A book on co-operative societies and redevelopment, co-authored by advocate Vinod C Sampat and advocate Ameet V Mehta is an attempt to make Mumbaikars aware of their housing rights

Aspiring for that place called 'home' is the dream of every Mumbaikar. But, land is at a premium in one of the most expensive cities of the world. The dream, therefore, continues to elude many. Other housing concerns in the city include various redevelopment schemes, which continue to be mired in controversies. In the builder vs. tenants blame game, more often than not, it is the tenants who are at the receiving end. To address these concerns and much more, a book called 'Co-operative Societies guide on Conveyance, Redevelopment and Criminal law-A Common Man's Solution' co-authored by advocate Vinod C Sampat and advocate Ameet V Mehta, was released on September 25, Sunday at Sardar Patel Hall in Goregaon (W).



In a chapter called 'Redevelopment An Overview', the authors write, 'Redevelopment of housing society is usually fraught with acrimony and complaints of high-handedness and corruption against the managing committee. Hence, with a view to ensure transparency in societies seeking to undertake redevelopment projects, the state co-operative department has, for the first time, issued guidelines to follow under section 79(A) of the Maharashtra Co-operatives act, 1960. The guidelines were issued in 2009...According to an important feature in the guidelines a redevelopment scheme can be approved by the general body only if three-fourths of the society members are present at the meeting... The most important guideline is that the development agreement signed with a particular builder cannot be transferred to someone else. Such transfers create a lot of confusion and raise allegations of corruption.'

Registration
About registering a co-operative housing society (CHS), authors write, 'Firstly, to register a society, a chief promoter needs to be elected in a meeting of the promoters. Generally the 'flat owners' type of cooperative society the builder has first right to act as the chief promoter. The builder or the flat purchasers should first call a meeting of the promoters by issuing a notice for the agenda of the meeting. The notice given to the promoters should be given at least 14 days prior to the meeting. The chief promoter elected in such a meeting can exercise powers and carry out such functions as mentioned in the minutes of the promoters of the proposed cooperative society. Once the chief promoter is elected the promoters should decide upon the name of the proposed cooperative housing society. This should be accompanied with the signatures of at least ten promoters who have attended the meeting. After the allotment of the society's name, the registrar gives the permission to open a bank account in the name of society...'


After Landslide: BMC workers clear the debris caused by the landslide
on August 28 at Subhadra mansion in Walkeshwar. Residents complained
that a swimming pool was illegally constructed on top of a hillock,
which resulted in the landslide.

Aware
Often the public is unaware of simple terms like SRA, FSI, etcetera. The writers have, defined SRA as, 'Slum Rehabilitation Authority. SRA launched Slum Rehabilitation Scheme (SRS) in 1995. As the full form suggests, it is simply an authority formed by Government of India for rehabilitation of the people living in slums and inhuman conditions. The TDR (transfer of development rights) policy was launched in 1991 to decongest the island city. Owners whose plots were reserved for playgrounds, markets and gardens, or whose land was needed for road widening could surrender their land to the BMC and get an equivalent amount of space in the suburbs. In 1997, slum TDR was introduced, wherein the FSI in slum redevelopment schemes was increased. FSI (Floor Space Index) refers to the buildable area on a plot of land. An FSI of 1 means the area of construction should be equal to the area of the plot...The FSI for Mumbai's suburbs was 1, but the state government had subsequently increased it to 1.33...'

Duties
The authors further write, ''The consumer court has directed builders to pay compensation to flat purchasers, if they fail to complete their statutory obligations. It is the duty of the builders to: Give statements of accounts; Submit the building's completion certificate; Execute the conveyance of property, in favour of the cooperative society and Hand over the original documents of title and property, to the society.u00a0 As per the provisions of the MOF Act, the builder/promoter has no right to accept more than 20 per cent of the sale price, before executing a written agreement...'


Objection: Residents of a chawl in Khar (E) protest against demolition

Mehta and Sampat acknowledge that unauthorised activities are a common problem in Mumbai. About unauthorised activities by CHS members, the authors write, 'Unauthorised activities are a common problem, vis-a vis commercial spaces in cooperative housing societies. Such acts may be in the form of unauthorised constructions and encroachments into the premises in front of the shops (the market value of which maybe in lakhs of rupees), by the shopkeepers. The society's office bearers may allot car parking/scooter parking facility to members. In front of one's shop, conditional to civic clearance. It is important to remember that the society does not lose its right on the immovable property that may be used illegally, by the shopkeeper...'

Providing Solutions
The writers define conveyance as, 'Transfer of title to property from one person to another or the document by which a property transfer is affected.' The authors have also dealt with various problems and queries, which are often raised by tenants, in a question answer format. For example--

Conveyances
Q: What is the meaning of deemed Conveyance?
The Promoter (Builder/Developer) is legally required to convey the land and the building within 4 months of the formation to the society or any legal body of the flat purchasers. However, it has been the experience that many promoters have not conveyed the land and building to the legal bodies. Therefore, government has amended the Maharashtra Ownership Flats Act, 1963 (MOFA) and provided for the deemed conveyance in favour of the legal bodies...