Can tenants can instruct to mhada to cancel builder noc for not paying rent and not giving possesion Noc of builder cancell so what can tenants ( ownership society) get benefits from it if a building is ready..... will builder come under pressure if noc get cancelled he also have saleable flats in redevelopment building
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Issue legal notice to builder to pay rentals and deliver possession of flats as per redevelopment agreement signed with builder
2) if he fails to do so complain to consumer for seek orders to direct builder to pay rentals and deliver possession of the flats within stipulated period
3) seek litigation costs and compensation for mental torture undergone by you
4) cancellation of NOC would not help you in recovery of rentals
If noc of builder get cancelled what he loss he will get?
MHADA would direct you to take apppropriate legal proceedings to recover rentals and possession of flats
Write to mhada to direct builder to pay arrears of rent and to handover of possession
If mhada does not act then move high court by filing a writ petition
You can read the terms and conditions of the agreement entered with the builder under the redevelopment project.
You will get answer for all your questions if you peruse the terms and conditions properly.
The conditions are common to both the sides.
Hence violation or breach of contract will make liable to the party doing it.
If noc of builder get cancelled what he loss he will get?
if a developer who holds the no-objection certificate (NOC) for redevelopment of a cessed building doesn't commence work within three years, then the NOC be cancelled.
In cases like this, the housing authority will take over the project. Then, either the Maharashtra Housing And Area Development Authority (MHADA) can complete it or the building committee can appoint a new developer.
The suggestion is that all buildings that have received an NOC from MHADA for redevelopment, and have been demolished, will be taken over by MHADA if no work has started on them.
After taking over the building, MHADA either should redevelop it, or the committee of tenants be allowed to appoint a new developer.
Hi,
It is submitted that your question is not being understood by me. Complete facts are not available here.
A tenant is stranger than this and any intimation by the tenant cannot be considered
1. The query is very ambiguous.Be that as it may, tenants can firstly serve a lawyer's notice to builder to pay rentals agreed and deliver the possession forthwith. If even then builder does not fall in line then tenants can sue him in consumer forum to seek delivery of possession with rentals and litigation cost besides compensation.
2. A representation from tenants to cancel the NOC of builder cannot be acted upon as tenants are free to avail their remedies under the law.
This is my response to you:
1. What NOC is this?
2. Is it the NOC for redevelopment?
3. Tenants can file a formal complaint to the MHADA;
4. If you have grievance then approach the High Court under Writ jurisdiction.
1) If new constructed building is ready than try to take possession of the flat instead of asking rent.
2) Cancellation of builder NOC will not serve your purpose.
