The Government of Maharashtra has issued a Circular bearing No. CHS 2007/CR554/14-C, Co-operation, Marketing and Textiles Department Date: 3rd January 2009 contains a directive under Section 79 (A) of Maharashtra Co-operative Societies Act 1960 for all the Co-operative Housing Societies in the State of Maharashtra regarding the Redevelopment of Buildings of Co-operative Housing Societies.
In accordance with the above guidelines and series of meetings of the members of the Society, the Managing Committee elected as per provisions of Bye-Laws and lawfully formed, are required to complete the process of finalizing the selection of the Builder/Developer with common consensuses of the house and thereafter, the members have to tender their irrevocable consent letter as per the format given below.
The irrevocable consent letter has to be signed by the members acknowledging their consent for redevelopment. The letter, as the name suggests, is a written consent given by the members for going ahead with the demolition of their existing building and constructing a new building. They also have to give their consent for moving out of the property and shifting to an alternate accommodation for the duration of the construction period.
Members are required to take a note that the consent once given by them for redevelopment cannot be withdrawn later as the Mumbai High Court, while dismissing the petition in one case, worded that "The objective of redevelopment of old and dilapidated buildings will never be achieved if such withdrawals are taken cognizance of and permitting such withdrawals will also encourage members of societies to use it as a weapon to blackmail Developers” It was further remarked that the belated withdrawal of consent by members is inconsequential."
Formatted by Dilip Shah
Counselor and Analyst for Redevelopment of Housing Societies
CONSENT LETTER FOR RE-DEVELOPMENT OF HOUSING SOCIETIES
- The Chairman
…………… CHS Ltd.
- M/s ……….. Developer
- The Municipal Commissioner, MCGM
Municipal Corporation of Greater Mumbai
Municipal Head Office
Opp. Chhatrapati Shivaji Terminus Railway Station
- The Commissioner, M M R D A
E - Block, MMRDA Building
Bandra Kurla Complex, Bandra (East)
Sub: Re-development of property of ____________ CHS Ltd. Situated at ____________bearing Survey Number __________ CTS No____________
- I am registered member of Co-operative Housing Society named as _____________ (herein after referred to as the “Said Society) entitled to and occupying a residential Flat bearing No.____ admeasuring total carpet area ______sq. ft (hereinafter referred to as the “Said Flat”) in the building known as _________________ situated at_______________
The Said Society is registered with the Register of Co-operative Societies vide its registration number __________ of (Year) at Mumbai. I further state that I am holding ___________ shares of Rs. ______/- each bearing distinctive Nos._______ to ________ (both inclusive) under Certificate No.___________ dated ____________ issued by the Said Society.
- In accordance with the directive under Section 79(A) of Maharashtra Co-operative Societies Act 1960 issued to all the Co-operative Housing Societies in the State of Maharashtra regarding redevelopment of buildings of Co-operative Housing Societies as contained in their circular no. CHS 2007/CR554/14-C dated 3rd January 2009, the said Society, unanimously resolved in its Special General Body Meeting held on ________________that as per the completed formalities of tendering system, M/s _____________ has been shortlisted to assign the redevelopment of the existing old residential building of the Society and will construct new residential building.
- Accordingly, I hereby give my irrevocable consent for redevelopment of the captioned property to be redeveloped by M/s_____________ (herein after referred to as the “Said Developer) in accordance with the present rules and regulations of MMRDA and as per the Development Control Regulations of Mumbai Municipal Corporation.
- I hereby undertake to shift to an alternate accommodation from the date the said Developer intimates to the said Society and the said Society intimates to me for vacating the building to be handed over to the said Developer for demolition and for the purpose of constructing a new residential building on the property of the said Society.
- If the said Developer fails or defaults in maintenance and/or compliance or violates any of the terms and conditions of the Development Agreement proposed to be executed with the said Society, I shall have full rights to redress my grievances and take legal recourse under the applicable law/file a case in any competent court within the jurisdiction of………….against the said Developer (which expression shall unless it be repugnant to the context and meaning thereof be deemed to mean and include his heirs, executors, administrators and assigns).
- I hereby willingly and without any coercion, through this irrevocable consent letter convey and undertake to co-operate with the society, the Developer and /or any other body statutory or otherwise for the purpose of redevelopment of our building and for that purpose I am irrevocably consenting for the demolishment and reconstruction of a new building and am willing to handover the vacant and peaceful possession of my flat bearing number …… on the …….floor of the Said Society or the re-construction.
- I hereby undertake that I am agreeable to the Society appointing the Chairman and Secretary to represent me in all matters concerning the re-development project. I hereby state that I will be bound by the decisions taken in accordance with the directive under Section 79(A) of Maharashtra Co-operative Societies Act 1960 issued to all the Co-operative Housing Societies in the State of Maharashtra regarding redevelopment of buildings of Co-operative Housing Societies as contained in their circular no. CHS 2007/CR554/14-C dated 3rd January 2009.
- I further undertake not raise any objection to the agreed terms and conditions of re-development finalized which will be binding on me and/or my legal heirs, assignees, successors etc. I hereby declare and confirm with the Developer as follows:
- I have purchase the above referred flat on my own and the same is self acquired property and no other person has any nature whatsoever in the above referred flat.
- I have not done/shall not do any act, whereby the Developer may be prevented from entering into the Development Agreement with the Society whereby the right, title and interest of the Developer mentioned under Development Agreement and/or any other document given by the Society to the Developer for re-development.
- I have not made any commitment for sale/transfer of the above flat nor is prevented by any order or injunction of any court or authority or tribunal from transferring the said entitlement to the Developer.
- The irrevocable consent given through this letter is unconditional and binding upon me subject to compliance of the terms and conditions of the Development Agreement as executed between the society and the Developer.
- Subject to the aforementioned contents of this consent letter is binding upon me till the construction of the new building is complete and the Developer handovers the possession to all the members in the new residential building.
Dated this _________________ day of ____________________ 20
In the presence of
Chairman (Mr. M/s.__________________________)
Secretary (Mr. M/s.__________________________ )
(Seal of the Society)