A. A.

ESTATES PRIVATE LIMITED

[RNA Corp. Group Company]
RNAJ
S2BE·.a.,

,- - - - - - - - - - REALESTATEDEVELOPERS - - - - - - - - -
Admn. Office : 1, 'Rajkamal', Opp. University Campus, C.S.T. Road, Kalina , Mumbai - 400 098.
Tel. : 6726 9000, Fax : 2665 5644. E-mail : info@ccilag.com

Date - 09.05.2022

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Resident Executive Engineer/ Mumbai Board,
Room no. 407, 3rd floor,
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Griha Nirman Bhavan,
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Bandra East, Mumbai 400051.

Sub: Reply to Show Cause Notice bearing No. CO/MB/REE/NOC/F-148/985/2022

dated 22.04.2022 received for Building Nos. 1 to 9 Sunder Nagar CHS, Matoshri
CHS, Siddhesh CHS along with OB 1 and 2 known as Sunder Nagar Co-
operative Housing Society Union Ltd. bearing CTS No. 4853, 4853/1 to 85, 87, 88
(pt) at Village Kole Kalyan, Mumbai.

Dear Sir,

This has reference to the above referred show cause notice dated 22.04.2022 received by
us on 28.05.2022.

Before replying to the show cause notice issued by your good self, we would like to
bring to your notice certain facts as under.

I. The said Project is an amalgamated development project comprising of 11 Co-

operative Housing Societies and one Shri Sai Seva Kamgar Chawl Rahivashi
Sangh. The 11 Societies and the Chawl comprised of 315 existing members. By
separate development agreements executed with each of the Societies and the
Chawl, we were appointed as the developer of the plots on which the Societies
and the Chawl stood. Under the agreements, it was provided that the said plots
would be pooled together and be redeveloped jointly as one amalgamated
plot/project.

2. The development of the said Project includes Rehab Building Wings A to E, Sale
Wings A to E , Phase I, (under construction) intcralia wherein, and Sale Wings F
to G , Phase II. As regards to the status of the rehab obligation, we have
constructed Rehab Building Wings B, C, D and E. The construction of Wing A in
the Rehab Building is ongoing for which the entire building plans have been
approved. With regard to Sale Wings A to E, Phase I, (wherein we have sold 184
flats to the third-party purchasers) we have constructed 5 levels of Basement of
Wings A and E and Stilt plus four levels construction of Sale Wings. A and D

Head Office: RNA Corporate Park, Next to Collector's Office, Kalanagar, Sandra (E), Mumbai - 400051.
 respec:ively, Stilt plus four levels + 5th level (pt) of Wings B and C respectively
and plinth work of Wing E are ongoing. Sale Wings F to G - Phase Il,

3- The delay, if any is two - fold i.e. (i) there has been drastic changes in the
policies for redevelopment coupled with delay in issuance of approvals and (ii)
constant hindrances and obstructions from the members of the society who have
filed proceedings in various Courts.

We shall now deal with the contents of your notice and in particular the Conditions
referred to therein.

In reference to Condition No. 2, we state that we have at all times obtained the
necessary approvals and more particularly the plans were approved by the MCGM first
on CE/2216/WS/AH vide IOD no dated 07.09.2006 and IOD no. CE/2217/WS/AH dated
07.09.2006 prior to our having commenced the work at the said Property and thereafter
as per the stages of work and release of further FSI from MHADA further amended
plans were obtained by us on 08.12.2009, 07.01.2011, 06.05.2011, 21.06.2011 and
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22.12.2016. Further, the Commencement Certificate was first received on 30 March
2007 and the same has been revalidated and extended from time to time on 15.01.2008,
02.06.2008, 06.03.2010, 11.03.2010, 07.05.2010, 11.01.2011, 24.06.2011, 26.11.2012, 16.01.2018
and 08.02.2018. A copy of the IOD, last amended plan letter and up to date
commencement certificates is annexed hereto and marked as Annexure A

In reference to Condition No. 22, an intimation was sent to MHADA when the work
commenced and your good self has been apprised from time to time and the same can be
seen in the internal notes of MHADA.

In reference to Condition No. 23, substantial portion of the said Project is already
completed as can be seen in photos annexed hereto and marked as Annexure B. Out of
the Rehab Building's being Wings A - E, Wings B - E have already been completed and
handed over and 255 members out of 315 members have already been rehabilitated and
possession of their flats have already been handed over. The construction of Wing A
(full approval received) of the Rehab Building is currently ongoing along with the
construction of Sale Wings A - E being the Sale Buildings. The construction and
completion of the work has slowed down on account of the refusal of payments on the
part of the members/purchasers. With respect to the completion of the said Project the
RERA completion date is 2th August 2023.

In addition to the aforesaid, the delay, if any cannot be attributed to us. We state that
your good self ought to be aware of the status of the said Project as correspondence is
being exchanged in respect of FSI for the said Project as also MHADA has been
entangled into legal proceedings by the members of the society of the said Project.
Pertinently, MHADA is also a party in these proceedings and is fu~y a~~re _of t~e
reasons for delay in the present matter. The following is the list of ongomg liuganons m
which MHADA is also a party.
/

Sr.
No. Name of the Party Case No.
1 Sundernagar Sidesh CHS Ltd. Commercial Suit No.597/ 2017
Versus with
A.A Estate Pvt. Ltd. Notice of Motion No.503 /2017
with
Notice of Motion No.2023/
2018
2 Sundernagar Union C.H.S. and A. A. Estates Writ Petition (L) No.545/2017
Versus
State of Maharashtra

3 Sunder Nagar Co- Operative Housing Writ Petition No.2826/2016

Societies Union Ltd.&: Anr.
Versus
State Of Maharashtra &: 3 Ors.
4 Sunder Nagar Co- Operative Housing Writ Petition No.1454/ 2017
Societies Union Ltd. &: Anr.
Versus
State Of Maharashtra &: 3 Ors.
5 Sundernagar Union C.H.S. and A. A. Estates Writ Petition No.3085/ 2016
Versus
State of Maharashtra

6 Sunder Nagar Co- Operative Housing Soc. Commercial Suit No. 1149/ 2019
and 8 Ors. in
Versus Notice of Motion No.2157/2019
A.A. Estates &: Anr.
9 Anand Dada Chavan Civil Suit No.2186/2010
Versus
A.A Estate Pvt. Ltd. and Other
10 D.G. Panchal Notice of Motion No.828/2018
Versus in
MHADA Civil Suit/ 1719/2009
In addition to the above, there are several other ongomg pending litigations of the
projects list of the same is attached herewith as Annexure C.

Moreover, through the Society, we had applied for NOC from MHADA for further FSI
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for which payments had already Q,_een made on 16 March 2017. We are still awaiting the
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NOC from MHADA. A copy of the application dated 15 February 2018 is annexed
hereto as Anne.xure D. Receipt of the NOC is crucial for further progress of the
construction work of the redevelopment project. We request your good self to look into
the issue and grant the NOC at the earliest.
From the above it can be seen that we have adhered to our obligations in terms of
contract/agreement and the project has got delayed mainly due to changes in the
policies for redevelopment , approval delays and constant hindrances and obstructions
from the various sub judice proceedings in the various Courts. It can be seen from the
photographs that in spite of the above the said Project has progressed substantially.

In view of the aforesaid, it is humbly requested to withdraw the show cause notice. We
are also ready and willing to hold a meeting with your good self to provide your good
self with any other clarifications, details and /or documents.

Thanking you,
Yours faithfully,
For M/s. A. A. Estate Pvt. Ltd.

Encl.: As above.
CC.: Dy. Chief Engineer East/ MB
Executive Engineer, Bandra Division
Chief Officer / MB