Legal Question in Real Estate Law in India

D.C.Rule 33 (7)

Sir,

Our building is been redeveloped us 33(7).Since incetive FSI is related to number of tenants,the developer has created fake occupancies either in the name of our family member or some unknown person.Now the developer is giving us the carpet area which covers flower beds,drying yard etc.He is merging this area which computing the area which we have surrender to MHADA.But he is willing to write the actual carpet area in the agreement much more lesser by 25%.Can u tell me what does carpet area means and when i have surrender my 758 sq.feet of area to Mhada,why should i take the area lesser by 25%,incorporated in the agreement and arriving to 758 by merging the Free of FSI area, with my surrender carpet area.How r my rights legally protected.I am still staying in my old building,the developer has already constructed 21 storey building on the plot adjacent to our building,by manuplating and creating fake tenancies/occupancies, which we came to know when we received the document from MHADA,under our application of RIT-2005.We r not vacating our premises under the aforesaid circumstances.What action the developer can take against us in absence of we not surrending the old premises and vise-versa.

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