File RTI application and obtain copy of assessment order , sanctioned plans from Muncipal
corporation
Redevelopment of building - carpet area/assement area/approved area
Dear Sir/Madam, We are based in Mumbai and our 1996 building is undergoing redevelopment. The carpet area is 410 Sq Ft but the builder is insisting that the Assessment & Approved are is only 350 Sq Ft. He has offer of 20% on this approved area where in the final flat will again come to only 420 Sq Ft. We will get 1 BHK in return of 1 BHK!! The society management is hell bent on going ahead with redevelopment and says that our building is unsafe and BMC will evict us if we do not go for redevelopment. There is no notice from BMC which says that the building is unsafe and dangerous to live in. Society has definitely failed to negotiate with the builder but there could be some understanding between builder and society members. Is there any way we can find out from BMC, the carpet/Approved/Assessment area? Is there any way to expose this immoral act, legally? Rishi S
Asked 3 years ago in Property Law
Religion: Hindu
10 Answers
- Building became unsafe in 25 years !
On what basis it is unsafe.
- You are claiming that you are getting 1 BHK for 1BHK.
So society members also will be getting as per similar plans.
- Builder is not going to pay cash bribe before approval and there is no point to pay after after approval.
- You file RTI in BMC to find unsafe and vacating order and sanctioned plans.
Thanks for quick response. yes, It all looks shady. Which department we should go and what exactly we should ask for? can this RTI be filed online? Any links you can share.
Asked 3 years ago
To,
The Public Information Officer (PIO),
Assistant Engineer,
Building Proposal Department,
XX Ward (replace XX with the ward applicable to your locality),
Address of the XX Ward.
You can obtain the information by submitting an application through RTI Act to the BMC asking for the details that you desire to have including the details of notice sent if any against this building which is going for redevelopment.
If the BMC's reply is not revealing the information as wrongly informed by the society, then you may file an injunction suit against the society restraining them from proceeding with the proposed redevelopment program until and unless all the issues are clarified by discussing the same with the members in a general meeting of the housing society.
You can submit an application sent by registered post or by courier service to the information officer of the BMC or the competent authority seeking the details.
Subsequently you may proceed with the actions as suggested.
RTI application
Address it to the Public Information officer of the Building proposal department of your ward asking for the sanctioned building plans
The exact address you can find on the BMC website
Court fee stamp of Rs 10 has to be affixed on the application
The application has to be in the prescribed format
Send it by speed post AD
Meanwhile request your society to provide you with a copy of the building plans if it has the same
Pagdi tenants living in non-cessed buildings before June 13, 1996, are eligible for new flats whenever their building is redeveloped. Also, if a tenant has transferred the pagdi system flat in the name of another person after completing the required legal formalities, the new occupant will have equal rights and will be eligible to get accommodation after redevelopment. The new development control and promotion regulations
(DCPR) encourage redevelopment of pagdi system buildings by offering attractive incentives to landlords on basis of the total area required to rehabilitate the existing occupants. After redevelopment, the tenants become flat owners.
Read the 2018 BMC guidelines in this matter. Also file an RTI application.
Dear Sir,
1) As the information needed is form a govt authority, you can simply file an RTI application to find out the information required.
2) You can file the RTI application to the BMC through physical application OR,
3) You can also file RTI application on Maharashtra Govt site -
https://rtionline.maharashtra.gov.in/guidelines.php?request
4) RTI act guarantees that the PIO should respond to an application within 30 days
Thank you
- Since there is no notice from the BMC , then you can lodge a compliant against the society to take the law in their hands without the consent of all members.
- Further, you can enquire the rule from the BMC website as well.
