Uploaded by John Cheekanal

if the developer has not received the IOD and not loaded the required TDR on the plot

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if the developer has not received the IOD and not loaded the required TDR on the plot, then
it would not be permissible for him to construct the proposed structure
2) It depends on the Development Agreement. Generally Society gives an irrevocable Power
of Attorney to Developers to obtain required permissions & construct the building in return for
the new flats & compensation. If there is a breach, the Society / members should sue the
developer in civil court for damages and / or specific performance of the contract
3) It depends on the Development Agreement, if it contained any exit or repudiation clause,
and time line within which the project was to be completed. A society has to issue a notice to
Developer through an Advocate informing it of its intention to cancel the contract, and issue
public notice in the newspapers. Developer is likely to issue a counter-notice defending his
right to redevelop. The matter is likely to land up in court. It is better to have discussion with
Developer if he is still interested in the project, or whether he is facing financial or other
problems. If he is agreeable to let another Developer take up the project, he can be part a
percentage of the proceeds by the new Developer.
4) Generally Developers give 2-3 notice for vacating the premise. He is likely to pay 1 year
advance rent for alternate accommodation and shifting charges. Existing persons will have to
vacate within time line, else it would not be possible to demolish the building. This may be
used an excuse if there is delay in project completion.
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