We need legal advice. Is it safe to give MHADA NOC to developers, so they are convinced about our intentions. Can developers file eviction suit if we give NOC for re-development. Also what are options for doing the repairs if the Landlord is not co-operating by giving the NOC for repairs and not assisting tenants. If the tenants go ahead with repairs after obtaining consent from authorities, can they stop repairs work ? Please advice.
On the submission of the Report of the Sukhtankar Committee, the Govt. in the year 1999 amended the Development Control Regulation 33(7). The brief highlights of the amended Development Control Regulation 33(7) are as follows:
In case of redevelopment of 'A' category cessed buildings (constructed before 1940) undertaken by the landlord or Cooperative Housing societies of landlord or occupiers, the total FSI shall be 2.5 of the gross plot area, or the FSI required for rehabilitation of existing occupiers plus 50% incentive FSI, whichever is higher. Under the new policy the developer is assured of at least 50% FSI for free sale. Also the policy enables rehabilitation of all occupants on the same plot, reducing social dislocation.
Self contained flats of minimum 225 sq.ft. and maximum 753 sq.ft. carpet area are given to the old residential tenants/occupants. Shopkeepers are given an area equivalent to their old area.
In case of 'B' category cessed buildings permissible FSI shall be the FSI required for rehabilitation of existing occupiers plus 50% incentive FSI, and so.on.
Though some buildings may belong to 'C' category (may not belong to 'A' or B' categories), they may be so dilapidated and dangerous that their reconstruction is most urgently necessary to this end, the Government has granted additional incentive FSI as per Point No.1 above for redevelopment of buildings of any category declared as dangerous, prior to monsoon of 1997.
A large number of old properties can be better developed by clubbing them together instead of developing each property separately. This leads to lesser congestion and better infrastructure such as internal roads, open spaces, etc.
The Maharashtra Housing and Area Development Authority (MHADA), in the past two months, cancelled the No-Objection Certificates (NOCs) of 18 redevelopment projects for undue delay in execution.
According to a report from Mumbai reported in a press column of a leading newpaper:
We found that the developers had not started any work, and in many cases, after getting NOCs they had not even visited the tenants of the buildings. Then, there were some cases where the redevelopment had not taken off due to differences between the NOC holder and the occupants of the buildings,” said a senior official from MHADA’s repair and reconstruction board.
Thus there are more chances for the developer to cheat you at a later stage and there are plenty of such incidences in the past.
Therefore without making proper enquiry about the builder/developer, you should not venture into NOC in a haste.