Legal Question in Real Estate Law in India

This is a very complicated issue but I need help from whatever sources I can find so I am here to ask anyone who can give us in-depth points, facts n figures or a similar case study wherein tenants have won legally against landlords
Here is the issue with 60/63 tenants of a bldg in suburban Mumbai
1) There are 2 Adjacent Plots - lets say plot A and Plot B
2) Person A has Leased both the plots to person B(landlord) in year 1968/70. Landlord constructs a bldg(pagri system) in year 1972 on Plot B and Plot A is PG(as per records till 2003)
3) Landlord in 2007 gives rights to a New Builder to construct Residential Bldg on Plot A(Earlier declared as PG). Can the landlord Sub-lease the plot for residential construction?
4) Can the New builder use existing FSI n TDR of Plot B(bldg still occupied by 60 tenants) for Plot A?
5) Can the New builder use Road of Plot B Bldg for Plot A construction since Plot A doesn't have any other road
6) What Rights does the existing 60 tenants have to stop the construction of bldg on Plot A?

Asked on 2/24/13, 8:36 am

3 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

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Answered on 2/25/13, 2:27 am

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