Hi, I want to consult with an advocate. 1. Old 52 chawl no. 2 & 3, Mumbai -400033 is more than 80 years old. 2. There are 72 rooms in these two chawl. 3. This property belongs to Voltas Company 4. We have purchased nearly 1250 sqmt area as per small cause court order for Rs.25000/ per room from Voltas Ltd nearly 25 years back 5. There is a small patra chawl next to Old 52 Chawl no 2 and 3 wherein only 8 persons are tenants .Very few persons are paying the rent to Voltas Ltd. However, some persons have constructed some rooms illegally .It is an encroachment in that place 6. There is one two storey building within the vicinity of Voltas Ltd. There was long legal battle against Voltas Ltd which they lost in the court. However, the residents paid 100 times rent and went in MHADA, Mumbai. They registered their Society namely Poornima Co Op HSG Society and got the property card. Since it is located near the road side, their entire building goes in road widening. The society has received notices to vacate the building. 7. The adjacent area of OLD 52 Chawl no.2 & 3 is not yet purchased from Voltas Ltd Eventhough we have been paying the cess to Voltas Ltd for the last 20-25 years as it is a cess property The Poornima Co Op HSG Society and the Patra Chawl have nothing to do with this property and our purchased property 8. There are some persons who have their rooms in Old 52 Chawl no.2 & 3, Poornima Co Op HSG Society and the Patra Chawl have brought the developer by taking some residents in their hands who are opportunists, held secret meetings with the developer and the lawyer All these persons are staying at other places. They were part of CHAWL Committee of OLD 52 Chawl no 2 & 3. They didn't do anything for more than seven years 9. One fine day, one of them prepared a notice of an annual general meeting dated 20.10.2024 and distributed to all 72 room owners through the coterie to remain present in the meeting 10. On 20.10.2024, nearly 50-60 persons were present. Majority of the residents objected to the existence of the committee as there were no meetings held for more than seven years. There was heated argument on this issue which was getting video recorded. The Chawl committee is not a society as it is not registered. The residents strongly objected to the secretary and other positions of Chawl Committee. However, some more names were added in the Chawl committee of OLD 52 Chawl no 2 & 3. The meeting began with hidden but well planned agenda of the coterie who have vested interest in the property. The Secretary of the Chawl committee informed that they have received a proposal from one builder. The younger son of the President/Chairman of the Chawl committee read that proposal which was in English. The copies of the developer proposal were not distributed to the residents at all. They continued with their hidden agenda and the minutes were written by the elder son of the President/Chairman. The minutes were not read at the end of the meeting as they wanted to write the points which were convenient to them. The critical issues raised by the residents were not mentioned in the minutes Eventhough entire meeting was being video recorded. It was declared in the meeting that the developer is going to show the presentation on 27.10.2024 for which the communication will be sent 11. The residents of OLD 52 Chawl no 2 & 3 were not aware that the developer namely KRYPTON GROUP, Mumbai has sent separate proposal to the Poornima Co Op HSG Society and the Patra Chawl 12. Very shockingly, persons from the Poornima Co Op HSG Society, Patra Chawl and Old 52 Chawl no 2 & 3 gathered at one hall to see the presentation of the developer. It was just an interaction between the Developer,the Architect and the Lawyer to answer the doubts/questions raised by all three different entities. It was not a formal meeting. The residents of OLD 52 Chawl no 2 & 3 were upset with the committee as they organised the presentation of the developer by calling others without knowledge of the residents of OLD 52 CHAWL no 2 & 3 13. The revised offer letter was received by the committee of OLD 52 Chawl no 2 & 3 on 29.10.2024 14. However, the Chairman and the Secretary of OLD 52 CHAWL Rahiwashi Sangh issued an appointment letter dated 2nd November , 2024 to the developer before obtaining consent of the residents of OLD 52 Chawl no 2 & 3 by mentioning the General body meeting held on 27.10.2024 15. Now the consent form and other documents are going to be accepted on 17.11.2024 and therefore an appointment letter issued to the KRYPTON GROUP is arbitrary and illegal as the committee has no executive powers to take any decision without the consent of all 72 owners of OLD 52 Chawl no 2 & 3. The issues raised by some of the residents of OLD 52 Chawl no 2 & 3 were ignored by the committee as the developer does what the main committee members dictate to him with hidden agenda 16. It now claimed by these committee members who have more rooms in Old 52 Chawl no 2 and 3 including their relatives and near and dear ones that they have nearly 51% majority and therefore they can go ahead with redevelopment process. Those room owners who don't sign the consent form and other documents will be dragged to the court and fine of INR 5 lakhs will be imposed by the court to each room owner. Please note that ours is not a registered society. It is just a Chawl committee. 17. The developer wants to reconveyance the property to be purchased from the Voltas Ltd immediately after the conveyance of adjacent area of OLD 52 Chawl no 2 and 3 and the Patra Chawl. 18. What will be the consequences if the said conveyance property in the name of OLD 52 Chawl no 2 & 3 is reconveyanced in the name of the developer? 19. The conveyance of the purchased property will be in the name of OLD 52 Chawl no 2 & 3 only 20. There is a lengthy process to get the Poornima Co Op HSG Society if the high power committee of the Mumbai Municipal Corporation and MHADA approves their proposal 21. How do the residents who are opposing the conspiracy against them by some Committee members protect from all these bottlenecks? 22. Can the Voltas Ltd intervene and help the residents of OLD 52 Chawl no 2 & 3? 23. What legal steps can be taken as the key issues such as increase in Corpus fund, parking to all 72 owners,100% bank guarantee, transit camp etc have not been addressed by the committee of OLD 52 Chawl no 2 and 3 as there is conflict of interest of some of committee members? 24. Any other advice as the developer is giving 580sqft Rera area Awaiting your legal advice Regards, Rajaram Pandurang Thorve 3/17 Old 52 Chawl, T B.Kadan Marg, Kalachowki, Mumbai -400033 Mobile:9004549169 Email: rajaramthorve1966@gmail.com
Dear Client, based upon your question, the residents of old Chawl no. 2 & 3 can challenge the decision which made by chawl committee with the help of any Advocate. because the committee is not registered society so have no such authority to make agreement alone without consent of other room owners. also all the residents can apply for injunction against the developer for restrain further re-development. Hope this advise help you. For more detail discussion feel free contact us.
18. What will be the consequences if the said conveyance property in the name of OLD 52 Chawl no 2 & 3 is reconveyanced in the name of the developer? A18 – If there is reconveyanced in the name of the developer only the land will be in his name and not the chawl rooms. You will have to file a suit in the court for the entire chawl members that without their approval redevelopment cannot take place. 21. How do the residents who are opposing the conspiracy against them by some Committee members protect from all these bottlenecks? A21 – You will have to approach the Court with MA application for the same where you can clear it down that this not a registered committee and society , then you can get a stay on it. 22. Can the Voltas Ltd intervene and help the residents of OLD 52 Chawl no 2 & 3? A22 – Voltas will get paid what the want so the question of helping the residents of OLD 52 Chawl no 2 & 3 does not arise or the other way round all the 72 members go and get the conveyance done from Voltas in your favour. 23. What legal steps can be taken as the key issues such as increase in Corpus fund, parking to all 72 owners,100% bank guarantee, transit camp etc have not been addressed by the committee of OLD 52 Chawl no 2 and 3 as there is conflict of interest of some of committee members? A23 – For the key issues of corpus fund in chawl mostly is not given but you can get transit camp accommodation or fixed monthly rent for 36 months , parking will only depend if you have a current parking space as if you have seen the SRA buildings in Bombay , there is no parking space as such, if the project is done by MHADA or SRA the Bank guarantee is not given to chawl owners but is given to Government body 24. Any other advice as the developer is giving 580sqft Rera area A24 – it will depend on your current FSI and available space for construction in case you have 90 feet road surrounding your chawl . For more details contact us with your entire paperwork
Dear Client, based upon your query, the residents should file an injunctions against the developer from any further proceedings for re development. Additionally the residents can file civil suit as well. for your matter i would suggest for detail discussion to provide best and effective advise. hope this answer help you. For more detail discussion please contact.
Dear Sir, You may please consult local advocate who is more acquainted with local housing laws so that you will get effective legal advise.
