each tenant shall be rehabilitated and given the carpet area occupied by him for residential purpose in the old building subject to the minimum fixed carpet area of 300 sq ft and/or maximum carpet area up to 753 sq ft free of cost.
Tenancy and redevelopment
I had purchased a tenanted room in Suburbs/Mumbai onMay 2011 of 450 Sqft Carpet, Agreement was Registered & the then Landlord was confirming party to it. I had attached Muncipal assesment bill which showed our area of 450 Sqft in Agreement. Our relative had purchased a smaller room of approx 285 sqft in same building and had registered the agreement. Now New Landlord has come who is also the developer & our building is declared as C1 by BMC & Approx 70 percents tenants has sign the agreement. To pressurize us Developer has filed suit against few tenants including us on ground of non occupency & illegal extention, both false & we have filed our written statement in court. *Developer is going in 33(7A) Scheme.* We have not sign the agreement along with 7 other tenants. *My question is, How much minimum area we should get for 450 Sqft & 285 Sqft Rooms as per new DCR 2034?*
Asked 7 years ago in Property Law
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11 Answers
The Government of Maharashtra had amended the Development Control Rules to enable the tenants to get minimum 300 sq. ft. and maximum 753.50 sq. ft. Carpet Area flats post-redevelopment. This means, a resident member invariably, is entitled to get a minimum of 300 sq. ft. the existing Carpet Area and if the existing Carpet Area occupied is more than 753 sq. ft. Carpet Area, the tenant is entitled to get maximum of 753 sq. ft. Carpet Area only.
As per the modified Development Control Rules, the tenants will also be able to get further additional area up to 35% as Fungible FSI applicable to all sizes of flats i.e. on minimum of Carpet Area of 300 sq.ft, an additional area up to 105 sq.ft aggregating a minimum of 405 sq.ft Carpet Area and an additional area up to 264 sq.ft aggregating a maximum of 1017 sq.ft Carpet Area in lieu of their tenements after redevelopment.
you cannot claim extra area as per DCR 2034. DCR 2034 is not yet implemented
If landlord is developing under 33(7A), then you can only claim the eligible carpet area given in that scheme
if 70% tenants have given their consent, then landlord can seek your eviction
however your rights in the tenanted premises would be preserved even if the building is demolished
landlord will be obligated to provide alternate transit premises and other charges like shifting charges etc
even if you file a suit for claiming extra area, that will fail, as you can only claim under the scheme which is prevalent as at present and not under DCR 2034
The small cause court case will go on for years. It is better to settle
You need to first get the feasibility report from an architect about the said property in which redevlopment will be undertaken. The project management consultant or architect will give you an approximate idea about the area to be received from builder
In case of tenanted building, normally, the landowners provide the existing area of the flat in the new building on ownership basis. There is no provision in any of the law what should be the minimum area of the flat given to the tenants in the Padgi System. Even there is no provision in the law that the tenants should be given ownership rights in the new flat. However, this is the normal practice with all the land owners to provide the ownership of existing flat area to the tenants to get their consent. In case you had a building in south Mumbai and it is a cess building, you would have been covered under Development Control Rules 33(7) wherein each one of the tenants would have been entitled for ownership rights and also minimum 300 sq. ft. carpet area of the flat as the land owners get 3 FSI. In case of suburban tenanted buildings, the same is considered to be private property and is entitled for 1 FSI and 1 TDR leading to construction of only 2 FSI. Therefore, being a tenant you will not get more than what you are presently occupying.
Dear Sir,
The issue to be resolved and clarified by seeing the pleadings of new landlord before the court and your pleadings in the written statement. The court has vast powers to give some concessions and relaxations.
We have tenanted Room of 450 Sqft Carpet. The said building is declared Dilapidated under C1 Category & BMC has cut Water & Electricity. 22 out of 30 Tenants have signed agreement with Landlord cum Developer. 8 Tenants including us have filed a Writ petition in Hon High Court that we should get as per DCR(Development Control Rule), in which BMC is also the party. Developer is Not offering/giving us any extra area/fungible area which he is claiming for us. The matter is pending in Hon HC. Remaining tenants have Room area of 250 Sqft Carpet. Landlord Cum Developer has NOT given 8 tenants any alternate accomodation nor have Signed any agreement for Permanent alternate accomodation. We have also informed the BMC about it with Joint letter & Many individuals letters. After Disconnection of Water & Electric every tenant has vacated the room. *I want to ask* 1)Can Developer go ahead with Demolition of Building without giveing us alternate accomdation & Not signing our agreement? 2)Will BMC issue them any Demolition order/Other permissions, CC when 8 tenants are not given alternate accomodation & their agreement is Not signed which is mandatory on Developer as per DCR 33/7 A before demolition of old building structure.
Asked 7 years ago
developer has to offer you alternate accommodation sign agreement then only demolish the building
2) BMC would insist them to provide copy of agreement signed with tenants , alternative accommodation before issue of CC
1. See you should pray for stay from Hugh court so that he is not able to demolish building pending the petition in high court.
2. See the BMC can issue the permission as suggested above file interim relief application and seek stay against BMC and developer to demolish the building.
1. its not the developer who is proceeding with demolition. It is the BMC which is obliged to demolish the building if it is declared as C1 and likely to collapse and endanger lives of occupants of building and passers by
2. please take out a notice of motion in your writ petition seeking stay against BMC not to issue any permissions unless the developer executes and registers TAAA and PAAA with the remaining tenants
They need to take all permission before vacating you along with providing alternate accomodation to you. It is mandatory as per circular dated 3-1-2009 of Co-operative department of Maharashtra
1. Since there is a dispute pending before court, the developer may not provide alternate accommodation while carrying out demolition and may ask you to approach court for this also.
2. You have to give a written representation to BMC about this and may ask them to stop the developer from demolishing the same before giving alternate accommodation.
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