• DP 2034

Additional fsi generated by dp 2034 should go to society of which conveyance is not done by promoter builder ?
Asked 6 years ago in Constitutional Law

9 answers received in 1 day.

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9 Answers

It would belong to society 

 

2) The Bombay high court  held that the builder or developer, who constructs the society building, cannot take advantage of his own wrong – of not executing conveyance in favour of the society within statutory period – and insist upon utilising the additional FSI.

 

3)The failure and neglect (on the part of the developer) to get the society registered and convey the property would certainly not give any right to the developer to step upon the property or to claim any additional FSI, the court noted. “The FSI belongs to the plot, which must be taken to be conveyed after the statutory period,” Justice Dalvi observed and added, “The FSI would, therefore, be available only to the true owner of the plot (the housing society).”

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes it will go to society. Even additional 15 percent built up per unit will be provided to buildings which are 30 years old

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Yes it should go to society.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Yes it will go to society

Even If conveyance is not done

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

The main focus of DCPR 2034 is affordable housing as it has proposed 10 lakh homes to be built in next 20 years. Apart from this, 3,000 hectares of No-Development Zone (NDZ) has been reserved for building affordable homes which also includes 130 hectares of saltpan land.

The FSI for slum colonies has been increased to 4. For societies older than 30 years, 15 per cent additional built-up area will be allowed for each unit without any premium.

The carpet area of flats for tenants in the mill area has been increased to 405 sq ft. This would majorly benefit those chawls that will undergo redevelopment. 

The DCPR 2034 has come up with a transit policy that will allow regularization of illegal floors. In the past few years, there has been construction in excess of the allotted FSI. Such structures will now be legalized on payment of a penalty.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Government increased the floor space index, or the extent of development allowed on a piece of land, for both commercial and residential buildings. Conveyance to society is not condition precedent to avail benefit.



Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

- Yes, it should go to the Society , even converyance is not done. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

it should go to society.. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes additional FSI will go to society which conveyance have not been done by promoter.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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