Slum Rehabilitation Agreement
[Agreement with Individual Hut Holder]
This Slum Rehabilitation Agreement is made and entered into at _______ this____ day of_______, 20___ between M/s. ABC Pvt. Ltd, a Real estate company incorporated under the Companies Act, 1956/2013, having its registered office at____________________, through_____________, a Director of the company duly authorised vide a Board of Directors Resolution No____, dated______, hereinafter, for the sake of brevity, referred to as the “Developers of the first part” (which expression, unless it be repugnant to the context and meaning thereof, shall include their legal representatives, administrators, agents, nominees, executors, liquidators and assigns) and Shri. DEF and Smt. GHI, both adult Indians and legally wedded couple occupying Hut No.____ in the Chawl/Slum known as________________, situate on Final Plot No(s)_______, Village______ Taluka _____, District________, hereinafter, for the sake of brevity, collectively referred to as the “Hut holders of the second part” (which expression, unless it be repugnant to the context and meaning thereof, shall include their legal heirs, administrators, executors and assigns).
WHERAS, aforesaid Final Plot is situate in a slum area and as the slum dwellers occupying the huts situate upon the said Final Plot have come together to form a co-operative housing society under the name & style of _______________ Co-operative Housing Society (Proposed) under the provisions of the Maharashtra Co-operative Societies Act, 1960 vide application no_____ of____ lodged in the office of the Registrar of Co-operative Societies, Maharashtra, ______ Zone, of which society Shri. DEF is a lawful member. Hereinafter, for the sake of brevity, the instant society shall be referred to as the “Proposed Co-operative Society”.
AND WHEREAS, the “Developers of the first part” were desirous of developing the slums and hutment areas situate on the aforestated Final Plot they have approached the “Proposed Co-operative Society” with a proposal for the rehabilitation and redevelopment of the slum areas and have also obtained the necessary sanctions, authorisations and permissions of the Slum Rehabilitation Authority,_______, a Statutory Authority constituted under the Maharashtra Slums Improvement Act, 1971 (hereinafter, for the sake of brevity, referred to as the “Slum Act”) , which is responsible and charged with the duties to improve the living conditions in the notified slum areas as also to execute the rehabilitation and redevelopment scheme/s.
AND WHEREAS, the “Hut holders of the second part” have been occupying Hut No___, situate on the aforesaid Final Plot as more particularly described in the Schedule of Property appended hereto (hereinafter, for the sake of brevity, referred to as the “Said Hut”), since the year_______, and have in their possession the requisite documentary proof/evidence to prove their continuous, peaceful and uninterrupted occupation of the “Said Hut”, besides the Pitch Holder’s Card issued by the____________ Municipal Corporation/Collector/Authority bearing No____, which stands in the name of Shri.DEF and in view thereof the “Hut holders of the second part” are eligible for rehabilitation within the meaning of the “Slum Act”.
AND WHEREAS, after negotiations with the “Proposed Co-operative Society” the said “Developers of the first part” have agreed to allot a permanent alternative tenement in lieu of the existing structure to the “Hut holders of the second part” on certain terms and conditions agreed to by the said hut-holders, which envisage the vacation and peaceful hand-over of the existing structures comprised in the Said Slum to the “Developers of the first part” to enable them to develop the same in accordance with the terms and conditions laid down by the Slums Rehabilitation Authority.
AND WHEREAS, the “Developers of the first part” herein have agreed to allot an alternative permanent accommodation to the “Hut holders of the second part” in lieu of their existing premises in the newly developed building(s), hereinafter, for the sake of brevity, referred to as the “Alternative Tenement” comprising residential tenements to be reconstructed on final plot No(s). _______ at village ________District- ______and whereas the said “Developers of the first part” have agreed to develop the said property in accordance with the rules, regulations and guidelines issued by the government under the “Slum Act” and in conformity with the SRA Scheme, both the parties hereto proceed to execute this Agreement as hereunder:-
NOW THIS SLUM REHABILITATION AGREEMENT WITNESSETH AS HEREUNDER:-
1] The “Developers of the first part” herein shall allot a permanent accommodation admeasuring _______ Sq. Feet (Carpet Area) to the “Hut holders of the second part” in lieu of their existing residential premises free of cost. The “Developers of the first part”’ shall provide all the amenities as listed in Schedule of Amenities enclosed herewith. Until provision of the “Alternative Tenement” by the “Developers of the first part”, the “Hut holders of the second part” shall stay in the provisional transit tenement provided by the “Developers of the first part”, ’which shall be equipped with such basic amenities as are described in the Schedule of Amenities appended hereto. The “Hut holders of the second part” shall bear the electricity charges during and until their stay in the provisional accommodation.
2] The “Developers of the first part” shall get the building plans sanctioned from the concerned authorities in accordance with the provisions of the Building Bye-laws, D.C. Regulations and other relevant rules and regulations for the time being in force.
3] The quality of construction shall be superior and the said “Alternative Tenement” shall be equipped with all the amenities set out in this agreement in conformity with the sanctioned scheme of the Slums Rehabilitation Authority.
4] The “Alternative Tenement” shall be equipped with separate lavatory, bathroom, kitchen and drawing hall. A sketch of the said “Alternative Tenement” is enclosed herewith. Notwithstanding any change in the sanctioned plans necessitated or required by the SRA (if any), the total area of the “Alternative Tenement” (Carpet Area) shall not be less than ____ Sq. Feet.
5] The “Hut holders of the second part” do hereby declare that from today they shall not let out or sell or transfer the “Said Hut” or any part thereof.
6] The “Hut holders of the second part” shall not impede, obstruct or disturb the construction work of the proposed building/buildings and shall not in any manner interfere with the work of the “Developers of the first part” or their workers.
7] The ‘“Developers of the first part” shall complete the work of the proposed building in _____ years from the date of commencement. The construction work shall be commenced from the date set out and sanctioned in the Commencement Certificate issued by the Slums Rehabilitation Authority and the “Developers of the first part” shall commence the work without any interruption and shall not cite any reason for the stoppage of work.
8] The “Hut holders of the second part” hereby agree to accept a permanent alternative accommodation admeasuring ______ Sq. Feet (Carpet Area) that is being provided by the “Developers of the first part”. The new tenement shall be in lieu of the former premises.
9] The “Developers of the first part” shall bear the expenses of Stamp Duty, Registration Fees and all other incidental expenses.
10] At the time of allotment of the permanent “Alternative Tenement” the “Hut holders of the second part” shall not have any preference or priority. A draw shall be held in the presence of the representatives of the residents, the “Developers of the first part” and the advisors to decide the floor or the number of the tenement that would be allotted. The decision in that regard shall be binding on all.
11] As soon as the Slum Rehabilitation Scheme gets Occupation Certificate and other requisite clearance from the Slum Rehabilitation Authority and any other Authority, the “Hut holders of the second part” shall be issued an Allotment Letter, wherein the flat number, floor, wing number and all other details (as per the result of the draw) shall be mentioned in conformity with the sanction of the Slums Rehabilitation Authority or any other government authority.
12] The “Developers of the first part” shall complete the entire construction work of the building/s within a period of ____ years from the date of issue of the Commencement Certificate by the Slums Rehabilitation Authority.
13] The “Developers of the first part” shall construct and provide an office for the “Proposed Co-operative Society” of the allottee hut holders.
14] The terms and conditions of this agreement and the amenities listed in the Schedules below may be varied as per the modifications (if any) of the Slums Rehabilitation Scheme framed by the Slums Rehabilitation Authority.
15] The “Hut holders of the second part” shall not sell the tenement allotted under this agreement for a period of ten years after the execution of this agreement.
SCHEDULE I
Description of Property:-
SCHEDULE- II
List of amenities to be provided in the Permanent Alternative Tenement:-
- Every member shall be allotted a “Alternative Tenement” admeasuring ____ Sq. Feet free of cost.
- The said building(s)’s structure shall be built in R.C.C.
- Every “Alternative Tenement” shall be provided with a separate water and electricity connection.
- Bathroom and toilet shall be equipped with taps.
- As far as possible the hut holders shall be provided with a transit accommodation in the vicinity of their present accommodation.
- On the completion of the building(s), the “Developers of the first part” shall deposit a sum of Rs._____/ (Rs-________Only) per member in a bank account of the “Proposed Co-operative Society” to defray the expenses incurred on the maintenance of the building.
- An office shall be constructed and provided for the purpose of the “Proposed Co-operative Society”.
- A retaining wall shall be constructed around the building(s).
- The external plastering work shall be waterproof.
- The building(s) shall be equipped with storage tanks and a pump room.
- The staircase of the building(s) shall be fitted with wrought iron grill and handrail.
- Every “Alternative Tenement” shall be provided with concealed wiring, a separate electric meter, a plug point in room, a light in the kitchen, a plug and a light each in the sink, toilet and balcony.
- “Alternative Tenement” shall be furnished with mosaic flooring and tiles.
- The building(s) shall be provided with a state-of-the art staircase and high speed lift/s of reputed make.
- The terrace shall be waterproof.
- Kitchen platform in the kitchen shall be provided with marble and glazed tiles as well as steel sink.
- Bathroom and toilet shall be provided with standard quality tiles upto the height of ceiling.
- Entrance door shall be of ___x ___ dimensions and shall have a peep hole and lock etc.
- The internal doors shall be equipped with flush shutter and other gadgets.
- Sliding Windows in aluminum with glass panel shall be provided.
- All wooden works shall be equipped with two coats of paint of a branded company.
- All electric works shall be executed under the guidance of licensed electricians.
- Concealed plumbing, tiling, waterproofing and other sanitary works shall be executed under the supervision of licensed civil engineers.
- A light point in the common passage of every floor .
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SCHEDULE III
Schedule of Basic Amenities to be provided in the Transit Accommodation:-
- A ____ Sq. Feet (Carpet Area) one room tenement of brick masonry walls, equipped with one side window and entrance door of appropriate dimensions.
- A sink of____ x _____ dimensions.
- A bathroom of ____ x _____dimensions.
- A common lavatory of _____ x ______ dimensions for every ____ tenements.
- A ceiling fan and 3 electric points.
- Roof of asbestos corrugated sheet of BIS standard.
IN WITNESS WHEREOF, both the parties hereto have set and subscribed their respective hands to this writing on the day, month and year first mentioned herein before.
Signed, sealed and delivered
by M/s. ABC Pvt Ltd.,
the withinnamed “Developers of the first part”
through their Director Shri_____________, duly
authorised by a Board of Directors Resolution No___,
dated______ , in the presence of Witness:-
Name:-________________
Address:-________________
Sd/
Shri_______________
Director of M/s. ABC Pvt Ltd.
The “Developers of the first part”
Signed, sealed and delivered
by Shri. DEF and Smt. GHI,
the withinnamed “Hut holders of the second part”
in the presence of Witness:-
Name:-________________
Address:-________________
Sd/-
Shri. DEF
Sd/-
Smt. GHI
The “Hut holders of the second part”
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