with the following objectives.

Objectives

1.    The Forum will try to make collective representation of all the affected societies/buildings  to the Government, MCGM, Registrar, Courts and other bodies to highlight the grievances of the tenants/residents/members/managing committee of dilapidated buildings/residential societies to find immediate solutions.

2.    The Forum will make collective representation to the Government, MCGM, Registrar, Courts of Law and other bodies for buildings/residential societies where conveyance has not be done.

3.    The Forum will form a Techno Legal team will study all the available documents of the building and try to find the best possible solution.

4.    The forum will try to compile all the necessary documents and obtain the same on behalf of the society/building/tenants/residents/members  from MCGM and other government bodies.

5.    The forum will make individual/collective representation on behalf of the tenants/members to the government bodies to get the conveyance done in favor of the residents/tenants.

6.    The forum will inspect all the available documents and guide residents/tenants on further course of action.

7.    The forum will guide in procuring all documents required for conveyance/deemed conveyance from various government bodies.

8.    The forum will guide residents/tenants on documentation for conveyance/ deemed conveyance.

Mohan Chandra

Mobile 9819011191, 8433225151

Email : redevelopment.forum@gmail.com

'IOD’ – Intimation of Disapproval & ‘CC’ - Commencement Certificate

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In any society under redevelopment members are apprehensive about when to vacate the old buildings, What is IOD? What  is CC? Here is some clarity

In any redevelopment project once the members of the society have approved the plans and layout for the new proposed building submitted by the developers, the same is submitted by the Architects of the developers to the MCGM for approval. On receipt of the plans by the MCGM it will forwarded to its various departments for their approval and remarks. These remarks are compiled together in a letter by MCGM and issued to the Architects for the developers which is called 'Intimation of Disapproval' i.e. ‘IOD’ in short.

Now the IOD may go into numerous pages clearly enumerating conditions that are to be complied with (i) immediately before commencing the work (ii) during the process of construction of the building and (iii) after the process of completion of the new building. Before vacating the premises members should ensure that the developers comply with first part of the IOD i.e.  (i) above and should also ensure that there are no adverse remarks on the layout of their individual and overall plan approved by them.

While on a vacant plot without any structures a ‘CC’ Commencement Certificate is possible immediately in case of redevelopment where plots have existing structures obtaining CC without demolition of the old structure is technically not possible. Because once the plot is free of all structures it is surveyed by MCGM and dimensions of the plots with respect to old available records of MCGM are re-confirmed.

After the new D.C. Rules have come into force from 2012 the MCGM has gradually started taking a cautious approach for all re-development projects and recently it has been observed that they are ensuring that all land records and titles are clear so that members of societies under redevelopment don’t have to suffer due to disputes later.

'Broken Dreams' - Raj Vaibhav CHSL, Yogi Nagar, Borivali West

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The elevation of the proposed Raj Vaibhav building that was supposed to come in place of the old building

Building vacated and cordoned by the Police

This four storied structure was built in 1979, The members signed re-development agreement with one M/s. Sarah Enterprises in 2007 (the news article in the papers states that it is M/s. Navkar Developers). 1 or 2 members are embroiled in dispute with the Society/managing committee. With the development agreement executed in 2007 the work should had commenced in 2008 or 2009 while the dispute definitely delayed the project the structural failure in a 34 year old building is surprising.

Vacated Members on the streets after the structural failure

The dispute and the subsequent structural failure has now brought all the members on street and made them homeless. After another few weeks the issue will be dumped with all other pending files with the BMC and the investigations may take another 1 or 2 years and there is no immediate reprieve in sight to the 64 members.

The above case is not a isolated incident of dispute, it is the story in majority of the societies, a few members will not let their EGO fall even if the building falls. A lesson for us all.

Bombay High Court - Society can boot out erring builder from Redevelopment Deal

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"Society can boot erring builder from Redevelopment deal : HC" This article appeared in Times of India of June 13th 2014 on Ideal Co-operative Housing Society Ltd., Juhu Lane, Andheri (West) the developer is Gorwani Builders.

Copy of High Court Order Available on request

Fresh Notification for Compulsory Structural Audit after Altaf Mansion Crashed on 10th June 2013

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After the Collapse of Altaf Mansion in Mahim on 10th June 2013 fresh notification dated 11th June 2013 for COMPULSORY STRUCTURAL AUDIT appeared in the Mid Day of 12th June 2013.

ET News Item Corpus Fund Not Taxable

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News item in the Economic Times on Judgement by the Income Tax Appellate Tribunal (ITAT) that additional compensation "Corpus Fund" received from builder on redevelopment of project is not taxable.

The above news clipping is just for information, members are requested to consult with their Chartered Accountants and plan their Corpus Fund & Rent and other receipts on redevelopment judiciously.