SUDHAKAR M. BACHATE Flat No.206, Second Floor,
B.A.LL.B Nakoda Court, Behind Fiat
Showroom, Near Mangala
‘Theatre, —_Shivajinagar,
Pune 411 005
EXTENSION TO SEARCH AND TITLE INVESTIGATION
REPORT DATED 27/07/2017
My client M/s. SIDDHASHILA DEVELOPERS, a registered Partnership Firm
having it's office at "Siddhashila House", 770/4, Bhandarkar Road, Pune- 411
004 through it's Partner MR. PRITAM VILAS RATHOD, Age 35 Years, Occu-
Agriculture and Business, has requested me to scrutinize and examine the
marketable title in respect of the property described in Paragraph No.2 herein
below mentioned.
DESCRIPTION OF THE PROPERTY:-
All that piece and parcel of the property bearing Survey No.34/2/1
admeasuring 02 Hectare 56.50 Are, Assessment Rs. 01.29 Paise as per 7/12
Extract including area admeasuring 1643.12 Sq. Mtrs. reserved for the
Purpose of 18 Meter Wide Road and area admeasuring 717.12 Sq. Mtrs.
Teserved for the purpose of 30 Meter Wide Road, situated at Village
Punawale, Taluka Mulshi, within the Registration District Pune, Sub-
Registration District Haveli, Taluka Mulshi and within the limits of Pimpri
Chinchwad Muncipal Corporation, Pimpri and the same is bounded as
follows:-
On or towards East: By Marunji Road
On or towards South : By Survey No. 28
On or towards West: By Part of Survey No. 34/2
On or towards North: By Part of Survey No. 34/1Together with all trees, crops, structures, sheds, premises, wells, waterways,
access roads, appurtenances, incidential rights and easements thereto
alongwith right to utilise and claim available FS/TDR and compensation in
respect thereof from the concerned authority
Hereinafter for the sake of brevity and convenience the aforesaid property is
referred to or called as “THE SAID PROPERTY”
. REVISED BUILDING PERMISSIONS :-
Mis. Siddhashila Developers has obtained sanction to the layout and building
plans from Pimpri Chinchwad Municipal Corporation, Pimpri vide
Commencement Certificate bearing No. BP/Punawale/07/2015 dated
24/03/2015. As per the amended provisions of The Maharashtra Land
Revenue Code, 1966 Non Agricultural permission is not required from the
Collectorate with respect to the properties situated in local limits of municipal
corporation but No Objection Certificate for the Occupancy Class of the land
and its assessment is required from the Collectorate, Pune and the
Collectorate, Pune has issued the same by its Order bearing No.
PCMC/PRH/NOC/SR/07/2015 dated 21/05/2015 with respect to the said land
and the said layout and bullding/s plans and thereby permitted the residential
and commercial use of the said property. M/s. Siddhashila Developers has
obtained revised sanction to the layout and building plans from Pimpri
Chinchwad Municipal Corporation, Pimpri vide Commencement Certificate
bearing No. BP/ Punawale/31/2015 dated 16/11/2015. M/s. Siddhashila
Developers has submitted the proposal for obtaining Environmental
Clearance Certificate with the State Level Expert Appraisal Committee,
Department of Environment, Mantralay, Mumbai and the same is obtained
vide Letter/Order bearing No. SEAC-III-2015/CR-56/TC-3 dated 05/11/2015
issued by State Level Environment Impact Assessment Authority. Mis.
Siddhashila Developers has obtained revised sanction to the layout and
building plans from Pimpri Chinchwad Municipal Corporation, Pimpri vide
Commencement Certificate bearing No. BP/Punawale/40/2016 dated13/10/2016. M/s. Siddhashila Developers has further obtained revised }
sanction to the layout and building plans from Pimpri Chinchwad Municipal
Corporation, Pimpri vide Commencement Certificate bearing No.
BP/Punawale/16/2017 dated 31/03/2017. M/s. Siddhashila Developers has
applied for amendment of the aforesaid Environmental Clearance Certificate
and got amended the same vide Letter/Order bearing No.SEAC-2016/C.R.-
424/TC-1 dated 03/06/2017 issued by State Level Environment Impact
Assessment Authority. Thereafter M/s. Siddhashila Developers has further
Obtained revised sanction to the layout and building plans from Pimpri
Chinchwad Municipal Corporation, Pimpri vide Commencement Certificate
bearing No. BP/Punawale/49/2017 dated 17/11/2017.
. TENURE:-
The said property is situated within the limits of Village Punawale, Taluka
Mulshi, within the local limits of Pimpri Chinchwad Municipal Corporation,
Pimpri and as per the sanctioned Development Plan applicable to the
extended limits of Pimpri Chinchwad Municipal Corporation, Pimpri, the
said property is under residential Zone. As per Revenue Record the said
Property is shown as Occupancy Class-1 (Khalsa), free from any
restrictions on alienation as well as conversion form agriculture use to non
agriculture use.
. PRESENT ENCUMBRANCE/SIN RESPECT OF THE SAID PROPERTY:-
By Deed of Simple Mortgage dated 01/12/2015 which is registered in the
office Sub Registrar Haveli No.22 at Serial No.13412/2015 on 01/12/2015
Mis.Siddhashila Developers through its Partners Mr.Vilas Chaganlal Rathod
and Mr.Pritam Vilas Rathod with the consent of Mr.Vilas Chaganlal Rathod
and Mrs.Shubhada Santosh Subhedar, by mortgaging the said property
alongwith all the FSI available and all receivables from sale and units to be
constructed on the said property (except the residential and commercial
salable built area agreed to be given to the owners of the said property as per
Development Agreement dated 17/09/2013 registered in the office of SubRegistrar Haveli No.22 at Serial No.4706/2013) with Housing Development
Finance Corporation Limited have obtained loan.
PRESENT LITIGATION IN RESPECT OF THE SAID PROPERTY:-
Mr.Vilas Chaganlal Rathod and Mrs.Shubhada Santosh Subhedar (The Said
Owners) had filed an appeal against the Mutation Entry No.1566 Village
Punawale before the Sub Divisional Officer Maval, Pune bearing
RTS/Appeal/SR/633/2013. The Sub Divisional Officer Maval has partly
allowed the said appeal and remanded the same to Tahsildar Mulshi for
further inquiry on merits vide its Order dated 14/09/2015. The said owners
had filed an RTS Appeal bearing No.RTS/2/Appeal/116/2016 before Hon'ble |
District Collector, Pune against the said order dated 14/09/2015 for
correction of area in the 7/12 Extract of the said property and the said
appeal has been partly allowed vide an Order dated 14/07/2017 passed by
the Additional Collector, Pune and the matter is remanded to the Tahsildar
Mulshi for correction of the area as per Section 155 of MLRC. In pursuance
of the Order dated 14/07/2017 passed by the Additional District Collector,
Pune in RTS Appeal bearing No.116/2016, the Tahsildar Mulshi (Paud)
initiated proceedings under Case No. HaNo/SR/155/7/2017 and passed order
dated 12/09/2017 for correction of area in the revenue record of the properties
bearing Survey No.34/2/1 and other properties. As per the said order dated
12/09/2017 Mutation Entry No.5024 Village Punawale was certified and area
of Survey No.34/2/1 admeasuring 02 Hectare 35 Are was increased as area
admeasuring 02 Hectare 56.50 Are. The said Order dated 14/07/2017 passed
by the Additional District Collector, Pune is under challenge before the
Additional Divisional Commissioner, Pune in RTS Revision Application
bearing No.355/2017.
. DOCUMENTS RELIED UPON :-
Copy of Commencement Certificate bearing No.BP/ Punawale/ 49/2017 dated
17/11/2017.ii) Copy of the Order dated 12/09/2017 in Case No.Hano/SR/155/7/2017.
ill) Copy of Mutation Entry No.5024 Village Punawale.
'v) Copy of 7/12 Extract of Survey No.34/2/1 for the year 2014 to 2017.
¥) Copy of Revision Application bearing No.365/2017 filed before the Hon’ble
Additional Commissioner, Pune Division, Pune.
. SEARCH OF THE INDEX- II REGISTRERS :-
My colleague Advocate M. S. Jagtap has paid search fee of Rs. 300/- in the
office of — Sub-Registrar Haveli No. 01 by — ReceiptGRN-
MH008712612201718E dated 27/12/2017 and has been in the offices of Sub-
Registrar Haveli and had carried out search for last 2 years, i.e. from the year
2017 to 2018 (both years inclusive) from the Index- II Registers which were
‘made available to him by the Sub- Registrars Haveli and has given his Search
Report dated 28/12/2017.
In the search no adverse entry regarding the said property except flat/s
transactions are found.
. CONCLUSION AND CERTIFICATE OF TITLE:-
"have issued Search and Title Investigation Report dated 27/07/2017 with
respect to the property bearing Survey No.34/2/1 admeasuring 02 Hectare 35
Are Village Punawale. My client has requested me to issue updated report for
the year 2017 to 2018 (both years inclusive) in respect of the property
described in Para 2 herein below mentioned . In view of the above, my client
has requested me to give an extension to the Search and Title Investigation
Report dated 27/07/2017 therefore I have issued this Extension to the Search
and Title Investigation Report dated 27/07/2017. The Search and Title
Investigation Report dated 27/07/2017 may kindly be referred.
On relying upon the available documents, deeds, revenue record and
Previous Search and Title Report dated 27/07/2017, in my opinion Mr.Vilas
Chaganlal Rathod and Mrs.Shubhada Santosh Subhedar are the owners ofthe said property, hereinafter collectively referred to as “THE SAID
OWNERS”, and the said owners of the said property have good marketable
title in respect of the said property free from all encumbrances, charges or
claims of whatsoever nature except the charge of the Housing Development
Finance Corporation Limited. M/s.Siddhashila Developers has full and
absolute authority to develop the same by constructing multi storyed
building/s as per the plans sanctioned (which may be revised from time to ||
time with sanction by the concemed local authority). M/s.Siddhashila
Developers shall have absolute right to sell, lease, mortgage, or otherwise
alienate the said property and to sell, lease, mortgage or alienate in any
manner flats/units, grant exclusive right to use adjacent terrace, other
easement right, side margin open space for garden purpose etc. to the
prospective buyers, lessee, mortgagee, alllttee, licensee and to receive
consideration from them as well as to obtain non agricultural permission for
the increased area
Pune
Date : 30/12/2017 ‘Sudhakar M. Bachate
ADVOCATE