Legal Question in Civil Litigation in India

FROM

NITIN D. KHAMBE,

A/4 Dilkhush CO-op hsg scty.

j.b.nagar.

andheri (e)

Mumbai 400059

Sub : queries regarding getting of benefit of fungible fsi.

Respected sir,

I am staying at above mentioned address. Our society has decided for redevelopment and done the agreement. Previously builder was decided to give 25% extra area on existing carpet area. Now new dcr has come now he is giving us 25% more i.e. total 50% more on carpet area. I am requesting for the 25% + 35 % under fungible. Please suggest me how much carpet area should I get.

My flat is situated in ground having 275 sq.ft carpet area. Builder has decided us to give 25% area more in carpet area. Our building is 3 floor building and having balcony for each flat except ground floor.

Awaiting for the reply.

Pl suggest me as per new dcr how much more carpet area allowed to get?

Pl. do the needful.

Thanking you ,

Regards,

Nitin D. Khambe.


Asked on 5/04/12, 4:22 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

06.05.2012

Dear Shri Khambe,

Is the land is in the name of your Society ? If it is, according to the new Development Control Rules, Fungible FSI to the extent of 35% for residential development has been allowed with premium. The fungible compensatory area cannot be used for the free sale component and shall be used to give additional area over and above the eligible area to existing members.

It clearly implies from the above that the Developer has to give you a minimum carpet area of 426.25 sq.ft. (25% normal plus 35% Fungible FSI) in the redeveloped building.

You can mail me for any further on-line legal advice at [email protected]

Regards,

Read more
Answered on 5/06/12, 9:18 am


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