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Draft Agreement to be executed by the NOC holder with the eligible tenants / occupants in respect of permanent alternate accommodation

on the properties which are being redeveloped in accordance with the provisions of DCR 33(7), 33(9) of the DCR

AGREEMENT

This Agreement is made and entered at Bombay on this

day of

between ---------------------------------------------------------------------------------------------------- having their office at ---------------------------------------------------------------------------------- hereinafter referred to as Developer/Owner (which expression shall unless it be repugnant to the context or meaning thereof be mean and include their respective heirs, executors, administrators and assigns) of One Part. AND Shri ____________________________ of Mumbai Indian Inhabitant (herein called the tenants/occupants, which expression shall unless it be repugnant to the context or meaning thereof be deemed to mean and include his heirs, executors, administrators and permitted assigns) of the Second Part.

WHEREAS

the

property

situated

at

______________________________________ is a cessed property herein more particularly described in the Schedule hereto and shown on the plan annexed

hereto as Annexure "____" by red colour boundary line (hereinafter referred to as the said property);

WHEREAS the Owner along with the Developers with the consent of the tenants/occupants desires to redevelop this property in accordance with the provisions of DCR 33(7), 33(9) of the DCR and for that purpose desires to approach to the MHADA/MBRRB for No Objection Certificate for the purpose of redevelopment;

WHEREAS the representative of the MBRRB has visited and inspected the site property and certified the name of the tenants/occupants as eligible tenant;

WHEREAS the Owner/Developer has prepared a plan for the purpose of redevelopment of the building which is duly approved by the BMC. Whereas the Developer and Owner has explained the plan to all the tenants/occupants and also earmarked the tenements for them in the plan approved by the BMC;

WHEREAS considering all aspects MBRRB has issued No Objection Certificate in accordance with the provisions of DCR 33(7) to the Developer and as per the terms and conditions of the NOC the Developer is under obligation to enter into Agreement with the tenants/occupants;

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1.

The recitals set out hereinabove, shall be deemed to form an integral and operative part of this Agreement.

2.

The tenant/occupier is in occupation of an area admeasuring __________ sq.mtrs. (carpet area) in the form of Room No.________ on _________ floor in Chawl No.____________known as _____________ on the said property which premises are shown on the plan hereto and marked Annexure F hereinafter the said room is referred to as the original premises.

3.

The tenant/occupant state and declare and record having signed and executed the letter of Irrevocable consent as required by MHADA on ____________ and the same was reaffirmed on ________________ states and declares that the consent is binding on him having been given the same freely and without any pressure.

4.

The tenant record, declare and confirm that the tenants have seen, read, perused and understood all the documents and scheme of redevelopment taken by the Developer.

5.

In consideration of the aforesaid agreement on the part of tenant/occupant the developer do hereby agree and covenant that they shall grant to the tenant/occupant free of cost in lieu of old tenanted premises occupied by the tenant/occupant as per provisions of revised DCR 33(9) read with 33(7) in the newly constructed building namely Flat No._______ admeasuring an area of _______ sq.mtrs. (carpet area) on __________ floor and as shown in the plan of residential premises which is attached herewith as ANNEXURE on permanent and on ownership basis, (hereinafter called THE

SAID NEW PREMISES) as permanent alternate accommodation. The Tenant/Occupant confirms that the measurement shown on the plan are of carpet area of his premises.

OR The premises as may be decided by the Committee of Bhadekaru Sangh by conducting amongst tenants/occupants a lot system also. The tenant/occupant agrees and undertakes to abide by the decision of such committee and shall not be entitled to raise any objection whatsoever.

6.

The Developer shall pay appropriate corpus fund for the purpose of maintenance and other charges for a period of not less than 10 years.

7.

The Developers shall carry out and complete the work of construction of the proposed new building for tenants and procure within 24 months of commencement of construction work the occupation certificate or the completion certificate in respect thereof in accordance with the provisions of agreement dated __________. The Developers shall forthwith on such completion give intimation of the same to the Tenant/Occupant as also to MHADA. The possession of THE SAID NEW PREMISES will be handed over by

The Developers to MHADA authorities in terms of the agreement dated _________ who will in turn hand over the same to The Tenant/Occupant against their vacating and handing over vacant and peaceful possession of temporary transit accommodation to The Developers/MHADA by The Tenant/Occupant within 7 days from the intimation without any encroachment or encumbrance thereon which is to be made available to him by The Developers/MHADA. In the event of failure on the part of the tenant/occupant to handover vacant and peaceful possession of the temporary transit

accommodation within 7 days as above stated the tenant/occupant will be liable for losses and damages that may be caused to the Developers.

8.

The Tenant/Occupant hereby confirms, agrees and undertakes to shift in case where no temporary transit accommodation is provided to tenant/occupant into the said new premises allotted to him/her/them on ownership basis free of cost in lieu of his/her/their old tenanted premises within 7 days from the date of receiving intimation from the Developers hereto that his/her/their aforesaid permanent alternate accommodation i.e. the said new premises is ready for occupation and hereby agrees to hand over peaceful and vacant possession of the old tenanted premises/transit accommodation occupied by him/her/them back to the Developers or the MHADA as the case may be without any lien thereon. In the event of failure on the part of the tenant/occupant to handover vacant and peaceful possession of the temporary transit accommodation within 7 days as above stated the tenant/occupant will be liable for losses and damages that may be caused to the Developers.

9(a)

On completion of some of the floors in all respects, The Developers shall provide minimum amenities therein and bring the same in habitable condition as is normally required in the completed building in all respects and on procuring the permission to occupy as temporary accommodation from M.C.G.M. to accommodate the

tenants/occupants in the newly constructed building; the Bhadekaru Sangh may allot the rooms to tenants as if it is a permanent allotment on ownership basis so that on completion of remaining floors and on securing other compliances laid down by M.C.G.M., and on The Developers obtaining final Occupation Certificate from the

M.C.G.M. The Tenant/Occupant will retain the such room allotted to him/her/them as a permanent alternate accommodation i.e. THE SAID NEW PREMISES, to which the tenant/occupant hereby agrees to. The Tenant/Occupant has agreed to shift into such premises as allotted to him/her/them by the Bhadekaru Sangh in the newly constructed building so that vacated old structures can be demolished by the Developers to enable the Developers to complete the work as per the sanctioned layout progressively.

(b)

The Tenant/Occupant hereby undertakes that he/she/they will not object to commissioning and installation of electric heavy duty transformers in the proposed substation for supply of electricity to the newly constructed building/s as may be sanctioned and approved by the concerned authority.

(c)

The Tenant/Occupant hereby agrees, confirms and undertakes that he/she/they will not object for construction of water storage tanks as per the sanctioned plans and as may be approved by the concerned authority.

(d)

The Tenant/Occupant is fully aware that the entire redevelopment scheme is to be completed in a stipulated time and shall extend full co-operation and shall not object to the work being carried out even during late night hours or for vehicles carrying raw material, equipments required for construction work.

10.

The Tenant/Occupant shall also pay the following to The Developers at the time of delivery or prior to taking of possession of THE SAID NEW PREMISES in the new building;

10a) The sum of Rs.______/- as share money for membership for the cooperative housing society limited to be formed of all the existing tenants/occupants and of new tenants in the proposed new building and ;

11.

The Tenant/Occupant as well as The Developers hereby further agree and confirm that neither party shall be entitled to resile from this agreement and The Tenant/Occupant shall not decline to hand over vacant possession of premises which is in his/her/their occupation on any account whatsoever on being offered THE SAID NEW PREMISES being the permanent alternative accommodation as agreed hereunder.

12.

The

Tenant/Occupant

shall

sign

all

the

necessary

papers,

documents, agreements, undertakings etc. as may be required by The Developers, the municipal authorities, competent authority under the Urban Land (Ceiling & Regulations Act 1976, MHADA/MBR&R Board or any other authorities and hereby authorizes The

Developers or their duly authorized agents/architects to get the plans for the proposed new building sanctioned by the Greater Mumbai Municipal Corporation and BH & AD Board and/or to get the scheme

for demolition and re-development duly sanctioned, to commence, carry out and complete the construction of the proposed new building without any hindrance or difficulty and to obtain occupation and completion certificate in respect thereof.

13.

The

Tenant/Occupant

shall

join

with

the

rest

of

the

allottees/purchasers of all the premises in the said building for formation of a co-operative society or company or incorporated body.

14.

The Tenant/Occupant hereby agrees to observe and perform all the rules and regulations which the said Society or incorporated body may adopt at its inception and from time to time for the protection and maintenance of the said building and the premises or portions therein and for the observance and compliance of the building and the premises or portions therein and for the observance and compliance of the building rules and regulations and bye-laws for the time being of the M.C.G.M. or other local authorities and of the Government and other Public Bodies. The Tenant/Occupant to whom THE SAID

NEW PREMISES is given possession of shall abide by, observe and perform all stipulations and conditions laid down by such co-operative Society, regarding occupation and use of THE SAID NEW

PREMISES and shall pay and contribute regularly towards the taxes and/or any nature whatsoever in accordance with the terms and conditions of this Agreement.

15.

The documents for the formation of a co-operative society or Limited Company or incorporated body, the lease/sub-lease of the said property together with the proposed new building thereon and all other documents required to be executed shall be prepared by the advocates and solicitors of the Developers. The out of pocket

expenses as also the costs, charges and expenses for the incorporation and/or registration of such society or a Limited Company or an incorporated body shall be proportionately and on pro-rata basis with other purchaser shall be borne and paid by all such parties and persons including the tenant/occupant who may have agreed to take or acquire premises in the new building.

16.

Any delay or indulgence by The Developers in enforcing any of the terms of this agreement or forbearance or giving of time to The Tenant/Occupant shall not be as a waiver on the part of The Developers of any breach or non compliance of any of the terms and conditions of this agreement by The Tenant/Occupant nor shall such forbearance or giving of time shall in any manner prejudice the rights of The Developers.

17.

The

Tenant/Occupant

has/have

taken

inspection

of

all

the

Documents, of above said plot and other papers relating to the title and development work of the said property and is/are satisfied with the same and that The Tenant/Occupant shall not be entitled to the further investigation of title or raise any objection with regard to any other matter whatsoever.

18.

The Developers hereby declare that the amenities to such alternate accommodation on abovesaid plot shall be as per list annexed hereto and marked ANNEXURE .

19.

This agreement shall to the extent it is mandatory be subject to the provisions of the Maharashtra Ownership Flats Act, 1963, and the Maharashtra Ownership Flats Rules, 1964, and modification,

amendments, re-enactments thereof for the time being in force or any other provisions of law application thereto.

20.

It is agreed that this societys name shall be decided by the mutually.

21.

It is agreed that The Tenant/Occupant shall handover to The Developers the original rent receipts and the Xerox copy of the Ration Card, Xerox copy of electric bill at the time of execution of this agreement if the name of the tenant does not reflect in the records of MHADA.

22.

This agreement is executed in pursuance to the provision of terms & conditions of NOC dated _______ grant by Mumbai Building Repair & Reconstruction Board.

SCHEDULE HEREINABOVE REFERRED TO :

In WITNESS WHEREOF the parties hereto have hereunto set their respective hands and the year first hereinabove written.

SIGNED AND DELIVERED BY THE withinnamed : DEVELOPERS and as authorized by the other co-owners

) ) ) ) )

in the presence of 1. 2.

) ) ) ) )

) ) withinnamed : Tenant/Occupant Shri/Smt.) ) ___________________________________ ) ) in the presence of ) ) 1. ) ) 2. )

SIGNED AND DELIVERED BY THE