• Landlord pagadi system cessed demolished building redevelopment

Dear Sir

Myself Paras Shetty , was tenant of  Building in Mumbai , Goregaon West. ( Pagadi System Landlordship).  BMC has demolished our cessed building on 13th June'17 i.e.3 MOnths back with help of landlord.  Our registration / agreement was done by our Landlord prior Demolition for 230 square feet Carpet Area which was our existing area. He had promised us rent of 15000 Per Month ( mention in agreement) till new building is formed but he is not paying us any rent till now. Although he had given us 1 lac deposit amount . Neither he has started the work for commencement of the new building. He keeps saying he has applied for CC & shall start the work soon. 

Recently after the building collapse in Bhendi Bazar last week wherein lots of people died ,new policy has come up to give the tenants at least minimum 300 Carpet Area by landlord & rent / alternative accomodation till redevelopment .  Just wanted to know can we fight for 300 square feet carpet area as per new policy of 09.09.17 as we have been given  only 230 carpet area & secondly for rent of INR 15,000 which he is supposed to give us. The property is registered in the name of my Father who is a senior citizen.

Can I fight for 300 Square Feet Carpet Area & secondly for availing rent till the redevelopment is done.

Thanks & Best Regards
Paras Shetty
Asked 2 months ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
You cannot fight for the extra 70 square feet of carpet area, since this new govt. policy of 300 sq. Ft. Was not in existence when the Agreement was signed in between you and your Landlord. However, you may fight to seek 15k per month which as agreed in between you and your Landlord under the Agreement which was signed prior to demolition.
Vibhanshu Srivastava
Advocate, Bangalore
2312 Answers
8 Consultations

4.9 on 5.0

1) you can file complaint against landlord before consumer forum and seek orders to provide 15000 per month as rent as per agreement 

2) also seek orders to direct builder to complete construction within stipulated period 

3) you would be entitled to only 230 square feet area as per your agreement 
Ajay Sethi
Advocate, Mumbai
37900 Answers
2123 Consultations

5.0 on 5.0

Hii, yes you can claim for 300 square feet and plus the rent that is due upon the owner ..
Hemant Chaudhary
Advocate, Gurgaon
1530 Answers
5 Consultations

4.9 on 5.0

As per Development Control Rules 33(7) of Mumbai, in the case of cess building, every tenant who is having less than 300 sq ft carpet area shall be given minimum of 300 sq ft ownership flat and the tenants having 300 to 753 sq. ft area, the existing area. Any area above 753 sq. feet will not be granted to the tenants.

2) You would be entitled to 300 square feet area 

3) RERA would be applicable to redevelopment of ceased buildings 
Ajay Sethi
Advocate, Mumbai
37900 Answers
2123 Consultations

5.0 on 5.0

you can seek 300 square feet flat as per new guidelines framed by state govt for cessed buildings 

2) as per information available on the website redevelopmentofhousingsocieties.blogspot.com/..these guidelines are of 2013 

3) wait for Cc to be issued and plans sanctioned by muncipal corporation 
Ajay Sethi
Advocate, Mumbai
37900 Answers
2123 Consultations

5.0 on 5.0

Can I fight for 300 Square Feet Carpet Area & secondly for availing rent till the redevelopment is done.

As per agreement the landlord/developer is obliged to pay the monthly rental amount as agreed, your father being the tenant and the party to the agreement, can send a legal demand notice for the arrears of rental payment and also for future payments.
The latest policy of allotment of 300 sq. ft may not have an effect to the agreements already made, however you can verify the date of effect of the amendment to the law about its effective date and then proceed with your claim accordingly.
T Kalaiselvan
Advocate, Vellore
27831 Answers
290 Consultations

5.0 on 5.0

1) How to seek orders to direct builder to complete construction within stipulated period. Is there any provision in RERA  / Can we approach RERA in this case ? Is RERA applicable for Pagadi System / Landlordship  Buildings ?

Maharashtra has become the first state to adopt the new RERA (Real Estate Regulation Act) rules that has come into effect and would guard against any exploitation of home buyers by builders.
in case of any violation, you can very well aproach RERA.





2) In Pagadi System old buildings in Mumbai  like ours , I am not really aware but is there any existing guideline or Directive / ruling   that the Landlord has to give a certain minimum area (Say 300 Sq.Ft or 270 Sq Ft  for example Carpet Area).Our agreement was done back in 2016.  

Amended development control rules (DCR) approved by the state government last January grant 35% compensatory floor space index (FSI) free to the rehab component of the redevelopment project. But it is not known if the builder or flat owner will have to pay for the additional space.
Tenants are currently entitled to 300-700 square feet houses free when their buildings are redeveloped. But if the flat is larger than 700 sq ft, builders provide an equivalent area to the tenant in the redevelop-ed property.



T Kalaiselvan
Advocate, Vellore
27831 Answers
290 Consultations

5.0 on 5.0

The latest amendment in this regard says that the tenants are currently entitled to 300 to 700 square feet houses free when their buildings are redeveloped.
f the apartment is 1,000 sq ft, the compensatory FSI will be given on 910 sq ft (minus the 90 sq ft balcony area). Hence, in the redeveloped property, the occupant can receive a new house measuring about 1,228 sq ft. Many cessed buildings built before 1940 do not have balconies.
Tenants of such buildings going in for redevelopment will have their new houses calculated on the entire carpet area of their tenements.
Experts say eligible slum-dwellers entitled to 269 sq ft tenement free, can now demand over 300 sq ft as compensatory FSI is available to the rehab slum building too.
T Kalaiselvan
Advocate, Vellore
27831 Answers
290 Consultations

5.0 on 5.0

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