Legal Question in Real Estate Law in India

One collector land was given on lease of 99 years in 1903 and on the said land in 1977 one co-operative society was formed by the tenants.

Two 15 floor buildings were constructed by the tenants without any builder in 1985.

In 2001 new committee of the said society made an agreement with one builder to re-develop the said property to re-habitat remaining tenants.

Meanwhile the lease agreement of 99 years is over in 2002

Builder started the construction in 2002 basis the agreement done between him and society to re-habitat remaining tenants.

Collector have issued the stop work notice to the builder stating that the lease is over in 2002 and not yet re-newed.

Collector also claiming that the said property is under revenew department as the lease of the property is over and hence to start the development on the said land builder has to take collector office permission.

The builder replied to the said notice that there is no need to take the permission from the collector under lease by laws clause no 5 and only intimation needs to be given to collector/BMC. No need to take the permission.

Pls clarify below points

1. Can builder start the re-development work without taking any permission from collector under lease by laws clause no 5 and only on basis of agreement done between builder and society?

2. What is clause no 5 of lease by laws.

1 Answer from Attorneys

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