• FSI for Gaothan area

My Family and Relatives have 6 properties ranging from 5000 Sq mtr to 400 sq mtr in a Village Goathan in the same area. The total area of all the plots is 10765 Sq mtr. 

Q.1 Can we group all the properties and sell to one Builder for development. 
Q. 2 There are slum dwellers on these plots. Can the builder build a building on one of these plots and move them there under the slum rehabilitation scheme.
Q.3 How much FSI will the builder get. 

Thank you in advance, Hoping to get a response
Al
Asked 4 years ago in Property Law
Religion: Christian

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12 Answers

1) Yes you can group all properties and make a joint venture instead of sell.

2) Yes, he can do if he gets government permission to do under rehabilitation scheme.

3) He may get 1.6 to 4 FSI depends upon particular area and municipalities plus town planning sanctioned by Collector of that particular district.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Joint Venture means 50-50% partnership share of completion of building.

For e.g. If builder construct 100 flats on your land than you will get 50 flats. Here you will be not taking money from builder. You just handover land to him and after completion of project he will handover flats, shops and office etc as per sharing ratio agreement between you and him.

If you require further help I can work on your project and will be your legal advisor in this case.

Over all I have 23 plus of experience in real estate consultancy.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

You can enter into development agreement with builder for development of the 6 plots

2) in respect of one plot which has slums the builder can rehabilitate them or pay them for vacating

3) FSI availability local architect can guide you

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

You can enter into development agreement with builder for development of your plot

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

The FAR/FSI is based on the regulation as defined by the development authority for that particular area.

The consolidation of land can be done and it can be sold jointly to the Builder for development purpose. The Builder has to acquire necessary licences and has to follow development conditions.

Rehabilitation of slum dwellers will also be the part of development and rehabilitation.

Joint venture with the Builder will also be possible you have to see the modernity to get into the joint venture

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. A Development Agreement can be executed between all stake holders and the DEVELOPER, with strategic clauses, defining the terms & conditions, relating to Monetary & Property benefits, to individual stake holders. Tentative FSI of 2.5 would be possible, depending on the exact location /road/ other parameters of the land.

2. IF major portion of the property/s is encroached upon by Slum, THEN with mutual consent of the slum dwellers, property can be developed and accommodated, even via the SRA route (which is best avoidable).

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear Sir,

Please refer the following;

FSI is very very important in determining the strain, load and quality of life in a given area. The more the FSI, the more the population living in a given area, the more the crowd, the more the traffic, the more the stress on civic services like drainage, parking etc.

Recently,the Govt of Maharashtra gave a Green Signal to the proposal of 4 FSI in Gaothan Areas of Navi Mumbai. FSI is the amount of construction legally permitted on a plot of land. In Navi Mumbai, the current FSI is 1.5 (Max) for 99% of the areas. For the remaining 1% of tender plots, the FSI is just 1. So basically, if the Area of the plot is a 100 square meters, one is allowed to construct a building measuring 150 square meters of Built-Up area. This 150 square meters does not include areas like the lift, staircase, common passages, meter room, pump room, lift room etc.

But this FSI rule has been blatantly flouted in the Gaothan areas (areas in every node where the original inhabitants of Navi Mumbai illegally squatted on govt when their land was taken over by the Govt in 1970’s). Over a period of time, The villagers in connivance with local leaders and Municipal officials turned this Gaothan area into a hotbed of illegal construction by constructing full fledged housing complexes on the plots meant for their personal residence, throwing all rules into the dustbin and turning these areas into concrete jungles with nobody to answer to.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1. You all can register a deed of Amalgamation for all the said pieces of land as one single piece of land and jointly sell the same to the builder.

2. The builder will separately deal with those slum dwellers either by rehabilitating them or by paying compensation to them.

3. The FSI will be ordinarily 1.5 but for constructing flats for people of economically weaker section, it can be stretched to 2.5 with approval of appropriate authority.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. Joint venture means developing the land by making construction thereupon jointly.

2. For the said joint venture, a development agreement jointly signed by the land owners and the developer.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. If the plots are contiguous ie located adjacent to each other then they can be amalgamated into one single plot and submitted for redevelopment

2. Yes can be done. You can enter into a joint venture with the builder in which builder will be liable to rehouse slum dwellers in a new building and from remaining FSI build buildings for sale in open market. There can be area sharing between you and builder

3. I guess under the slum act the builder gets FSI of 4

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Gaothan is portion of the land of the village which is ordinarily used for settlement. “Gaothan “or” village site" means the land included within the site of a village, town or city as determined by section 122 of MLR Code. It states that;

It shall be lawful for the Collector or for a survey officer acting under the general or special orders of the State Government, to ascertain and determine what lands are included within the site of any village, town or city and to fix and from time to time, to vary the limits of the site determined as aforesaid, regard being had to all subsisting rights of landholders.

1. If an agricultural holding is situated, within the limits of 200 m. from the existing boundaries of the Gaothan, holder of the land can apply to the collector under Section 44 of MLR Code1966 for conversion of use of land from agricultural purpose to non agricultural purpose under Gaothan Expansion Scheme and can sell the plots/Buildings to the local people. You may have to see the probabilities for that as per the governing law i.e., MRTP act.

2. It do not come under the list of activities for expansion of Gaothan land.

3. First ensure if the same can be converted for the purpose what you are desiring about.

Principles for Gaothan Extension Scheme and regulation of buildings are given in the rule of 1967 of the Bombay Village Panchayat Act.1958. Collector is empowered to grant permission under section 44 of MLR Code.1966 for Gaothan Extension Scheme.

Definition of local people is not given in MLR Code 1966, Bombay Village Panchayat Act.1958 Maharashtra Regional and Town Planning Act, 1966 and in the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947

Where an agricultural holding is situated within the limits of any planning authority, or where Development Control Regulations are made under MRTP Act 1966, Gaothan Expansion Scheme shall be in conformity with the detailed land use provisions of the Development Plan, Planning Proposals, Town Planning Schemes, Layout proposed as a part of the Regional Plan and in accordance with the Development Control Regulations.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

I am talking about Marol Village Andheri East near seven hills Hospital and what do you mean by joint venture.

If the builder is capable of obtaining the proper permissions from collector and the town and country planning authorities then you can enter into a joint venture or joint development agreement with the builder on the terms agreed mutually between both.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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