With around 10,000 buildings in need for redevelopment in Mumbai, a large number of private housing societies do not have conveyance. This leads to problems during redevelopment due to red-tapism and corruption. Lack of transparency among builders, residents and authorities, disputes over flat sizes, relocation terms and timelines are some reasons that lead to delays or projects getting stalled.

To address various problems faced in housing societies, a conference will be held on Saturday at Ravindra Natya Mandir by Woman’s Legal Forum for Housing Societies, jointly with Sahakar Bharati and Mumbai Suburban Housing Federation. Legal experts, officers from the Cooperatives Department, RERA and State Consumer Disputes Redressal Commission will speak on issues related to redevelopment, conveyance, deemed conveyance, MCS Act 1960, and other grievances in housing societies.       

For example, for a building on MHADA land where the landowner is MHADA, at the time of redevelopment, a special general body meeting has to be called in which 51% members have to give consent in writing for redevelopment. Problems arise when management committees (MC) of societies manipulate records to fill a bonafide member’s forms without following transparency.

Thereafter, to appoint a project management consultant (PMC) quotations have to be called. Here too, to cut costs or for ulterior motives, proper procedures are not followed to ascertain if the PMC is  government approved, qualified, experienced with bonafides. Often members lack awareness and tenders favoured by MC are passed unanimously to appoint a PMC, who eventually works for the builder and does not have residents  interest in mind . This is where transparency is required, explained Sunita Godbole, advocate and founder, Woman’s Legal Forum.

Before appointing a PMC,  the various quotations must be shared with members and reasons for choosing PMC must be specified to members. The feasibility report must clearly specify FSI for each flat, the amount of the corpus fund, the rent amount to be paid by builder during redevelopment and so on.

It is the responsibility of members to verify every detail with the MC and not blindly follow it. A separate redevelopment committee other than MC has to be constituted by the annual general body (AGB) which often does not happen.

“At least three tenders need to be called but inviting more tenders is a better option. Only the tender of the favoured builder will be opened to the general body by the MC. Here the fault lies with both the members as well as the society MC. For lack of transparency if a member objects and goes to the court, the court must uphold transparent practises and not sideline the lone member," says Godbole, who is also director and vice-chairperson, Suburban Housing Federation.

Section 79 A of MCS Act, 1960 mandates detailed procedures for redevelopment with upload of all  documents on the society website. These steps should never be compromised to avoid all problems as all expenses incurred are reimbursed by the builder. For complaints on violations relating to non-compliance of Section 79 A of the MCS Act, the deputy registar’s office must resolve the issue, remove the MC and appoint an administrator in the housing society, she says, adding that the appointment of the builder is signed in the presence of a representative from the deputy registar’s office, and in several cases here too manipulations take place.    

After redevelopment, it is mandatory for the builder to give conveyance in the name of the society and the purchase agreement must specify the time to hand over the flat to the buyer, parking for the type of vehicles.  

Rahul Patil, president, BrihanMumbai Mumbai Sahakar Bharti, a gazetted pan India non-government organisation, added that redevelopment housing has become a big agenda in a city like Mumbai as it directly affects day-to-day life of people.

Urging women to come forward and participate in management of their housing societies, he said, “We have often observed that housing societies led by women are functioning very smoothly. We encourage more and more women to lead management of their housing societies just as they manage their own homes and not merely confine themselves to Mahila Bachat Gat’s  or Mahila Seva Sanstha’s.”

The conference is open to all but requires compulsory registration here: https://wlhs.iddllp.com/registration/index.php