This housing society was tired of no work being carried out by the developer and finally they decided to go ahead with self redevelopment.
By Varun Singh
A Kandivali based housing society, tired of the developer who wasn’t carrying out the work of redevelopment, finally decided to go ahead with self redevelopment.
The society is named Shriji Apartment CHS ltd, and the project is Gokul Shreeji. The development agreement was signed between the society and the developer Heena High Tech Developers.
The agreement of 2016 was registered in 2017, between the developer and the society. Since the development agreement was signed there was no progress in the project for a period of one and half years,
The society then approached Bombay High Court and during the pendency of the matter the developer terminated the agreement. Finally in the year 2020 the agreement was terminated. In August consent terms was filed between the buyers, the society and the developer.
The Bombay High court, on September 9, 2020 approved the consent terms and also ruled that this could be used for seeking registration with MahaRERA. The society also obtained the consent of 15 out of 19 allottees of the project.
The said consent terms records that the incoming Promoter shall be in absolute peaceful possession of the Project site. It further states that there are allottees in the said Project and save an except the said mentioned allottees all other premises/ flats sanctioned / to be sanctioned are absolutely free from all encumbrances, claims and demands. It also records that the Promoter has not availed any loan nor has created any encumbrances on the Project site.
The said consent terms records that the incoming Promoter shall be entitled to continue with the redevelopment work/ construction in its own name by appointing contractors and other personals as required and shall be entitled to deal and dispose of the premises/ flats to such intending purchasers save and except the units mentioned therein.
The Promoter has submitted an application under section of 15 of RERA act, for transferring/assigning their rights and liabilities in the real estate project being undertaken by them to Shriji Apartment CHS LTD., a Society who are the owners of the Project site. In the consent terms it was specifically mentioned the termination of Development Agreement and that now housing Society shall be carrying out self redevelopment of the Project.
In the final order MahaRERA’s chairman Ajoy Mehta said, “Shriji Aparhnent CHS LTD. is permitted as the new Promoter for the said Project. Needless to say, that Shriji Aparhnent CHS LTD. shall be required to independently comply with all the pending obligations under the provisions of the said Act or the rules and regulations made thereunder, and the pending obligations as per the agreement for sale entered into by the Promoter with the Allottees in the said Project. Further, Shriji Apartment CHS LTD. is also granted an extension of the said Project up to 31.12.2025 to complete the balance construction work and handover possession to all the Allottees of the said Project. Shriji Apartment CHS LTD. is also directed to submit PERT CPM charts about the milestones to be achieved with respect to the completion of the said Project in a time bound manner and also submit quarterly progress reports of achievements of such milestones and/ or delay if any, to MahaRERA, all the Allottees and the AOP of the said Project.”
