We are tenants of a redevelopment property. Decree was passed between Tenants & Developers & Landlords in 16/06/2010 where as per Clause No. 34. is as follows
" The Defendants ( Tenants) agree that the Plaintiffs ( Developers) are entitle to utilize and consume the entire FSI and Other Advantages, benefit and privilege of the suit property which may be available at present or in future by way of amendment to rules, regulations, bye-laws and the Defendants hereto give their express, consent and no. objection to the plaintiffs to use and utilize such FSI and other advantages, benefits and privileges as the plaintiffs may deem fit and proper till the Possession of the permanent alternate accommodation is handed over to the Defendants. "
I just wanted to know as of till date the matter is subjudice. We have not entered in to agreement with developer, are we entitle to get benefit of Fungible FSI. ( The developer has Already Sanctioned his Plans by Taking Benefit of Fungible FSI ).
As per above mention clause of Decree can i fight for my right against developer or if developer is not giving me the Fungible FSI Right than developer can take benifit of the same from MCGM
Hope you will guide me with proper advice
Your reply will be highly appreciable.