Legal Question in Construction Law in India

Hi, Sir our building has gone under redevelopment by our landlord itself along with the pvt developer, our exisisting area is of around 160sqft carpet with the ht. of 16�feet with mezanine floor (loft) built by us(tenant) only on the 2nd flr(The bldg is an old structure of around 95yrs but not the heritage structure & we are staying there since past 65yrs).Now the landlord(bldr) is giving us 450sqft carpet area in lieu of our rooms, more than 95% tenant have given the consent letter including us. The tenants have signed the agreement taken the cheque for the temporary residing compensation & vacated the premises except us as we have not signed any agreement taken compensation cheque & still have the possesion. Actually the bldr has promised to give extra carpet area (around 600Sqft) in separate negotation but nothing in writing to those who have not given consent as they are very influencial people but they were demanding for 800sqft carpet and that too in the sale bldg in lieu of their exsisting room more or less similar to us. I have heard that�s why they have filed a case or paper work is done to take the stray once the bldr get�s IOD & starts the demolishing the work I don�t know on what grounds. My point that I should also get if not 800sqft atleast 600sqft carpet(in proper confirmation) in special case like those who have not signed the consent , because I m a need person as we are 4Brother�s in a family living jointly in that same single room.

In the agreement done between the bldr & tenant who have signed the agreement the bldr has not attached the MHADA approved floor plan, location plan the agreement is just registered done on Typical plan.The bldr has not got the IOD,CC & he has vacated the premises since past 18monts & No work is yet started, Bldr promised to complete the bldg in 3yrs time.The agreement also says if the necessary permision required from the legal authorities is not done in 4month or any work is not started in 1yrs time the agreement will get terminated & void.

So according to u with ur respected experience what are the legal or any way out any point�s to pressurise the bldr to negotiate with me on my demands so that my family could get the shelter on our heads. Pls guide us(I have also heard that the development proposals earlier stuck is getting cleard very fast 700 proposals already cleared after the new BMC commisioner, so our matter need to be taken a very quick action).Sir I would be very much thankful for ur valued advise & I�ll be glad if our matter needs to meet u in personal with ur valued time with ur fees I�ll be obligued to do it. Waiting for ur postive favourable reply at ur earliest. Thanking u.(email [email protected]).


Asked on 9/27/12, 12:00 am

1 Answer from Attorneys

dear client...........

You can approch the bidr and make an negotiation and settle the matter for 600sqft... do all the agreements on pen and paper and do not go for verble comittment... and do get the agreement registered ...and take the MAP for proposed building and get ur area marked and get it registered....

For any further quiery you can mail me at [email protected]

Read more
Answered on 11/16/12, 10:48 pm


Related Questions & Answers

More Construction Law questions and answers in India