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Redevelopment of housing societies is usually burdened with bitterness and complaints of high-handedness and corruption against the Managing Committee. Hence, with a view to ensure transparency in societies seeking to undertake redevelopment projects, the state co-operative department has, for the first time, issued guidelines for societies to follow under section 79 (A) of the Maharashtra Co-operatives act, 1960.

The guidelines are issued by a committee comprising the co-operatives commissioner and Cidco chairman pursuant to a deep study of complaints by members of Housing Societies undertaking the redevelopment of their property. According to an important feature in the guidelines, a redevelopment scheme has to be approved by the general body only if three-fourths of the society members are present at the meeting.

The special general body has to approve the bid of the successful bidder in a meeting attended by the registrar. The entire proceedings have to be video-recorded. Once the agreement is accepted in terms of area and corpus fund, it cannot be revised. The successful bidder has to give a bank guarantee equivalent to 20% of the total project cost to show his financial strength, and proof that he will not throw away the project midway.

The Developer has to complete the redevelopment project in two years, or a maximum of three years. The development agreement must be signed on carpet-area basis. Most importantly, if, for some reason, the successful Developer is unable to complete the project, he cannot sell his agreement to another Developer.

It has been often noticed that during the process of redevelopment, the terms of Development Agreements as agreed upon, are later twisted and grossly violated by the Developers and the ground rules of MRTP and DCR by unlawful planning are flouted by constructing additional/unauthorized areas that are beyond the entitlement (i.e. beyond the plot FSI and the TDR/FSI loaded) for their hidden financial gains. The buyers of such unlawful flats/properties land themselves in deals that lead to litigation at a later date.

At times, upon the completion of the Project, there are major inconsistencies and discriminatory features noticed in the approved plans v/s actual layouts, measurements and other aspects in respect of the constructions of residential area and the commercial area which may not be in conformity with the Development Agreement originally executed between the Society and the Developer.

Under Right to Information Act, the Housing Society can procure all the Plans and the related documentary evidences from MCGM duly attested by two Senior Engineers of the Building Proposals Dept. to study the anomalies which exist in execution of the entire redevelopment project even after the occupancy certificate is issued.

It has also been observed that the deviation of vital Rules and Guidelines of MRTP/MCGM/DCR are conveniently overlooked by few corrupt and dishonest but “Sympathetic Officials” of MCGM and the final plans with numerous anomalies so submitted by the said Developer are approved by them without verifying the justifiability or its conformity with the Development Agreement executed with the Society.

Further, it is learnt that in many Societies, the Managing Committees, who execute the documents with the Developers, do not possess any legal holding as they have never filed/nor aware of filing the Indemnity Bond in Form M-20 on a Stamp required under Section 73(1AB) and Rule 58A of the Maharashtra Cooperative Societies Act 1960.

The members who fail to execute such Bonds within the specific period are deemed to have vacated his office as a member of the committee and no legal effects can be given to the documents executed by them with the Developers.


1. Offer letter to the society

2. Terms and conditions with the society

3. Agreement with the society

4. Sanction from MCGM in favour of the society

5. Loading of TDR in the society’s name

6. Obtaining the IOD

7. Shifting of the members

8. Demolition of the building

9. Obtaining the CC

10. Construction of the new building

11. Obtaining the OC

12. Shifting the old members

Offer letter to the society: The Housing Society is required to advertize in 2 leading news papers inviting the sealed tenders from the Developers and a Redevelopment Committee is formed to shortlist atleast 3 Developers on merits and the comparative data is placed before the SPGM for final selection. The selected Developer is informed accordingly and his terms are invited in writing as an Offer letter to the society

Terms and conditions with the society: The first step towards the re-development is agreeing on the basic terms and conditions between the members and the Developer. The broad terms and conditions will include extra area, corpus money, shifting charges, alternate accommodation, time of re-development, amenities in the new building, etc.

Finalizing the plans with members: After due consultation with all the members, the plan will be made to suit the requirements of the existing members and will be approved by them before applying for sanction from MCGM

Agreement with the society: The execution of the development agreement will be done once the above two points have been cleared by both the parties and after the draft copy of the agreement have been approved by the solicitors of both the parties. It is possible to appoint a common solicitor so as to reduce the time in execution of the document

Sanction from MCGM in favour of the society: After the execution of the development agreement, plans are put up for sanction from MCGM with regards to the entire layout as well as the concession plans in favour of TWO FSI (i.e. plot area + TDR purchased from open market). This step makes the society feel safe and confident towards the Develop

Loading of TDR in favour of the society: On receipt of the plans from MCGM approving the loading of TDR, the Developer will purchase the TDR from the open market in the name of the society and get the same deducted and loaded from MCGM. This step is taken with the intention of making the society feel secure about the entire development process

Obtaining the IOD: After the TDR is loaded, the IOD is obtained from the MCGM, the Developer then starts fulfilling all the conditions as mentioned in the IOD before obtaining the Commence Certificat

Shifting of the members: The members will feel lot more confident after the IOD is been obtained from the MCGM towards the entire development of TWO FSI. The members will now shift into their alternate accommodation as a pre-requisite before demolition of the building which is a must before obtaining the CC from MCGM

Demolition of the building: Once the members have shifted into their alternate accommodation, the demolition of the building will take place either all the wings simultaneously or phase wise depending upon the scheme of re-development. Usually about three months are given to the members from the date of execution of the development agreement before asking them to shift to the alternate accommodation

Obtaining the CC: The IOD approval and demolition of the building will be followed by the issue of the CC (plinth level) by the MCGM which shall enable the Developer to start the construction work and after the plinth lines are verified by the MCGM officers, the further CC is granted for the complete building

Construction of the building: The building construction work will began in full earnest as per the approved plans by the MCGM taking into consideration the various safety factors to be considered during the construction work. The quality and the amenities will be provided as per agreed terms and conditions

Obtaining the OC: The last step before the construction work is termed as complete is obtaining the Occupation Certificate enabling the Developer to allot the occupation to the old as well as the new member

Shifting the old members: On receipt of the Occupancy Certificate the Developer can lawfully allow the possession of the flats to be taken over by their owners


1. The Developer to demolish the building existing in the plot and construct new multi storied buildings taking into account the earthquake resistant factors as directed by The Municipal Corporation of Greater Mumbai. The new building should have stilt for car parking and should consist of _____ stories as per approved plans. The final plans are to be prepared after due consultation with the managing committee and understanding their requirements.

2. The Developer shall be responsible to obtain all the necessary approvals from The Municipal Corporation of Greater Mumbai and all other statutory and Government offices and departments which will include:

1.Development Planning Remark or Town Planning Remark:

MCGM (Dev. Dept.)

2. Survey of the entire plot with regards to the area and topography of the plot, existing plot boundary and existing structures (Developer’s Architect)

3.Intimation of Disapproval (IOD): MCGM

4.Property Tax Assessment NOC: MCGM (Assessment Department)

5.Hydraulic Engineer No Objection Certificate: MCGM (Hydraulic


6.Storm Water Drainage No Objection Certificate: MCGM

7.Sewerage No Objection Certificate: MCGM

8.Traffic Deptt. of Municipal Corporation of Greater Mumbai No

Objection Certificate: MCGM

9.Urban Land Ceiling NOC: Competent Authority in Collector's


10. Tree No Objection Certificate: MCGM (Tree Authority)

11.Non-Agricultural Permission: Collector's Office

12.Civil Aviation No Objection Certificate: Airport Authority of India

13.Pest Control No Objection Certificate: MCGM (PCO)

14.MTNL No Objection Certificate: MTNL

15.Chief Fire Officer's No Objection Certificate: Fire Department


16.Commencement Certificate: MCGM

17. Lift Inspection No Objection Certificate:Inspector of Lifts, PW

18. Occupation Certificate (OC):MCGM

19.Water Connection Certificate under section 270A:MCGM

20.Drainage Completion Certificate:MCGM (Water Department)

21.Building Completion Certificate (BCC):MCGM

22.TDR Loading:MCGM

23.Building Demolition Work:Contractor appointed for demolition


24.Soil Testing Report:The Concerned Laboratory

Please ensure to collect all the listed certificates from the Developer/Developer as the same must be with the custody of the Housing Society once the redevelopment of the property is completed and the occupancy certificate is issued by MCGM to rehouse the members.

3. The Developer should provide the following infrastructure after the completion of the re-development work:

a. Complete paving around the building finished with suitable materials

b. Storm Water Drain

c. Sewerage lines

d. Security arrangements

e. Garden and landscaping (wherever possible)

f. Pipe gas line (as per availability)

g. Internet facility (as per availability)

h. Society office

i. Adequate car parking spaces

The Developer has to provide extra areaover and above the existing carpet area to all the members free of cost in the newly constructed building. The flower bed as open balcony area should be provided as permitted by The Municipal Corporation of Greater Mumbai. (Area will be approx sq.fts.)

4.The Developer should pay the society/individual member, a corpus fund of Rs……..towards granting of development rights. The above amount is helpful in paying all outgoings of the existing members in the newly constructed flats. The corpus amount is worked out on the basis of Rs……..per sq.fts on the existing carpet area.

5.The Developer should provide displacement compensation towards temporary alternate accommodation to the affected members during the construction work at the rate of Rs…… per sq.ftson the existing carpet area. The compensation has to be paid from the time the vacant possession is given by the members for demolition till the construction of the new building/s is/are complete and the peaceful possession of the new flats given by the Developer.

6.The society shall accept and admit the prospective/additional flat owners of the newly constructed building/s as members of the society and treat them at par with existing members.

7.The Developer should prepare a tentative layout of the new building which has to be shown to the members as and when required.

8.The Developer may tie up with leading financial institutions and banks and arrange for necessary approvals for housing loans for the existing members and prospective clients.

9.The Developer should complete the entire re-development work within a period of ___ months or as agreed with the Society after all the legal formalities and Municipal approvals are obtained. The initial Municipal approvals will take about three months depending upon the existing rules and regulations governing the re-development work.


Structure:The structure would be designed as Multi Frame Structure of RRC with provisions of Earth Quake resistance features.

Elevation and Planning:Exquisitely designed elevation features may be provided along with careful and detailed planning with plenty of light and ventilation in each rooms and minimum wastage space with proper co-ordination of all rooms. The building may be provided with sand faced plaster on the external face water proofing plaster and chicken mesh should be used as required

Entrance Lobby:The entrance lobby may be elegantly designed with Granite tile and POP false ceiling.

Doors: All the doors should be provided with Marine Flush Doors and CP frame with cover mouldings. The main door must be provided with good quality night latch, safety chain, tower blot and attractive handle. Internal doors may be provided by cylindrical mortise type locks.

Windows:All the windows of rooms and toilets should be provided with marbles frames with designed mouldings. Heavy section powered aluminum sliding windows with 5 mm tinted glass may be provided with imported bearings and fittings.

Plaster of Paris:Beautifully designed cornice has to be provided in living room. Walls of all the rooms to be finished with POP panning and grooves to be provided on top of the skirting

Electric work:All the electric wiring work must be done as per the norms of Reliance Energy using 1/18, 3/20, and 7/20 flexible wires with use of MCB and ELCB for safety of the flat owners. Latest available switches of reputed company must be provided. Extensive electric layout comprising of the following points to be provided:

Spot Lights (living room and bed room)

Tube lights


A.C. (living room and bed room)


Exhaust fans

Aqua guard


Washing machine


T.V. cable

Gas pipe line (if available)


T.V. cable

Gas pipe line (if available)

Plumbing:All the plumbing pipes, fixtures and fittings should be strictly as per IS Norms. CP plumbing fixtures (ESS ESS or JAGUAR) should be be provided in all toilets with matching sanitary ware of reputed company. Plumbing points should comprise of wall mixtures, showers, taps, washing machines and aqua guard.

Flooring and Tiling: Marble or granite or granite flooring should be provided with matching skirting of 3”. Toilets should have full dado height of coloured glaze tiles of reputed company of Indian or imported make with designer borders and motifs.

Kitchen:Granite kitchen platform comprising of cooking and serving platforms may be provided with moulded facia patti and vertical sides. Stainless steel sink has to be provided.

Colour:The entire flat should be painted with Synthetic enamel paint including doors and ceilings. The external walls of the buildings must be painted with good quality cement paint.

Lift:Lift of OTIS/Johnson make may be provided with all the safety features.

Terrace: The terrace should be finished with china chips and high parapet wall with corner lights and water points.

Compound wall and gates: New compound wall should be constructed with proper design and sufficient electric points. M.S. main gate should be provided for safety.

Paving: The entire compound wall should be paved with concrete and finished with heavy duty checkered tiles.

The task of satisfactory completion of redevelopment of any Housing Society and to get back their members in their dream houses is not difficult provided the Office Bearers and the Committee Members are honest and justify their respective posts in the welfare and well being of the members of the Society.

Dilip Shah

Complaint comments  24 Comments     Updated: Share0Tweet0Share0


architecture designs — for disconect internet conaction

i am going to dehli becouse my transfer in dehli. so i will not living here.
And i will use 'gprs' servie in dehli. Hance i have no any problem of internet.

my number is [protected]
my name is Ramesh singh sikarwar

builder-personal name — bed construction

mere just 3 month pahele naya home liya.
lene se pahele bahut achhchha tha...lekin jab mene loan ka apply kiya tha tab mere baju me low rise flate bane us time mere home ka pura florring bigad gaya...... jab meri loan ho gayi uske bad dastavej ban gay phir 1 week ke bad muje home ki key di aur mene jake dekha to uska pura florring bigad gaya tha. mene builder ko bola to woh kuchhchh positive javab nahi de raha he........
to abhi muje kaise complain karni chhahiye aur kah karni chhahiiye yah sugestion chhahiye........

dipak patel
rajkot- gujarat

mm carpet — chque complaint

sir my name is sanjeev kumar dubey my A/c no is [protected]
my cheque no is 456003 on rupees 5226 i am depojit the cheque in c-13 sector-1 noida in punjab national bank on date it 06/02/2010 bank not any answer the question

please help me sir

sanjeev kumar dubey
mobile no-[protected]
G-37 4th floor laxmi nagar near walia nursing
home gali no-02 delhi-110092

Regd.Post Parcel — Non-Receipt of Regd. Post

I have sent one Registered Parcel vide recept N. 3140 dated8-2-2010 from Ambaji Industrial Area,Abu Road-307026 Post Office to Medi Assist India P. Ltd.,F-2,Kailash Plaza,2nd Floor,H-252,Sant Nagar,New Delhi-110065,but same has not been reached so far. Please inform me its status at

Marble — Non-Recept of Regd.Post

I have sent one Registered Post Parcel vide recepit No.3140 dated 8-2-2010,from Ambaji Industrial Area,Abu Road-307 026 (Rajasthan) Post Office to Medi Assist India P. Ltd.,F-2,Kailash Plaza,2nd Floor,H-252,Sant Nagar,East of Kailash,New Delhi-110 065
but same has not reached to its destination so far.
please inform me status of the packet immediately as it contains urgent documents.
Managing committee members are taken decision on behalf of society memebers. They are not following the rules framed by the MCS act and some time on single tender basis the proposal is passed. Onwards it is very difficult to challange or resist by few members even if it is illegal. There should be stirck rule and guideline which has to be follow. Ohterwise the redevelopment work will be the monoploy of managing commitee members. With a single document /act / rule such rash decision is requierd to be stopped. Please provide some solution to this challanging issue.

Also the above calulation Carpet AREA, corpus fund such thing should be availble in hand to all soceity member to understand. The online computerisation information needs to available for such information like property card, 7/12 extact, conveyance of land, area of plot, FSI used, FSI available, TDR loading etc. This will give transperent transaction and freedom to individual soceity members

Booking of a Flat in newly constructed building. — Additional payment

Dear Sir,
I have booked a flat in KDMC judicial area in Dombivli City.
I have booked 1 BHK with open terrace area.
I have also completed the registration work.
The total consideration of the value is fully paid by me as per the agreed and as per the agreement value.
Afterwards builder has altered the plan and changed to get more space and get sanctioned from the municipal authorities.
Accordingly builder has used my 2-3rd area of open terrace and converted in extra one room out of it.
and now the builder is asking extra money for the excess area. and I am not in a position to pay the difference.
Please advice me whether the builder can demand excess money in such circumstances.
Jayantilal Jain
please give the rules & regulation in HIndi / Gujarati, so we can give the copy to all members

Shah Jayesh
That procedure which you have given in the prescribe rules & regulations, many members who do not know the english, so i request you to send the transaction copy in hindi / gujarati

shah jayesh

building developer — old building

re devoplement of old building

sirs, how much area is given for new devoplment of old building in mumbai city

and what is the procedure
what should be the minimum height of flat from flooring to ceiling inside the flat
How much the Share of Builder and Co perative Society Members in Redevelopment areas, out of 100% Redevelpment areas, what is Builder share to make his private Bilding in the plot.
When builder handed over everything to soceity they did not ask for the CC / OC or see the TDR now we have come to know that the building above 3rd floor is illegal no FSI. As well as water connection is illegal now our 3 member sec, chair, treasury says we have to pay ie each flat owner 15lacs to obtain the TDR s the builder is broke no money to pay.And 50, 000/- for penalty charges for using illegal water connection.No one can afford so much.

Our plot was on landlords name he was a good person now no more told the builder not to harass us.We were 18 in number all given the flats by builder.

The soceity threatens us that above 4th floor the BMC will demolish the bldg and will disconnect the water line.

Kindly advise what step do we take. We are in deep trouble.
we would like to have advice for redevelopment procedure form you in personal. Can we get an appointment for the same
CW Property TODAY is Monthly Business Intelligence Magazine for Realty.
We are covering Redevelopment topic in its Jun 2011 issue.
for more details log on to

Municipal Corporation — Cars parked on pavement

Dear Sir/Madam,

I am a resident of Shivaji Park, Road no. 5. We have been facing the problem of people parking their cars on the footpath for a long time now. This is causing a lot of inconvenience, especially to old people who are forced to walk on the road as a result of these cars. This is also a very big problem in the rainy season, we have to walk through flooded roads and muck instead of using the footpath for the purpose it has been made.
Parking on the pavement is illegal and I request you to have these cars towed. It would also be a great help if steel poles are installed at the beginnings and ends of the footpath like it has been done in some areas.

Thank You
our private society has 9 flat type buildings and 2 chawl type buildings .About the existing carpet area consideration for flat type its ok we can find the existing carpet which is about 9 different types. What about the chawl types? will the area which is lockable by that member be his existing carpet or the carpet area of common toilet bath and passage way to reach the toilet and bathroom which is separate than entry to house (from back side) be evenly distributed to the members residing in chawl type? the construction cost for these areas are paid up by the members of that chawl. they are maintaining the area including repairs.
Kindly advise on the same.
Dnyanesh Velankar
Hon. Secretary
The TCHS ltd.
Chunabhatti, Sion.
When a builder bags a redeveloping project, does he have the full authority to sell some of the flats to person other than tenant.If yes then while preparing the agreement, is it necessary for him to do a tri party agreement, with signatures of builder, tenant & new buyer.

Housing Society — Unauthorized water connections

There are few people in our society who have taken unauthorised water connections directly from the main wter pipeline. The chairman & secretary is unable to settle this. Since this is illegal & unauthorised, can you help with whom can we complain to get this fixed.

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