Fwd: Deemed Conveyance order and our meeting
Praveen Javali
Dear All,
Pleased to inform that we have got the order for deemed conveyance from DDR office with some points not favourable to us.
Please go through the trailing mail from Minin and let me know your opinion.
Regards,
Praveen Javali
Mobile No. +91 9850784466
From: "Minin Mascarenhas (Hotmail)" <mini...@hotmail.com>
Date: 21 May 2014 11:47
Subject: Deemed Conveyance order and our meeting
To: "Shekhar" <shekha...@yahoo.co.in>, "A1 Wabale" <wve...@gmail.com>, "A3 Ravindra" <ravind...@gmail.com>, "A4 Goyal" <anand...@tatamotors.com>, "Kailash Raut" <kailas...@gmail.com>, "A5 Sanjay" <sdh...@thermaxindia.com>, "A5 Sanjay" <dhad...@gmail.com>, "A6 Bidkar" <bidkar.ru...@gmail.com>, "A7 Kankarej" <ajayk...@gmail.com>, "Shripad Baride" <shripad...@gmail.com>, "A8 Mainkar" <manda...@gmail.com>, "Yashwant Kabade" <yashwan...@fundtech.com>, "B1 Praveen" <prave...@gmail.com>, "B2 Bhatia" <indorep...@yahoo.co.in>, "B2 Bhatia" <ipi...@yahoo.in>
Cc:
Dear Members,
Thanks for making it for the meeting yesterday. I would like to update you about the meeting discussions had yesterday.
Shekhar Joshi read out the order copy of DDR.
Wable explained the order – the land excluding the sale deeds of a) Bungalow plot (1920.93 less green zone 874.87 sqm), b. the amenity space (2034.35 plus open space behind school 792 sqm) and the Green Zone (6750.62 sqm) will come to the federation along with Ganga Skies society.
I explained that the order, which should have been straight forward, has been twisted and made complicate. It depends how one interpret the same. The DDR has made some observations based on the written and oral say submitted by our lawyer, the builder’s lawyer and the Ganga skies lawyer. The point no. 5 of the observation has been given weightage as the same has been related to the final certificate of deemed conveyance.
The point no 5 reads: The opponent no 1 (builder) has stated that he has entered into agreement to sale and according to point no.12 of this agreement the right of all the open spaces, common areas, parking spaces etc lies with the developer and as per the written/oral say submitted by the opponent no.1 the open space near A wing is allotted to A wing, the open space near B wing is allotted to B wing, the open space near Ganga Skies is allotted to Ganga Skies, open space near amenity space is allotted to amenity space and the many parking spaces in A & B wing are allotted to GGIS. The federation has not objected to the parking allotment of GGIS in their written/oral say and hence the same is accepted. The amenities provided in the green zone such as underground water tank, mseb sub station, temple, stp unit etc can be accessed by federation. Also in order use the common entrances and spaces, it will be right to give membership to Goyal Ganga Constructions. However, the as per the approved lay out plan, the land will be in the name of the Federation (along with Ganga Skies society).
Looking at this, the DDR has given indication that the builder will use the parking spaces in A & B wing, continue to use the open space next to amenity space for school. At the same time the land belongs to the federation. This is really confusing. As per the order, we will also have to decide on the membership to the Ganga Skies Society and Goel Ganga Constructions.
We have passed a resolution unanimously that the parking spaces which are vacant in A & B wing, would be allotted by the federation to its needy members as there are many who are parking their four wheelers on the drive ways. The copy of the resolution would be sent to the Society registrar and the DDR. Soon we will send notice to all the members calling for their applications for allotment of the parking spaces.
We have tentatively decided to challenge the DDR’s order of deemed conveyance as there are many loop holes left and the order is biased and favouring the builder. We have asked our members to hold meetings of the individual building committees and explain the deemed conveyance order and get back with the feedback on the future course of action. In case all of them support the idea of challenging the orderin the Hon’ble High Court, we will need the funds and manpower. Once the committee members give the green signal, we will hold the general body meeting in which the approval for future course of action would be taken.
Kind regards,
Minin Mascarenhas
Chairman
Federation of Swarganga
From: Minin Mascarenhas (Hotmail) [mailto:mini...@hotmail.com]
Sent: 19 May 2014 19:02
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Subject: Good news: We have got the order of deemed conveyance.
Dear Members,
Finally today we got the order of our deemed conveyance. I am not completely satisfied with the order but the satisfaction is that the land on which our buildings are standing, will become of the federation.
Attaching the order copy scan for your information.
We have won the first battle. But looks like we will have to challenge the order in high court. Soon the federation will decide on the same.
I take this opportunity to thank all of you for your continued support. Congratulations to all of you!
Regards,
Minin Mascarenhas
Federation of Swarganga
Praveen Javali
Praveen Javali
Dear All,
Since I am out of Pune for official work, unable to call meeting; let me know your opinion on taking this case to high court.
Please respond immediately...
Regards,
Praveen Javali
Mobile No. +91 9850784466
Chetan Borkar
Parag Pande
Sent from my Sony Xperia™ smartphone