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Residents at loggerheads with owner, developer

mumbai Updated: Apr 05, 2011 01:24 IST
Mahim-based society

For the past six years, residents of a Mahim-based society are at loggerheads with the developer and owner of the plot on which their building has been constructed. Reasons: No conveyance deed and construction of towers on two plots originally reserved for gardens.

Located in Mahim east, Our Lady of Vailankanni and Perpetual Succour Society is a 12-storey structure with 112 flats that occupies an area of 2813.10 sq m in Marinagar Colony. A conveyance deed is the document by which the ownership of the land on which the structure is built is transferred from the developer to the buyers.

“While booking the flats in 1993, we were promised three reserved gardens – on an area of 3,200 sq m – as per the plan approved by the corporation. Now, the developer is constructing towers on two of the plots,” said AM Sodder, honourary secretar of the society.

“Under the Maharashtra Ownership Flats Acts and Rules Section 7, the layout of the building disclosed to the purchasers cannot be changed later. By building towers, the developer is encroaching on our open spaces,” said Sodder.

Besides, by shuffling area meant for car parking to garden, members will lose out on the space promised for parking.

“As per the development agreement between the church trust and developer, the property will be conveyed directly by the church to individual societies. But, the church hasn’t reverted,” said Dominic Fernandez, chairman of the society.

The developer, however, has a different opinion. Thomas Rajan, chairman and managing director, Suraj Estate and Developers Pvt Ltd, said, “Redevelopment of five more buildings — each a ground plus 3 structure — belonging to the trust is underway. Once the project is complete, we will be able to sub-divide the plots. Accordingly, conveyance of the respective plots will be given to the housing societies.”

Rajan said, “As per 1991 DC Regulations, gardens and amenity spaces in the layout can be relocated. Accordingly, the layout was amended in 2009. Similarly, in 1991 the plot was developed with an FSI of 1.33, while now the plots are developed under 33/7 that allows 2.5 FSI and permission to reduce the garden area to 8%. The two towers are being constructed using the FSI granted for re-housing the tenants of Quinny House and other 16 ground floor structures in the layout.”

Fr Salvador Rodrigues, managing trustee, St Michael’s Church Trust, said, “We are willing to make the conveyance deed as soon as the entire redevelopment project is completed.”