Mayrwanji

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(r{) 9iPl11 ~ ~ {16oLjlVOiI ~ Cfi"\T'\. (Permanent Alternate Accommodation Agreemellt. )
("'Ii) g4r~'hml ~ r~'hI<1'h,'h'{1/ 4I<'1'hI'h'{1 =~ ~ ~ i\urft ~ 'f'l. (Consent to

OltJ rler~ MHADA for Redevelopmcnt)
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EE::l3l_----------
II SHREE KHAPARESHWAR PRASANNA II
MERWANJm RAHBWASHI SANGH (Regd.)

CHAWL NO.2 & 3
Regn. No. : MAH/MUM/220272012/GBBSD
,,
MERWANJI CHAWL NO.2 & 3, DR. E. BORJES ROAD, OPP. K.E.M. HOSPITAL, PAREL, MUMBAI 4000\2.
I
Date: 07-12-2015
I
I
NOTICE \
•
Notice is hereby given to all the members / tenants / occupants of MelWanji Chawl NO.2 & 3, that
Special General Body Meeting of all the members / tenants / occupants of our Chawls will be held on
17-12-2015,Thursday at 4pmatDr. Shirodkar Smarak Hall, 141/48, Dr. E. Borges Road, Opp. Global
Hospital, Parel, Mumbai - 400012 to discuss the following agenda:-
AGENDA
1. To read and confirm the minutes of General Body Meeting held on 9'h August 2015.
2. To approve the final offer letter dated 26-05-2015 alongwith Amenities list and proposed
plans submitted by Lodha Home Developers Pvt. Ltd. ("Owners") for proposed
redevelopment of MelWanji Chawls and consent to appoint them as the Developers for the
same. Copy of Amenities List and proposed plans are attached herewith as Annexure A
and B respectively. ~ •
3. To attend the presentation by the representatives of the Owners on the redevelopment
proposal.
4. To discuss, finalize the drafts with respect to the redevelopment including but not limited to
1. Consent Terms (applicable for tenants/occupants on whom legal suits are pending in
Court of Law), 2. Permanent Alternate Accommodation Agreement, 3. Consent to MHADA
for Redevelopment and 4. Consent to Owners for Redevelopment sent by the Owners in
consultation with our legal consultant Mr. Harsllad Rajeshirke. .. , ..,
If any / tenants / occupants has any suggestions regarding the
said drafts, they may forward same to Secretary'at least 3 days before SGM date.
5. To co-operate and assist in detailed survey / measurements to be carrieq out by the
architects of the owners, for preparing the final plans to be submitted to 1'1HADAfor
obtaining their NOCfor redevelopment.

6. To discuss the further procedure of redevelopment and other matter pertains to
redevelopment. ,/1;:°....;,...
For MER'NANJi(RAHI)lYASH ANGH.
V ~lnV
~ ~.....{:\...,....~
\ ,." .".
r-- ) .,"
---'" '.
CHAIRMAN/HON.SECRETARY
P .S. (1) Oevelope(s Directors ISenior Officers shall attend the meeting, as such maximum two
responsible persons per tenancy are requested to attend the meeting.
(2) If there is no quorum at the appointed hour. the meeting shali adjourned to next naif an hOUI"
and start there2fter ',vith members present deemed to be constituted sufficient quorum
(.=,) Gnly agend.s pomts \'v1l1be d!scussed anc: no mhe!' rnatter \vill be discussed
I ~,
WITHOUT PREJUDICE DRAFT FOR TENANT (RESIDENTIAL)-FOR

DISCUSSION PURPOSE ONLY
IN THE COURT OF THE SMALL CAUSES AT MUMBAI

R.A.E. SUIT NO. OF 2012
LODHA HOME DEVELOPERS PVT. LTD. .. PLAINTIFFS
VERSUS
_____ AND OTHERS ... DEFENDANTS
CONSENT TERMS
The Parties to the suit have settled their dispute between and
amongst themselves in suit in the manner and subject to following
terms and conditions.
1. The Defendants/defendant no. _ hereby confirm that the
Plaintiff herein is the owner of property being Cadastral
Survey No.137/74 of Parel Sewri Division admeasuring
about sq. meters as per Property Register Card and
__ sq mtrs as per title deeds ("hereinafter referred to as the
"Plot") together with structures known as Merwanji Chawl
No and __ and other structures and buildings
(hereinafter referred to as the "Structures") situated at Dr.
E. Borges Road, Parel Mumbai - 400012. The said Plot
along with the said Structures thereon are hereinafter
collectively referred to as the "Property" for sake of
understanding.
2. The Defendants/defendant no. _ herein confirm that they
i D::~dan,t~L~e!~ - _ OE.e-~r.e entitled to the
tenancy/occupancy lights in respect of residential premises

--
being Room No. __ on the __ floor, of Merwanji Chawl
.-'
1
--- square feet (carpet area) (hereinafter referred to as the
"Suit Premises") for rent of Rs. 120/- per month.
3. The Defendants/defendant no. _ states that they along
with all the tenants/occupants of the said Structures have
formed a Chawl Committee known as Merwanji Rahivasi
Sangh (hereinafter referred to as the "Sangh").
4. By Offer Letter dated

----- readwith Revised Offer
Letter dated and ("Offer Letters"), the Plaintiffs
offered to the Sangh the proposal of re-development of the
said Property, as per the provisions of the Regulation 33(7)
and/or 33(9) and/or 33(24) or any other provisions (except

--------- ------------
Ho tAl;r ~ 33(10), as the case may
~e..-- 0.;::;:::::==;;:.---- --
be of the D::';~~~en~--C~~~OI
_
L C"'7u+-= Regulations of Greater Mumbai, 1991 ("D.C Regulations")
• ~ ~ ~mended from time to time, interalia by demolishing the

{} (L.~\ 11\ S
F{'ot.~~ said Structures (including the Suit Premises) and
lO 0 constructing new buildings ("Rehabilitation Buildings")
on the Plot as per the plans to be approved by Municipal
Corporation of Greater Mumbai (MCGM) and/or MHADA
and/or any other concerned authority. The Plaintiff has also
agreed to allot to the Defendant / defendant no. _ a
premises, rehabilitating the Defendants/ defendant no. _ In
the Rehabilitation Buildings on the terms and conditions set
out therein. A photocopy of the Offer Letters are annexed
hereto as Annexure-"A".
5. In this regard, a Meeting of the tenants/ occupants being the
members of the said Sangh was held on . In the

---
,-
- I
.
.'
/DISCUSSION PURPOSE ONLY ,
./
aforesaid Meeting more than 70% of the tenants/occupants
including the Defendants/defendant no. _ have agreed to
grant no-objection and consent to the Plaintiff for the re-
development of the said Property in terms of the Offer
Letters. A certified copy of the Minutes of the Meeting is
annexed hereto as Annexure-"B".

rcr! rfl cd t
6. By an Irrevocable Consent to be executed on or before the
tate of execution of the present consent terms ("Irrevocable
Consent to MHADA"), the Defendants/defendant no.
~ have provided their respective written consent and no-
D \<:.- " r objection to MHADAwith respect to the re-development of
\p ,,~~ cq;Jthe said Property on the terms and conditions set out
-t-~' 10 ~
~~ therein. A photocopy of the said Irrevocable Consent to
.,-J;~~ MHADAis annexed hereto as Annexure-"C".

'l'S
./
IJ...
"oP vv
• t>
8~ ()o. ~
(j'::
7: Z; By a Letter to be executed on or before the date of execution
0lj~{\
\~ ~O
e(\"
deJY I"
of the present consent terms ("Irrevocable Consent to
~ ~\cr(l .\ () Plaintiffs"), the Defendants/defendant no. _ herein have
~~
v1~ provided their respective written consent and no-objection to
\ k {P~'" j!/ the Plaintiffs with respect to the re-development of the said
(fl S 1 ~:perty on the terms and conditions set out therein. A
~ ~~ ./ CP ~-rL'PhotocoPy of the said Irrevocable Consent to Plaintiffs IS

~ r(~ JP annexed hereto as Annexure-"D".
pv? 8. In vIew of the Tenant/Occupant consenting to the
redevelopment of the Property, the, Plaintiff has aareed

b
to
compromise the suit in accordance with the terms recorded
herein.
9. The Defendants/ defendant no. shall Jom the
3
•. ~- -••• -. ~""~.l-'''''''''''''''''''''''''''''''''''''
by the Plaintiff and hand over to the Plaintiffs, the vacant and
peaceful possession of the suit premises and in lieu thereof,
the Plaintiff shall allot to the Defendants, free of cost, on
,
, what is generally known as ownership basis a residential
.'
\ ,,j \. \ I
l
premises admeasuring _ square feet of carpet area ("Rehab
\
J
Unit") . in . one of the Rehabilitation Buildings subject to
proper eligibility certification of the Defendants for
rehabilitation by MHADA/appropriate authority and on the
terms and conditions as set out in detail herein as well as in
the draft of the Permanent Alternate Accomodation
Agreement ("PAA Agreement"), annexed hereto as
Annexure-"E", as to be entered into between .the Defendant
no. and the Plaintiff.
10. The Plaintiffs and Defendants/defendant no. have
finalized the draft of the PM Agreement which records the
terms and conditions of redevelopment of the Property and
allotment of the Rehab Unit that shall be entered into
between and executed by them. The Plaintiff and
Defendants/ defendant no. agree that the terms and
conditions set out in the draft PM Agreement, Irrevocable
Consent to MHADAand Irrevocable consent of the Plaintiffs
are or shall be deemed to be part and parcel of and
incorporated in these consent terms and the order passed by
this Hon'ble Court. The Plaintiff and Defendants! defendant

\
no. _ have agreed and undertaken to abide by the same
and undertake to execute and register the said PA.'\after the t

•
,
DISCUSSION PURPOSE ONLY
Plaintiff obtaining the Intimation of Dissaproval (IOD)/
Commencement Certificate from MCGM in respect of the ~
redevelopment of the. Property. The Defendants/ defendant /~
no. _ agrq:. and undertake to execute th~ PAAAgreement I/f

within Days from the date the Plaintiffs shall request the
Defendant no. _ in that regard, time being the essence.
Upon execution of PAA Agreement, the Defendant no. _
shall vacate and remove himself his family members and
other occupants and things and belonging from the Suit
Premises and handover the same to the Plaintiff.
11. The Defendants/defendant no. _ are occupying the Suit
Premises and he / she has submitted documents such as
rent bill, electricity bill, etc., in respect of the Suit Premises
to the Plaintiffs for purpose of MHADA Certification and
qualifying his / her eligibility for Permanent Alternate

/
Accommodation in lieu of Suit Premises.
\ J
12. The Defendants/defendant no. _ agree and undertake to
co-operate with the Plaintiffs for purpose of development /
redevelopment of the Property including MHADASurvey and
certification.
13. Undertaking/declarations of the respective parties shall be
understood as undertakings given to and accepted by this
e Hon-ble Court.
The Defendants/ defendant no. _ hereby undertake to this
Hon'ble Court that he / she shall not obstruct / or interfere
/ or raise any objection in any way whatsoever with ~he }--

.s"'\~ <'t I'-'f. e UJ..Cf
dmlop=nt I "d,.,lopmont oftho pmp':ty iv b~~
~jo~~
5
f fA; v-.!tIf.
withdrawn.(wherever applicable)
16. Suit stands disposed off in terms of this Consent Terms. I

!
17. Certified copy of the order be expedited. i
18. No orders as to costs.
19. Liberty to apply
Dated this day of December, 2015.
Plaintiffs Defendant
Advocate for the Plaintiffs Advocate for the Defendant
',.
"
_q;;dll!- :::-r~g:,«l'ln::'jJ-;"!l
lj('~ _""1.. _ '"U (~ )
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•• ;>i:t:IOll/ml:I5ICP ••
~r 9'. < q ~ 'l'lffi U'! dt,m~i11 wm 'fi\1l'Wl -imo3lr~ 'liT, 3H'f<'<IT ~
9R3 ~r
:I4fq'hI"'''''ct ~ r;. ~'of ~ <f < 0 ~" M f<ri\t! ~ B'lT wi. fuq; '6.00 'IT. m. f.ml:S'h{ m
WlT'!'!. ~ ~ Us, ~ ~ m, '1t<1, ¥t- '600 0 ~ <, iJi! 3~ 'fi\1l'Wl 3lf<'il 3n%. <ri\ ~
f<N'r ~ '.T'l]Ur ~.
• ~:l1gcfu:rfWru •
~) r;. ~ 31frR:;:, < 0 ~ " M 'If'lm{ ~ ~ U'! WIJ{U) ~ ~ 'IT'J:f .qu 'rJr.
<) itmf. ~ ,;p, ~ 'lRt :I4fq'hI'" *i>fr ~ aiftl»: <'rc1:, ~ ~r(Amen"'es List) q m@m
3HU11li5T(Pmposed Plan) UU ~ ~ ,;p, ~ 'lRT ~ 9R3 9'. < q ~ -it f<I<t>m<t> "O'f!
'lPl<lT~.
~) :I4f<t'hI"1~ fq'h''''hi''1l ~ ~ "1~fl'h{OIl4 (PreSCnlal;on) 3~ <t>'{llr q ~
~.
'6) :I';fq'hml <i<;'lfu if'IT{ 'fi\1l'Wl ~ ~ ~ = (DraB Letter) ~ 'fiF! <"ffil3io'j-q 'lPl<lT ~Ur.
(31) Wrcfl:JG<! (Consent Term) dtql~,iq( qi\cfq ~ 'fi\1l'Wl ~ <;ril \-.; 'h{O~I"',,ct.
(~) 'Cfi1'ZP1 ~ ~ <16oljliZlj ~ Cfm"{. (Permanent Alternate Accommodation Agreement.)
('Ii) :I4f<t'hI"1*itmI f"'hI"'hI'h"l1/ %1'h1'h"l1 1I1'<l~ ~ ~ iturft W<rffi ll'!. (Consent to

Ow ner~ MHADA for Redevelopment)
3Tl'ffi ~ m. m;; ~ <rtit m.o ~ <t>'{llr.
(~ U'! 'l<['1i"1l 9<il m.o ~ 3T'l:f "f{ '!"jOI<"lI@

~/~ <mr <IT<ioimct'Iiitt '!.'RT 'h{lq""11
~ m: '<"11 fffisful ~ ~ 'filffiI "Ii"IT ifR ~ 3ll'ft ~ 'lRT ~ 'llO'ITct ,;l F<Hii\.)
,,) ~ ~ 'h{O~'''ldl q ~ 'll-~ 1J'lT1lf'l'I ~o~mlal "'RI@S'", <i<;'lfu fq'hI@i1=t ~

q1'l1FcliJll<i;1f1l (Architect) 1:!16uIT q ~ Cf}{UllFElI6I ~ Ch{Olj]ciIlqd.
fq'h''''hl'h''l'' ~~, '!lfuf.Im q"<lfto3 3!Ill'hm m ilurr< ~ ~ 'lUiJ:l , @<"411""lffiITct

"lffil GR ~ ~ m~ ~ -m F<Hii\.
"f{ ~ i'iolt 3lI<lV'!'h <it ~ (Quorum) ~ m: B'lT 3W1f <R!mli3\ ~ 'fi\1l'Wl i\t1 q '<"I1'im:
'~<l'JTW; ~ ~ j1'lo''{dhual ~ 3T$l3Til '!ft<! m B'lT~ ~ 'fi\1l'Wl i\t1.
<IT~ 'li'Rf ~ fq'l~iq{" ~ mfu 'IT'fT'Ff'lT;fi<; '''If'i'r.
II SHREE KHAPARESHWAR PRASANNA II
E ~ Vail
~1fr1
~'11~~lr~i!nv~
A r~:~
~R ~ ~ g~,t}J
lWl ~ \J.f~l1,~"~!y] ~ _N"'A~"tl~J"
~8111i~H\l ~4;\1I~~'i'l1iIM~tfili!1 ~I (Hegd.)
~~-.l1
CHAWL NO, 2 & 3
Regn, No, : i\lAH/MUM/2202/20'12/G8BSD
MERWANJI CHAWL NO.2 & 3, DR, E, BORJES ROAD, OPP. K.E.M. HOSPITAL, PAREL, MUMBAI 400012.
Date: 07-12-2015
NOTICE
Notice is hereby given to all the members / tenants / occupants of Merwanji Chawl No. 2 & 3, that
Special General Body Meeting of all the members / tenants / occupants of our Chawls will be held on
17-12-2015,Thursday at 4pmatDr. Shirodkar Smarak Hall, 141/48, Dr. E. Borges Road, Opp. Global
Hospital, Parel, Mumbai - 400012 to discuss the following agenda:-
AGENDA
1. To read and confirm the minutes of General Body Meeting held on 9th August 2015.
2. To approve the final offer letter dated 26-05-2015 alongwlth Amenities list and proposed
plans .submitted by Lodha Home Developers Pvt. Ltd. ("Owners") for proposed
redevelopment of Merwanji Chawls and consent to appoint them as the Developers for the
same. Copy of Amenities List and proposed plans are attached herewith as Annexure A
and B respectively.
3. To attend the presentation by the representatives of the Owners on the redevelopment
proposal.
4. To discuss, finalize the drafts with respect to the redevelopment Including but not limited 10
1. Consent Terms (applicable for tenants/occupants on whom legal suits are pending In
Court of Law), '2. Permanent Alternate Accommodation Agreement, 3. Consent to MHADA
for Redevelopment and 4. Consent to Owners for Redevelopment sent by the Owners in
consultation with our legal consultant Mr. Harshad Rajeshirke. Ie .••.. ' <:,: (': ';t,"
"",j ..: ,,':,,',:".<:,.,':". If any / tenants / occupants has any suggestions regarding the
".'..:.
said drafts, they may forward same to Secretary at least 3 days before SGMdate.
5. To co-operate and assist In detailed survey / measurements to be carried out by the
architects of the owners, for preparing the final plans to be submitted to MHADA for
ob!aining their NOe for redevelopment.
6. To discuss the further procedure of redevelopment and other matter pertains to
redevelopment.
P S (1) Developer's Directors /Senior Officers shall attend the meeting, as such maximum two
responsible persons per tenancy are requested to attend the meeting.
(2) If there Is no quorum at IIle appointed hour, the meeting shall adjourned to nextllal! an hour
and start thereafter with members present deemed to be constituted sufficient quorum.
(3) Only agenda points will be discussed and no other matter will be discussed.
'. DRAFT FOR DISCUSSION WITHOUT PREJUDICE-FOR RESIDENTIAL UNIT
PERMANENTALTERNATEACCOMODATION AGREEMENT
THIS PERMANENTALTERNATEACCOMODATION AGREEMENT ("Agreement") made at Mumbai
this _ day of 20_ BETWEEN Lodha Home Developers Private limited a company
registered under the Companies Act, 1956 having its registered address at 412, Floor-4, 17G
Vardhaman Chamber, Cawasji Patel Road, Horniman Circle, Fort, Mumbai- 400 001 (hereinafter
referred to as "OWNER") (which expression shall unless it be repugnant to the context or

.
meaning thereof be deemed to mean and include its successors-in. title and assigns) of the ONE
PART and Mr/Mrs/Miss
____________________ residing at
(hereinafter
referred to as the "TENANT/OCCUPANT") (which expression shall unless it be repugnant to the
context or meaning thereof be deemed to mean and include his heirs, executors, administrators
and permitted assignsof the OTHERPART
(The Owner, and the Tenant/Occupant are hereinafter individually referred to as "Party" and
collectively referred to as "Parties").
WHEREAS:-
(a) The Owner is seized and possessed of and otherwise well and sufficiently entitled to the
Plot consisting of Old Buildings. - - ~t ~ .~

,.J: I'; ~ ~cl. 0-
(b) The Old Buildings are occupied l:iy various tenants/o~cupants? tr:> I-- 0 cl \..
(e) The Tenant/Occupant is the tenant/occupant of the Owner in respect of Old Premises
admeasuring _'__ square metres (_square feet) (carpet area) situate in the Old
Buildings known as "Merwanji Chawl No.__ " at Supari Baug Estate, Chamarbaugwalla
Road now known as Dr. E. Borges Road, Parel: Mumbai - 400012 for the monthly rent of
DRAfT FOR DISCUSSION WITHOUT PREJUDICE-FOR RESIDENTIAL UNIT
Rs.
(d) Certain disputes had arisen between the Owner and the Tenant/Occupant in relation to
the said Old Premises. The Owner filed Suit being RAESuit No. / __ before the
1I0n'ble Court of Small Causes, Mumbai against the said Tenant/Occupant for eviction and
other reliefs.
read with Revised Offer Letter dated and

(e) ~y Offer Letter dated
/ ("Offer Letters"), the Owner offered to the Tenant/Occupant the proposal of re-
~ t,j)/ evelopment of the said Property, as per the provisions of the Regulation 33(7) and/or
~-' ~tf~ , and/or 33(24) of the Development Control Regulations of Greater Bombay, 1991
33(9)
"ll) ("DC Regulations") or any other regulation permissible in Law (except regulation 33(10))
inte(o/io by demolishing the Old Buildings and constructing on the Plot the New
Buildings as per the Plans and rehabilitating the tenants/occupants of the Old Buildings
including the Merwanji Chawl in the Rehab Buildings on the terms and conditions set out
therein.
(f) By an Irrevocable Consent dated ___ ("Irrevocable Consent to MHADA"), the
Tenant/Occupant has granted his irrevocable consent and no-objection to MHADA with
respect to the re-development of the said Property on the terms and conditions set out
therein.
(g) By a Letter dated ("Irrevocable Consent to Owner"), the Tenant/Occupant has
granted his consent and no-objection to the Owner with respect to the re-development of
the said Property on the terms and conditions set out therein.
(h) By a resolution passed at the general body meeting of the tenants/occupants of the Old
Buildings held on __ ~, more than 70% of the tenants/occupants of the Old Buildings
approved the proposal for redevelopment of the Property contained in the Offer Letters
and accorded their irrevocable and unconditional consent thereto.
(i) In view of the proposal for redevelopment of the Property having been accepted by the
. DRAfT raR DISCUSSION WITHOUT PREJUDICE-FOR RESIDENTIAL UNIT
Tenant/Occupant herein, the parties to the said Suit have amicably settled the same in
terms of the Consent Terrns dated ----- ("Consent Terms") filed in the Hon'ble
Small Causes Court. The I'arties hereto have applied to the Hon'ble Small C;)usesCourt for
disposal of the Suit in terms of the said Consent Terms. The said Suit h;)s been disposed of
in terms of the said Consent Terms. By and pursuant to the Consent Terms rn<1deand
entered into between and <1rnongstthe Parties hereto filed in the Hon'ble Court of Sm<111
Causes, Mumb;)i, the Parties have agreed to execute this Agreement in terrns hereof. A
copy of the said Consent Terms is hereto annexed as Annexure-A.
(j) In terrns of the Consent Terms, the Tenant/Occupant has agreed to irrevocably consent to
the
, redevelopment scheme of the said Property as implemented by the Owner and
handover the vacant and peaceful possession of Old Premises to the Owner and in lieu
thereof the Owner have agreed to provide and allot to the Tenant/Occupant, free of cost,
on what is generally known as ownership basis the Rehab Unit in one of the Rehab
Buildings s~bject to proper eligibility certification of the Tenant/Occupant for
rehabilitation by MHADA/appropriate authority to which Tenant/Occupant has agreed as
recorded hereinafter.
(k) The Parties hereto are desirous of recording the terms of this Agreement in writing.
NOW IT IS HEREBYAGREED, DECLAREDAND RECORDEDBY AND BETWEEN THE PARTIESAS

FOllOWS:
1. Definition and Rules of Interpretation
1.1 In this Agreement (including the recitals above and the Annexures hereto), except where
the context otherwise requires, the following words and expressions shall have the
following meaning:
"Agreement" means this Agreement along with the Irrevocable Consent to MHADA, the
Irrevocable Consent to Owner, the Consent Terms and Annexures hereto and any other
deed or documents executed by the Parties herein in pursuance hereof.

DRAFT FOR DISCUSSION WITHOUT PREJUDICE-FOR RESIDENTIAL UNIT
"Amcnitics" means thc fixturcs, fittings ilnd amcnities to be provided by thc Owncr in
rcspect of and respectively earmarked fori allocated to the Hchilb Building/s and/or hee
Sillc 8uilding/s . A list of the Amenities earmJrkcd for Hchab Building/s is ;lIlnexed I,ereto
as Annexure-F.
"Brokerage" means a one timc payment to be made by the Owncr to thc
Tenant/Occupant before the Date of Possession of the Old Premises being one month's
Transit Accommodation Hent to enable the Tcnant/Occupant to procure suitable transit
accommodation.
:'Business Day" means a day, other than a Saturday or Sunday, on which the principal
commcrcial bilnks located in Mumbai arc open for busi\lCSSduring Qqnn~1banking hours;
. tS erv::- n~
"Corpus" means the aggregate amount of Hs. 2,75~OOO/- per certified Old Premises
S,j./ ~ payable by the Owner to the Rehab Organizatj";;n on or after the Diltc of Possession of the
x~~Vt~ Hehab Premises to the respective tenants/occupants of the Old Building/s to subsidize the
(
,
'\ of-
~
paymcnt by the Tenant/Occupant the future maintenance of thc Hehab Premises/Rchab
Buildings.
.
\~:~.~ate of Possession of Old Premises" means the date on which the Tenant/Occupant or
cP J;~~~\t}e last of the tenants/occupants occupying the said Property vacate and remove
~ -:.c
£)7\
themselves, their family members and other occupants and belongings from the premises
vi -.
l}~ K. in ffe Old Building/s including the Old Premises and handover the vacant possession
o~ ,,~thereof to the Owner pursuant to the Notice to Vacate.

t>-
"Date of Possession of Rehab Unit" means the date on which the Owner shall endeavor
~ to hand over to the Tenant/Occupant the Rehab Unit pursuant to a Notice of Possession.
The Date of Possession shall, subject to the terms hereof, be on or before the expiry of 36
'SSV4~ . -
months from the date of ~,eii3t of the Commencement Certificate ("CC") for re::--
-deVelopment of the said Property OR tile [late of Possession-ef.-GHW1Femises,.JMJ:llCI:iE:iER
J5-l:A'fER,,--
"Free Sale Amenities" means the amenities earmarked and allocated for Free Sale
Building/s.
\~
"Free Sale Building/s" shall mean one or more buildings (other than Rehab Buildings)
proposed to be constructed on the Plot and shall include the Free Sale Amenities.
"Free Sale Organis<ltion" me<lns <InAssoci<ltion of Ap<lrtment Owner or a society or a
limited company (at the sale option of th" Owner herein) formed by the purchasers of the
Free Sale Premises.
"Free Sale Plot" means part of the Plot on which Free Sale Building/s are proposed to be
constructed.
"Free Sale Premises" shall mean the residential and/or non residential premises in the
Free Sale Buildings.
"FSI/TDR'''means Floor Space Index and Transfer of Development Rights as described
under the provisions of the DCR
"law" means any statute, law, regulation, ordinance, rule, judgment, notification, rule of
common law, order, decree, bye-law, government approval, directive, guideline,
requirement or oth~r governmental restriction, or any similar form of decision of, or
determination by, or any interpretation, policy or administration, having the force of law
of any of the foregoing, by any authority baving jurisdiction over the matter in question,
whetber in effect as of the date of this Agreement or thereafter;
"lien" sball include any right, title or interest existing or created or purporting to exist or
to be created by way of or in the nature of sale, agreement to sell, pledge, hypotbecation,
license, hire-purchase, lease, tenancy, mortgage, charge, co-Ownership, trespass,
squatting, attachment or process of any court, tribunal or other autbority, statutory
liabilities which are recoverable by sale of property or any other third party rights or
encumbrances;
"MCGM" means tbe Municipal Corporation of Greater Mumbai constituted under tbe
Mumbai Municipal Corporation Act, 1888.
"MHADA" means tbe Maharashtra Housing and Area Development Autbority constituted
under the Maharashtra Housing and Area Development Act, 1976

DRAf'T FOR DISCUSSION WITHOUT I'ln:.lUDICE-FOR RESIDENTiAL UNIT
"Monthly Outgoings" means ali outgoings in respect of the Property Jnd New Buildings
including New Premises viz. Local Taxes, Cesses, Municipal TJxes, betterment chJrges or
such other levies demanded by the concerned local authority and/or the Government
Authority and the maintenances charges in respect of New Premises and Amenities and
other payments towards society formation, registration ch;Jrges, share subscription
entrance fee, electricity meter charges, water charges (if any).
"New Buildings" means, individuOllly and/or collectively - olSthe case may be - the Rehab
Building/s and/or the Free Sale Buildings.
"New Premises" means the Rehab Premises and/or the Free Sale Premises, individually
and/or collectively, as the case may be
"Notic.e of Possession" means the notice to be given In writing by the Owner to the
Tenant/Occupant informing thOlt the Rehab Unit is ready for use and occupation by the
Tenant/Occupant.
"Notice to Vacate" means notice to be given in writing by the Owner to the
Tenant/Occupant requiring the Tenant/Occupant to vacate and handover the Old
Premises to the Owner.
"Old Buildings" means the structures/buildings on the Plot.
"Old Premises" means the Room No __ on the __ floor of one of the Old Buildings
known as Merwanji Chawl No. , admeasuring square metre (__ square
feet) (carpet area) constructed on the said Plot and described in the Annexure C hereto.
"Person" includes any individual, sole proprietorship, partnership, unincorporated
association, unincorporated syndicate, unincorporated organisation, trust, body corporate
and a natural person in his capacity as trustee, executor, administrator or other legal
representative;
'. DRAFT FOR DISCUSSION WITHOUT PREJUDICE-FOR RI:SIDENTJAL UNIT
@
"Plans" means and include pliIrlS, design, specific"tions approved/to be "pproved by the
MCGM or any other concerned authority for redevelopment of the Property.
"Plot" means the plot of land bearing C"d"stral Survey No 137/74 of P"rel Sewri Division
lying being and situated at Municipill Ward NO.F/S-567 (3B), Street Nos.I-18 and I5A,
Ward No. 638 <ItSupari Baug Est"te, Ch"m"r Baugwall" RO<ldnow known as Dr. E. Borges
Road, Parel, Mumbai admeasuring in 4678.09 square metres or thereabouts (according to
title deeds but according to the records of the Collector of Bombay "dme"sllring 4298.53
sq mtrs)
• "Property" means the Plot along with the Old Buildings thereon and "re particul"rly
described in the Annexure B hereto.
"Rehab Amenities" means the "menities e<lrm"rked <lndallocated for Rehab Building/s.
"Rehab Building/s" shall mean one or more buildings proposed to be constructed on the
Rehab Plot in which inter alia the tenants/occupants of the Old Buildings including the
Tenant/Occupant are proposed to be rehabilitated and shall include the Rehab Amenities.
"Rehab Premises" shall mean the residential and/or non residential premises in the -Rehab
Buildings.
"Rehab Plot" means part of the Plot on which the Rehab Building/s are proposed to be
constructed.
"Rehab Organisation" means an Association of Apartment Owner or a society or a limited

1'1
~at the sole optie •• of the (homer n~rein) formed by the Tenant/Occupant along
t"
bI with other tenants/occupants.
At~_~Y
s:~'>~ >
V"
DI'AFT FOR DISCUSSION WITHOUT PREJUDICE-FOR RESlDENTIAL UN[T
"Rchtlb Unit" means (1 residenti(l! premises being FI(lt admeasuring squ{\re
metres (_ squ~re feet) (c~rpet ~re;l) in one of the Reh;lb Buildings proposed to be
constructed on the Plot and more p;lrticularly described in the Annexure-D annexed
hereto. The tentative p[;ln of the Rehab Unit is hereto annexed as Annexure-G.
lp r~' {/-SlvJlA/cLk ~~)-

"Shifting Charges" means the amount of Rs.10,OOO/-/-JRupeesTen Thous;lnd only) to be
paid to the Tenant/Occupant towards the cost of shifting, moving, storage and a[1other
related expenses at the time of the D;lte of Possessionof the Old Premises.
"Transit Accommodation Rent" means the compensation paY;lble by the Owner to the
Ten;lnt/OccuP;lnt in lieu of the tr;lnsit accommodation to be provided by the Owner under
Law. The Transit Accommodation Rent is c;llculated ~t the rate of Rs. 18,500/- (Rupees
Eighteen Thousand Five Hundred Only) per month commencing from the Date of
Possession of Old Premises till the expiry of 7 days from the date of Notice of Possession.
_
The Transit Accommodation Rent shall be subject to increase by 10% at the end of every
12 ..•months
_-- period from the Date of Possessionof Old Premises.
Certain Rules of Interpretation:
In this Agreement:
a. the descriptive headings of Clauses are inserted solely for convenience of
reference and are not intended as complete or accurate descriptions of content
thereof and shall not be used to interpret the provisions of this Agreement;
b. Words denoting the singular shall include the plural and words denoting any
gender shall include all genders.
c. the terms "hereof', 'herein" ,"hereto", "hereunder" or similar expressions used in
this Agreement mean and refer to this Agreement and not to any particular Clause
... DRAFT FOR DISCUSSION WITIIOUT PREJUDICE-FOR RESIDENTIAL UNIT
of this Agreement.
d. unless otherwise specified, time periods within or following which any payment is
to be made or act is to be done shall be calculated by excluding the day on which
the period commences and including the day on which the period ends and by
extending the period to the next Business Day following if the last clay of such
period is not a Business Day; and whenever any p<lyrnent is to be made or action to
be taken under this Agreement is required to be made or taken on a day other
than a Business Day, such payment shall be made or action taken on the next
Business Day following_
e. the dam'ages payable by either Party to the other Party as set forth in this
Agreement, are intended to be genuine pre-estimated loss and damage likely to be
suffered and incurred by the Party entitled to receive the same and are not by way
of penalty; and
f. the recitals aforesaid, the annexures annexed to the Agreement form an integral
part 'of this Agreement.

f /s S~ ~fCUl~odgcn. t
2. Redevelopment of the Property and Oblig~~nd Covenants of the Owner a a::~ , ) ::i.
2.1 The Owner shall submit the Plans t?:':':~GM/MHADA for approval/sanction for re-
development ofthe Property.
2.2 The Owner shall re-develop the Property by demolishing the Old Buildings and
constructing on the Plot the New Buildings in accordance with the applicable Law,
provisions of DC Regulations and the Plans. For the purpose of development of the
Property, the Owner shall, in its absolute discretion, be entitled to utilise, sell or dispose of
the FSI/TDRpotential available in respect of the Plot and/or procure from third party the
FSI/TDR, without any objection or demur on the part of the Tenant/Occupant. The n~
Tenant/Occupant confirms that the Owner has the right and shall be entitled and the (pn
'"''VO''"P''' h"'by ."ocd, hi, Icc,yow", oed ",wodIUoo,1 00""", Ie ,mood ~ "'.
and/or modify the said Plans for smooth and better development of the said Property Or
--- ------------------------- ll..
~~K'l&
r;.. tl,:JJ::
tP~vJ>u()
r(\.eJ
DIZi\FT FOR DISCUSSION WiTHOUT I'REJUOICE-f'OR RI:SlDENTIAL UNIT
without any reference to the Tenant/Occupant provided that such variation or
modification does not result in reduction of the area of the Rehab Unit beyond 2% of the
area thereof agreed to be allotted hereunder. I It -{tAL ~~~ la.~j

R.t ~.s C CO -~.JS> ~ -'. -- -
2.3
ist5"l'Jl{) -
The Tenant/iupfnt is awa% [at the 0'X.. shall in addition to the Rehab. uildings be
also constructing the Free Sale Buildings on the Property. The Owner shall be entitled to
construct on the Property the Free Sale Buildings and sell and dispose the Free Sale
Premises in the manner the Owner deems fit and proper without any objection or demur
on the part of the Tenant/Occupant and the Tenant/Occupant hereby accords his consent
and waives his right to raise any objection in that regard. ~v.lj~l- {o ~ '1lgl.....LJ-
, dJ t-"'-t.. 1"~~ I OUv-,pOtV<.:/; ~: A. •
VI The"tbwner will, subject to {he provisrons hereof, complete the construction of the Rehab
Buildings on the said Plot in accordance with the Plans and subject to the terms hereof
and the Tenant/Occupant not being in breach of the terms hereof handover the Rehab
. Unit to the Tenant/Occupant on or before the Date of Possession of the Rehab Unit. The
Owner shall provide the Rehab Amenities, as stated in Annexure E hereto, free of any
cost.
2.5 Upon (i) the Plans (including amended plans) being sanctioned and (ii) the Owner receiving
the Intimation of Disapproval (100), the Owner shall issue to the Tenant/Occupant the
,
Notice to Vacate.
2.6 Upon completion of construction of the Rehab Premises and on receipt cif Occupation
Certificate in respect thereof the Owner shall issue a Notice of Possession offering the
possession of the Rehab Unit to the Tenant/Occupant.
2.7 After the Date of Possession of the Rehab Unit, the Owner shall register the Rehab
Organization under Section 10 of the Maharashtra Ownership Flats (Regulation of the
Promoters of Construction, Sale, Management and Transfer) Act, 1963 ("MOFA Act") or
any other equivalent legislation.
2.8 The Owner shall at its own costs and expenses towards stamp duty, registration charges
and miscellaneous expenses as per the provisions of MOFA Act, upo'n completion of the
D[0\FT FOR DISCUSSION WITHOUT PREJUDICE-FOR RESIDENTIAL LINlT ~
redevelopment of the Property and in accordance with applicilble Law respectively
transfer by way of conveyance or lease in favour of the Rehab Organization - the Rehab
Plot along with the Rehab Buildingjs and the hee Sale Organization - the Free Sale Plot
along With the Free Sale Buildings.
2.9 The Owner shall endeavour to construct the Rehab Building/s in such manner that it Sh~ f,~v-
have access from Dada Shal Chamarbaugwala or Dr E. Borges Road. ~ ~;t.ltJ
3. Obligations and Covenants of the Tenant/ Occupa nt t- \-.~c()
tP
The Tenant/Occupant shall and confirms and covenants with the Owner that:- !Y t-D,j-
'6'1
3.1 . Within 30 days from the date of the receipt of Notice to Vacate, time being of essence, III '0 {,.
~~
without any demur or objection, remove himself, his belongings (without causing any
structural damage to the Old Premises including but not limited to removal of doors,
windows, loft etc of the Old Premises) and cause the members of his family or other
occupants if any from the Old Premises and handover the vacant peaceful actual and
physkal possession thereof to the Owner.
3.2 On the Date of Possession of the Rehab Unit, the tenancy rights of the Tenant/Occupant in
respect of the Old Premises shall, lNith9ut any further act or deed, be deemed to have
Got) ve..M:C&f i Y\fio
been 'absolutely and fore\'er Fl1ergeB-wfffl-the ownership rights in respect of the Rehab
Unit, free from all encumbrances of any ~ whatsoever.
3.3 Without delay or demur, as and when called upon by the Owner (i) the Tenant/Occupant
shall execute an Ownership Agreement in respect of the said Rehab Unit to be allotted to
the Tenant/Occupant in the Rehab Building/s as permanent alternate accommodation to
the Tenant/Occupant under the provisions of the MOFA Act with Owner and register the
same and/or (ii) execute all such documents as may be required by the Owner from time
to time, in relation to the re-development of the said Property.
3.4 Pay all the dues, taxes and other amounts including Monthly Outgoings payable in respect
of:-
------ ~
/.J) t...oJ: ~
,,;S ~. c:- uJd
'/' ( i a-0> i'\. lvo
, J,rF ~
j -
,
2
a k.'/-
--
DRi\f'T FOR DISCUSSION WITHOUT I'RJ:.JUDICE-FOR RESIDENTIAL UNIT
a) Old Premises - till the Date of Possessionof the Old Premises to the Owner;
b) New Premises - from the expiry of seven (7) days from the date of ~Iotice of
Possessionthereof.
3.5 lie or his heirs executors administrators or anyone claiming under him will extend fullest
co-operation to the Owner for the re-development of the Property or any part thereof and
will not hinder hamper obstruct or in any manner object to or do any act deed matter or
thing which will directly indirectly or remotely hinder hamper or obstruct the re-
development of the Property or any part thereof.
3.6 He and waive~termin~ or r~late or r~Q IliiS-
3.7 To remain present to register this Agreement as and when called upon by the Owner.
3.8 To use the Rehab Unit or any part thereof or permit the same to be used for the purpose of , .
residE;nceonly.
3.9 To join in the formation and registration of the Rehab Organisation as may be decided by
1.. the Owner t<?,be known by such name as the Owner may decide and which will be approved
,
by the Registrar of Co-operative Societies or the Registrar of Companies as the case may be
alci"ngwifh other tenants/occupants (who have entered into similar arrangements with the
Owner).
3.10 For the purpose of registration of Rehab Organisation, from time to time sign and execute
the applications for registration and for membership and other papers and documents
necessary for the formation and registration of the Rehab Organisation and for becoming a
member, including adoption of the bye-laws of the Rehab Organisation and to duly fill in!
sign and return them to the Owner within seven days of the same being forwarded by the
Owner to the Tenant/Occupant, so as to enable the Owner to register the Rehab
. rganization
3.11 He shall not raise any objection if any changes or modification are made in the draft bye-
DRAFT FOR DISCUSSION WITI-IOUT PREJUDICE-FOR RESIDENTIAL UNIT
laws of the Mcmor"ndum "nd/or Articles of Associ"tion "s may be required by the Registra
of Co-operative Societies or the Registrar of Comp"nies as the Cilse may be or ilny other
competent authority.
3.12 He shall not raise any objection to the exclusive use by the Owner of its rights under this
Agreement and/or transfer by the Owner of its rights under this Agreement to any Person
associated with Lodha Group, provided the Owner will continuc to be responsible /liable to
perform his obligations under this Agreement The Owner hereby confirms thift such clause
relating to continuation of the obligations of the Owner under this Agreement shall be
incorporated in the agreement between the Owner ilnd the tr"nsferee.
3.13 Until formation of the Rehab Organisation, he shall not let, sublet, transfer, assign or part
.,~ =---~
with Tenant's/Occupant's interest in or benefit under this Agreement or of the Old
-
Premises or the Rehab Unit or part with possession of the Rehab Unit or 'any part thereof
("Transfer") without obtaining specific permission in writing of the Owner in that regard_
---_ _-------------
..
However, the Tenant/Occupant may for a reasonable cause be granted permission by the
Owner for Transfer of the aforesaid interest or benefit, as the case maybe.
4. Consideration
4.1 In consideration and in lieu of the Tenant/Occupant irrevocably consenting to the
redevelopment scheme of the said Property as implemented by the Owner and agreeing
to hand over to the Owner the quiet, vacant and peaceful possession of the Old Premises
an ar befare the Date af Possessionaf the Old Premises ,-the Owner hereby and subject ta
the terms hereof, agrees to:-
(i) provide and allot ta the Tenant/Occupant the Rehab Unit by way of permanent
alternate accommodation free af any cost and what is generally knawn as on Ownership
basis.
(Ii) pay to the Tenant/Occupant the fallowing amounts:-
(a) Transit Accommodation Rent;
,
,I') CKJ V'S ~a.J- ..otr)
un
~ ~ Z -- s 0 1'Y\~
\.l"CV\b
• . ~ . ~ . '2,
(b) Brokerage;
(c) Shifting Charges; and
(dl Carpus.
4.2 The Transit Accommadatian Rent far the aggregate periad af 18 manths commencing
\1[\":'' '0 fram the Date af Passessian af the Old Premises. Brakerage and Shifting Charges shall be
paid atleast 30 days befare the Date af Possessian af the Old Premises. The Transit
Accommadatian Rent far the periad af next 12 manths shall be paid in advance at least 60
" days befare the expiry af the period af first 18 manths. Further, the Transit
C" Accommadatian Rent far the period af next 6 manths and so. an till the date af Natice af
f1assessian shall be paid in advance at least 60 days before the expiry af the said period af
./
6manths. La ..• 'if cLtfC\..uJ-b ctt.-s 0
~'\J',
6~ d b-~
.. 'Ce.>Jy
4.3 The Tenant/Occupant confirms that the Corpus shall be paid by the Owner to. the Rehab C'fillca
Organization on the Date of Possession of the Rehab Unit and waives his right to raise any
objection in that regard.
5. Merger of Tenancy Rights
Till the time the Tenant/Occupant is provided with the Rehab Unit, the tenancy/occupancy
rights af t~e Tenal)t/Occupant in respect of the Old Premises shall continue. On the
ant/Occupan being provided with the-Rel1all UAit, all the rights af the
, ,.p-
.~~\
T ant/Occupant in respect
" the Old Premise~ including the tenancy/accupancy rights
..., CI;>. 'l" .- !:\
•\~. therein will ipsa fa_c~a~ith the ownership rights in respect afthe Rehab Unit.
~~ 6. Rehab Unit
6.1 The Owner shall provide to the Tenant/occuPl~ef a~a~~en~~~~

stated in Annexure E hereto~t is a~ that provisians ;f- R-eG~b Ameni{i~ -c4J "A:-; \ \
Iv
agreed shall be provided by the Owner and the same shall be treated as ~c>~i~
essence of contract.
,DRAFT FOR DISCUSSION WITHOUT PREJUDICE-FOR RESIDENTIAL UNIT
. 6.2 The Tenant/Occupant hereby declares that he has seen the tentative plan showing the
position of the New Building/s including the Rehab Building/s/ Rehab Premises end Rehab
Units which may be modified, varied or eltered if required by the MCGM and/or MHADA
and/or the Owner and waives his right to raise ,lilY objection in that reg,JrCI.The Owner is
hereby <luthorized <lnd will always be entitled to amend alter or modify the Plans of
the said New Buildings/Property in any manner wh<ltsoever provided that such v,Jri<ltion
or modification does not result in reduction of the <lrea of the Reh<lbUnit beyond 2% of
the area thereof agreed to be allotted hereunder.
6.3 ,The Tenant/Occupant agrees and accepts that if he
for any reason found to be less "Deficit Area") rea agreed to be
allolted hereunder, the Tenant/Occupant shall not complain or raise ,lilY objection in that
.'(
~,'V' 'CI reg<lrd and shall accept such reduced area of the Rehab Unit. However, in such an event,
/t ~ th.s~~X~.II~ the Tenant/Occupant compensation calculated at the ready
<7 \-}/ rec2'rr€jj<Ue""prevailing in respect of the Deficit Area on the Date of Possession of the
~oy Rehab Unit. (( qj-v~
"P~.l' r,,1;'~~,Wh:~:;",",/O""P,"'
of
e.. ?hP i.,-1.{ "1 7 ~ ~
,,"p" po",,,;oo of <h,
and from tne 't>ateJof P6ssession OT the 'Rehab Unit, the Tenant/Occupant
Reh,bUo" 00
will be bound
a~d~ble ttpay the proportionate share (i.e. in the proportion to the floor area of the
New Premises) of all Monthly Outgoings as may be determined by the Owner.
6.5 After the application for Occupation Certificate in respect of the Rehab Buildings-is made
by the Owner, the Owner shall make available the same to the Committee of the
tenants/occupants. The Tenant/Occupant alongwith the other tenants/occupants of

't-
the ppses' in the said Old Buildings shall allot to themselves the specific premises in
\P ~.ttie said Rehab Building/s by lottery system and that the Owner will be liable to
y" ~~ .
handover possession of such premises to the Tenant/Occupant and other tenants as per
the list provided by them.
7. Representations and Warranties of the Owner

DRAFT FOR DISCUSSION WITHOUT PREJUDICE-FOR I<ESIDENTIAL UNIT
The Owner hereby represent ilT1dwarr~nt to the Tenant/Occupant the matters set out
below:
i) The Owner is a Private Limited Company duly incorporated under the Cornp,mies
Act 1956 and ilre valid subsisting and in good standing under the laws of India with
the power and authority to own its properties and conduct its business.
ii) The Owner has all necessary corpor~te powers, authority and capacity to enter
into this Agreement and to perform its obligations under this Agreement.
iii) This Agreement constitutes a valid and binding obligation of the Owner
enforceable against it in accordance with its terms.
C;") .. , Pedo~f'r',a.'/>...' ~cv-oc,~O -

8. Representations an(Jwarranties of the Tenant/Occupant
The Tenant/Occupant hereby represents and warrants to the Owner the matters set out
below:
i) the Tenant/Occupant alone is the person solely entitled to the Old Premises and
the tenancy thereof and that he is absolutely entitled to enter into and execute
this Agreement
ii) Save and except the Tenant/Occupant no other person has any share right title
interest claim or demand of any nature whatsoever into or upon the Old Premises
or any part or portion thereof including by way of sub-tenancy, leave and licence,
inheritance, caretaker, lease, sub-lease or otherwise. The Old Premises are free
from encumbrances of any nature whatsoever;
iii) the Tenant/Occupant has not created any third party rights in respect of the Old
Premises or part thereof and that he and the members of his family alone are in
actual use, occupation and posse~sion of the same;
iv) He has not deposited any documents relating to the said Old Premises or any part
thereof with any person, bank or financial institution as and by way of equitable
mortgage with an intention to create any security thereon.

1)10\1'1 H)K UISCUSS1UNWI 1HUU I l'I{I:JUU1Lt.-I'Ul{ l{1::>IUt.N Ilf\L UN!I
v) He has read/been re;ld through the enlire I\greement and all the documents
related to the Property and hils expressly understood the contents, terms and
conditions of the same and has agreed to the same as binding.
vi) The Tenant/Occupant has given his unconditional consent to the Owner to carry
out entire work of re-development including to take all steps to carry out
demolition of Old Buildings and constructing New Buildings.
vii) I" case of Jny dispute or difference arising between the Ten;IIlt/Occupant and the
family members of the Tenant/Occupant in respect of the Old Premises or Rehab
Unit hereby agreed to be provided to him as aforesaid at anytime hereafter in
future and in any manner whatsoever, the same shall be settled/dealt with by the
Tenant/Occupant alone at his own costs and risks without involving the Owner. "'-0...0 u~
rDt..O ~ ~ ~U *.s. Ce-ur~ ./ ,../-a: lr"
~I'\P\~ U~V\. - '. oS \l '
9. RIGHTSOF THE OWNER
9.1 Till such time the Rehab Plot along with the Rehab Building/s are transferred to the Rehab
Organization, and subject to the obligation of the Owner to handover the Rehab Unit to
the Tenant/Occupant all the rights, directly and/or indirectly attached to and in relation to
the said Plot/Property including its further or future development by use of additional
FSIjTDR or otherwise shall always belong to and remain the personal property of the
Owner and the Owner alone is and shall always be entitled to and be at liberty to
exclusively utilize the said rights for themselves or to utilize, transfer, sell and dispose of
such right any other person in such manner as the Owner may deem fit. The
Tenant/Occupant shall not be entitled and waives his right to raise any objection to such
use ~.c!~sive~e or transfer by the Owner of such rights) . s.~.,.e.,. Ol 'iLc

M
~
~. '\ d .c.A-(MAl ~ OJ. f) t.O \'\,.(.N ~ If'.
9.2 The Tenant/Occupant hereij grants his ~press consent to the Owner any
loan or any other financial facility against the Plot and/or the New Buildings under
construction excluding the Rehab Units. This consent is on the express understanding that
such liability in relation to Rehab Plot or Rehab Buildings shall be cleared by the Owner at
DRAFT FOR DISCUSS10N WITHOUT PREJUDICE-FOR RESIDENTIAL UNIT
their own expenses hefore executing documents for tr~nsfer hy w~y of convey~nce or
lease in f~vour of the f{ehab Organization - the I\ehab Plot ~Iong with the l\eh;lb Building
"s per the provisions of MOf',\ Act.
10 FOHCEMAJEUI\E EVENT
10.1 Neither the Owner nor the Ten~nt/Occupant will be liable for any del~y in performing or
failure to perform "ny of their respective obligations under this ,\greement caused by
Force Majeure Events heyond reasonable control of either Parties.
10.2 For the purpose of this Clause Force Majeure [vent shall include
(a) reasons beyond the control of the Owner; or
. (b) non-availability of steel and/or cement or any such building material or non
availability of raw material, work force and/or break down of machinery or by
reason of war, accident, labour strike, civil commotion or any act of God or any
prohibitory order of any court against development of Property; or
(c) any notice, order, rules, notification of the Government and/or other public or
competent authority; or
(d) changes in any rules, regulation, bye-laws of various statutory bodies and
authorities affecting the development and the project; or
(e) delay in grant of any NOC from MHADA and/or MCGM
/permission/licence/connection for installation of any services, such as lifts,
electricity and water connections and meters to the project/New Premises/roac! or
completion certificate or occupation certificate from appropriate authority; or
10.3 The Party claiming the Force Majeure Events will promptly notify the other in writing of
the reason of the delay or stoppage and the likely duration and will take reasonable steps
to overcome the delay or stoppage.
lOA If the party claiming the Force Majeure Event has given the notification as above to the
other party, its performance under this Agreement will be suspended for the period that
.
the Force Majeure Event continues and the party will have iln extension of time for
performance, which is reilsonilble ilnd hilS been ilgreed between the Owner ilnd the
Ten ilnt/Occu p iln t.
10.5 As regilrds such delilY or stoppage, ilny cost
borne by the Party incurring those costs.
11. Events of Default and Consequences thereof
11.1 In the event thilt the Tenant/Occupilnt filils, neglects or defaults to Vilcilte and handover
e Old Premises to Owner Within 30 days from the receipt of Notice To Vacate, then in
t:::-- uch an event :_
>~ ~
a), The Owner will be entitled to prevent and obstruct the Tenant/Occupilnt ilnd his
r. 0 Y family members from entering into or upon or remilining in the Old Premises or
'<'/
(t\5J ~ ,n .any pilrt thereof (save and except only for the purpose of removing the
~ r Tenant's/Occupant's furniture, fixtures, fittings, goods, belongings and things from
;0<': Old Premises).
b) The Owner are hereby expressly authorized and the Owner are hereby entitled to
remove the furniture, fixtures, fittings, goods, belongings and things from Old
Premises of the Tenant/Occupant that may be lying in the Old Premises and store
the same in any warehouse at the sole risk cost charges and expenses of the
Owner.
11.2 The Tenant/Occupant hereby agrees that if the possession is delayed beyond the Date of
Possession of Rehab Unit due to Force Majeure Event in that event the Date of Possession
of Rehab Unit will automatically and accordingly stand extended by the number of days
the Force Majeure prevails (Grace Period).
11.3 In case the Tenant/Occupant or any of the tenants/occupants of the other premises in
the Old Buildings hin~Ej,rLnghampering or in any manner objecting to the development of

,n l,Oy,fI
the Property, then and in ch an event the time consumed by such hindrance and
obstructionwill be exclud d ~nd ~e ple of Possession of Reh~b Unit sh~11st~ncl

~
extended ~ccordingly. I
J
i 4~e ~ -kd ~ i l"\ clOD \'Y<.-e; )--S:
12. Remedies for breach
~ ~:f, .11:.u.l:a.J.-t.- vJ ~
12.1 In the event of any Party hereto committing a bre~ch of ~ny of the terms ~nd conditions of
this Agreement ~nd/or there being any misrepresentation or breach of any of the terms
and conditions herein contained, the Affected Party sh~lI, without prejudice to its rights
and remedies, be entitled to either seek specific performance of this Agreement.
12.2 The remedies of the Owner for any breach of or any matter relating to, any
representation, warranty, covenant, agreement or oblig~tion contained in this Agreement
set forth herein shall be in addition to the other remedies otherwise available to the
Owner.
13. Indemnification
13.1 Indemnification by the Owner
The Owner do hereby agree and undertake that they shall defend, indemnify and hold the
Tenant/Occupant harmless from and against any claims against losses, liabilities, damages,
jusigments, settlements and expenses, including reasonable attorneys' fees, incurred or

,
suffered by the Tenant/Occupant arising out of or resulting from (a) any breach by the
Owner of any representation and warranty contained in this Agreement and (b) any
breach by the Owner of any of its covenants, agreements or obligations contained herein
13.2 Indemnification by the Tenant/Occupant
The Tenant/Occupant does hereby agree and undertake that he shall defend, indemnify
and hold the Owner harmless from and against any claims, actual losses, liabilities,
damages, judgments, settlements and expenses, including reasonable attorneys' fees,
actually incurred or suffered by the Owner arising out of or .resulting from (a) any breach
by the Tenant/Occupant of any representation and warranty contained in this Agreement;

• DRAFT FOR DISCUSSION \\'lTHOUT PREJUDICE-FOR RESIDENTIAL UNIT
and (b) any breach by the Tenant of any of its covenants, agreements or obligations
contained herein
14. Miscellaneous
14.1 Nothing contained in this Agreement is intended to be nor shall be construed as a grant,
demise or assignment in law of the Rehab Premises or of the Plot and New Buildings or
any part of thereof. The Tenant/Occupant shall have no claim save and except in respect
of the Rehab Unit. The remaining portion of Property, other unsold flats/car parking
spaces, common areas, etc. shall be the property of the Owner until a Deed of
Conveyance/Deed of Transfer (as stated hereinabove) is conveyed to the Rehab
. Organisation.
14.2 The Tenant/Occupant further declares that along with him / her following
p.ersons:-
Name Age Relation
1)
2)
3)
4)
5)
6)
\(e..-e_p rn rJ 1'lC{4nL M tf0t-<k. be.uaryd:ctO) .

are using/residing in the said Old Premises and save and except said persons
mentioned above no other person or persons is / are using/ residing in the
said Old Premises.

DKAFT FOR DISCUSSION WITIIOUT PREJUDICE-FOR RESIDENTIAL UNIT •
The Tenant/Occupant agrees to indemnify and keep the Owners duly
indemnified should said persons or any person or persons claim the said Old
Premises or Hehab Unit at any time in future or should the said persons or.
any person or persons allege any rights in the said Old Premises. The
Tenant/Occupant hereby nominates above mentioned person at serial
o. hereinabove ("Nominee") to receive possession of Rehab Unit on
""-
• o'behalf of his /her Legal heirs in an unfortunate event of his / her death and
the Owners shall be discharged of their liability hereunder when they
of Hehab Unit to the Nominee subject to other terms
stated. The Owners agree that in such an
shall not insist upon production of probate, letters of
succession certificate from such nominee of the
The Tenant/Occupant'slegal heirs, Nominee and/or his / her estate
shall"indemnify and hereby indemnifies and agrees to execute Indemnity in favour of
Owner indemnifying and keeping the Owners indemnified from all claims / actions
includingcost of Advocate,whatsoeverincidental or consequential to Owner handing over
possessionof the RehabUnit to the Nominee.
14.3 The Owners agree and undertake to complete construction of Rehab
Building/s wherein the said Rehab Unit shall be provided for the benefit of
the Tenant/Occupant in a good workman like manner by using first quality
construction material and by availing good construction practice. It is
agreed by and between the Parties that in order to ensure that the
construction work is carried in a good workman like manner, 2 members of
the committee formed by Merwanji ahiwasi Sangh of which all the
tenants/occupants including the Tenant Occupant are members thereof
alongwith Architect appointed by such and Owner's Architect
shall jointly inspect the progress of can truction of the Rehab Building/s
•
every tbrc<+ months with prior written intimation to the Owner.
14..4 If the Ownerdelaythe h~ndingover of possessionof the Reh~bUnit ~greedto be gr~nted to
the Ten~nt/Occup~ntbeyond the period ;)s~greed,without reasonablecause,th~Own~er
shall p~y to the Tenant/Occupant~ sum of Rs '500

~
. ~ -".LP
- ~sa penalty for every month a
uJl t-0 "Ye,"* .
>Iay I
to -
beyond period agreed as and by way ofompen~ti", I fOr tlie Inconveniencecauseto the
Tenant/Occupantby such delay. It is however agreed and understood between the parties
here to that while calculatingthe said period, any time lost on account of force mejeure
eventsshall be excluded.
14.5 Upon Notice of Possession given by the Owner, the Tenant/Occupant shall
inspect the Rehab Unit so as to enable the Tenant/Occupant to confirm the
areas and / or Rehab Amenities as agreed have been provided. In the event
any major omissions / defects are noticed by the Tenant / Occupant and
duly certified by their Architect during such inspection, the Tenant/Occupant
shall immediately bring the same to the notice of the Owner in writing and
the Owner shall make the same good within the period of 7 days from the
date qf receipt of such intimation subject to availability of the same from
concerned manufactyrer company, from the date of receipt of intimation. It
is further agreed that in the event of any manufacturing defects, such as

e-bC- . .
working of lock, window, d00A.-which are noticed during such inspection the
Owner shall make the same good within the period of 7 days subject to
availability of the goods, articles from the manufacturer. It is agreed that the
Tenant/Occupant shall not make any alteration, modification in the said
Rehab Unit save and except furniture, fixture.
24.6 The Owner agrees that the defect liability period for water proofing of
terrace, water tank shall be for five years from the date of Occupation
•
Certific<Jte in r"espect of the Reh;]b Buildingjs and the Owner sh,,11insist upon
the water proofing <Jgency to incorporate the necess;]ry cl;]use in their.
contract, to enable the co-operative housing ;;ociet'L12-Lnvoke the lluar.antee
c1<Juse
subject to condition that the Ten<Jnt/Occupant or Rehab Or.g;]nisation
>
sh;]11not alter, modify or effect any change in its design or shall not allow its
Ten,H1t/Occupant to do any work of whatsoever nature in the terrace. The
Owner agrees that the defect liability period in respect of items, articles,
which are manuf<Jctured by the concerned company, agency sh;]/I be as per
the guarantee / warranty period as prescribed by the manufacturing
company and the Owner shall insist In their contract with such
manufacturing company to incorporate the necessary clause therein, to
enable the Rehab Organisation to invoke the guarantee / warranty clause.
The Owner agrees and undertakes to rectify major structural defects such
as cracks in beams and columns, slab for a period of 3 years from the date of
Occupation Certificate in respect of the Rehab Building/s, which may be
detected upon actual use of Rehab Unit and which can be attributed to
defective craftsmanship or defective material, save and except the defective
use, negligence, and acts of hammering or tampering (structural additions
and alterations) or any unauthorized change in the construction of
specifications or amenities is done by the Tenant/Occupant and/or by their
representative/so
14. 7The Owner shall not deliver possession of any premises to be constructed on
the said Property to any person other than existing Occupants of the said
Property and except the purchasers of commercial premises without first
completing construction and obtaining occupation certificate in respect of
the Rehab Unit agreed to be granted to the Tenant/Occupant under this

Agreement and offering to deliver vacant possession thereof lo
Tenant/Occupanl ClSprovided under this Agreement. R;~t< ,

, k feu- .e.-rS.eli\.L.e.. ~ t-vu...
14.8 The Owner shall not Clilow any person/s lo install, erect any hording,
telecommunicCltion tower, cable TV tower in the terr'Clceof proposed Rehab
Building/s mC<lnt for the benefits of the Tenant/Occupant and shall not
allow any person or persons to use the same for commercial
commercial/residential purpose. ~,C7'('
, ~ '('\1::1 0 'IJ'-V'-. ~ t.,

14.9 The Owner Clgreesand undertakes to strictly comply, abide by all the terms
and conditions of 100, c.c. as issued by the Municipal Corporation for
Greater Mumbai, including the payment of one time ground rent to the
Municipal Corporation of Greater Mumbai, if any. It is specifically agreed by
and 'between the Parties hereto that the Own~;' shall not ask the
Tenant/Occupant to shift to his / her temporary alternate accommodation
nor shall they start demolition of the

-
said Old Building unless they execute
and register agreements for perman~~e;'}:!b-llt0r(ibo#t!~~ with tht> C. ,

Tenant/Occupant in the said prope~ the bvent the Tenant/o~nt
I'- ,
fails to execute such an agreement, the Tenant/Occupant shall be liable to
indemnify the Owner for any loss caused / cost incurred by the Owner in
that regard which loss or cost shall be recoverable by the Owner from such
Tenant / Occupant and/or the amounts payable to him. The Owner agrees
and undertakes that they shall clear all outstanding bills towards payment of
property taxes in respect of the Plot and/or any penalty on such prope'rty
taxes as may be charged by any concerned competent authority till the
formation of Rehab Organisation. TheOwner herebyagr

""-----
or allot any car parkingspaceallotted to' he Ten~nts/Occupan
DRAfT FOR DISCUSSION WITHOUT PREJUDICE-f'OR RESIDENTIAL UNIT
open space rel"ting to the Rehab Building/s and also in all such piaces relating to the Rehab
Building/s where the Owner are prevented by provisions of law itself for selling or allotting
c"r p"rking sp"ce to "ny person directly under ,lilY pretext wh"tsoever nor they will sell the
common terraces or refuge area of the Rehab 8uilding/s to anyone under any pretext
whatsoever.
14.10. It is hereby agreed by and between the parties th"t in the event, but before the issuance of
plinth Cc,
>'
n account of any change in the provisions of the D C f{egulations under which
the Pro erty is being redeveloped, the minimum "rea of the rehab unit to be given to the
tenants/occupants is permitted to be increased, then the benefit of such increase in the
mini~~ area shall be proviqed to the{Tenant/occupant. $1).1/ ~ F"flO '1/; [feAl

rA.f+ ttc bt 1:,'1V ·
14.11 It is h reby agreed by and between the parties that comn n of the Rehab
Building/s what have been offered for the Tenant! Occupant sh;)11always be the exclusive
rights of the present tenants/ occupants (residential as well as commercial) and shall not be
i.'~ny manner be offered or assigned to Free Sale Premises.

• Q 1jJ}
J.12 It is hereby agreed by and between the parties that the location of" Shree Khapareshwar
situated on the said Plot will not be altered in any way and
eautificati n/renova,ti,\n of the samt .shall be done by the Owners

, •• "l\ 0-"( .
EXPENSES: All out of pocket costs, charges and expenses including the stamp duty and
registration charges of and incidental to this Agreement and the agreement in co~\on
form in respect of the said Rehab Unit in favour of the Tenant/Occupant shall be borne
and paid by the Owner alone. A.....-
14.14 Notices : Any notice or other writing required or permitted to be given under this
Agreement or for the purposes of this Agreement ( "Notice") to any Party shall be
sufficiently given if delivered personally, or if sent by prepaid registered mail or if

transmitted by fax or other form of recorded communication tested prior to trimsrnission
to such Party:
All notices and other communication shall be addressed as follows:
(a) in the case of a notice to the Tenant/Occupant at:
Attention:
FoX:
(b) in the C<lseof a notice to the Owner, at:
A5tention:
Fax:
Or at such other address as the Party to whom such writing is to be given sh<lll have last
notified to the Party giving the same in the manner provided in this Section. Any notice
person.ally delivered to the party to whom it is addressed as provided in this Section shall
be deemed to have been given and received on the day it is so delivered at such address,
provided that if such day is not a Business Day then the next day
Any notice sent by prepaid registered mail shall be deemed to have been given and
receil(ed on the fifth Business Day next following the date of its mailing. Any notice
transmitted by fax or other form of recorded communication shall be deemed given and
received on the first Business Day after its transmission.
14.15 Assignment: Neither this Agreement nor any benefits or burdens under this Agreement
shall be assignable by the Tenant/Occupant without the prior written consent of the
Owner. Subject to the foregoing, this Agreement shall inure to the benefit of and be
binding upon the Parties and their respective heirs, executors, administrators, successors
and permitted assigns.

DRAFT FOR DISCUSSION WITIlOUT PREJUDICE-FOR RESIDENTIAL UNIT
14.16 Amendments and Waivers: No iHnendment to this Agreement shall be villid or binding
unless set forth in writing ilnd duly executed by illl of the parties to this Agreement. No
wiliver of any breach of any provision of this Agreement Shilll be effective or binding
unless made in writing illld signed by the Party purporting to give the same and, unless
otherwise provided in the written waiver, shall be limited to the specific breach waived.
14.17 DISPUTERESOLUTIONAND GOVERNINGLAW
14.17 .. 1 If any dispute or difference arises between the Parties at any time relating to
the construction or interpretation of this Agreement or any term or provision hereof or

~.
the respective rights, duties or liabilities of either Party hereunder, then the aggrieved
Party shall notify the other Party in writing thereof, and the Parties shall endeavor to
resolve the same by mutual discussions.
14.17.2 If the dispute or difference cannot be resolved within a period of 7 (seven)
days, from the notice by the aggrieved Party under clause 14.17.1 above, then the dispute
shall be referred to Arbitrati6n. Arbitration shall be conducted in 'Mumbai, India in
accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any other
statutory modifications or replacement thereof. All arbitration proceedings will be in the
English language. The committee formed by Merwanji Rahiwasi Sangh shall appoint one
arbitaror. The Owner shall appoint one arbitrator. Such two arbitrators appointed shall
appoint a third arbitrator. The Arbitration shall be conducted by such t fee arbitratl""s.
~ f/a. ~ f" , t> trite; .Tt\. rc }
14.17.3 The decision of the Arbitrator shall be in writing and shall be final and bindin
on the Parties. The Award may include costs, including reasonable attorney fees
disbursements. Judgment upon the award may be entered by the Courts in Mumbai.
14.17.4 This Agreement and rights and obligations of the Parties shall remain in
force and effect pending the Award in any arbitration proceeding hereunder.
, DRAFT FOR DISCUSSION WITIIOUT PREJUDICE-FOR RESIDENTIAL UNIT
14.17.5 This Agreement shall be governed and interpreted by and construed in
accordance with the laws of India. The Courts at Mumbai alone shall have exclusive
jurisdiction over allmatte,.s arising out of or relating to this Agreement.
14.18 Severability: If any provision of this Agreement is determined to be invalid or
unenforceable in whole or in part, such invalidity or unenforceability shall attach only to
such provision or part of such provision and the remaining part of such provision and all
other provisions of this Agreement shall continue to remain in full force and effect.
,
IN WiTNESS WHEREOFThe Parties Hereto Have Put Their Respective Hands And The Seal On The
Day Arid Year First Herein Above Mentioned.
The Cornman Seal of withinnamed
OWNER Lodha Horne Developers Private limited)
been hereunto affixed Pursuant to the )
Resolution Passed by its Board of Directors )
In the presence of )
And )
Respectively who have in token hereof set their )
respective hands hereunto in the presence of )
SIGNEDSEALEDAND DELIVERED
By the withinnamed the TENANT/OCCUPANT

DRAFT FOR DISl;l!SSION WITHOUT PREJUDICE-FOR RESIDENTIAL UNIT
,,
in thc prcscnce of:--
ANNEXURE A
CONSENTTERMS
ANNEXURE B
PROPERTY
All that pieces and parcels of plot of land bearing Cadastral Survey No 137/74 of Parel Scwri
Division lying being and situated at Municipal Ward No.F/S-567 (3B), Street Nos.1-18 and 15A, Ward
No. 638 at Supari Baug Estate, Chamar Baugwalla Road now known as Dr. E. Borges Road, Parel,
Mumbai admeasuring in 4678.09 square metres or thereabouts (according to title deeds but
according to the records of the Collector of Bombay admeasuring 4298.53 sq mtrs)
ANNEXURE C
OLD PREMISES
All that premises being the Room No __ on the __ floor of one of the Old Buildings known as
Merwanji Chawl No. ~, admeasuring square metre (_ square feet) (carpet area)
constructed on the said Plot
ANNEXURE D
REHAB UNIT
All that premises being Flat admeasuring -square metres (_ square feet) (carpet area)
in one of the Rehab Building/s
ANNEXURE E
I DRArT FOR DISCUSSION WITHOUT PREJUDICE-FOR RESIDENTIAL UNIT
LIST OF REHAB AMENITIES
ANNEXURE F
LIST OF AMENITIES OF REHAB BUILDING/s
ANNEXURE G
TENTATIVE PLAN OF REHAB UNIT

Annexure -I
Rs. 100/- Stamp paper duly

Notarized &
Registered as per the Notary

Act and has to be executed
within 4 months from the date of purchase.
-
OCCUPANT'S IRREVOCABLE CONSENT
Date
To,
The Chief Officer,
Mumbai Building Repairs & Reconstruction Board,
3,d floor, Griha Nirman Bhavan,
Bandra (East), Mumbai - 400 051
Subject:- Redevelopment of property at C. S. No. 137/74 of Parel

Sewri Dil(isior>, Building No. 1-18 &15A, Dadabhoy Chamarbaugwala
Road, Building No.22, Hospital Avenue Lane and Building NO.2, Aai
Mai, Merwanji Street, bearing Cess No. / Municipal Ward No. FS-
567{3B), No.FS-567(3C) and No.FS-567(3CA) respectively, situated at
Dr. Ernest Borges Road., Opp. KEM Hospital, known as Merwanji
Chawl, Mumbai - 400012.
•
t, Shri/Smt./Ms. occupant / tenant of the
--------------
cessed Building No. 1-18 & 1SA of the above mentioned properW and occupying
Room No. on floor, hereby irrevocably give my consent for the
redevelopment of the captioned property, in accordance with the modified D.C.
Regulations 33(7) and/or 33(9) as per the Government Gazette dated 25.1.99 and its
subsequent amendment~, subject to the following terms and conditions.
\
1)1fully agree. to the\ construction of the above said redevelopment scheme by
Landlord/Developer, i.e. Lodha Home Developers Pvt. Ltd. having its office at 412,
\
lh
4 Floor, Vardhaman Chambers, Cawasji Patel Street, Horniman Circle, Fort,
Mumbai 400001.
2) The above said DeVeloper shall construct self-contained tenements in the

building proposed to be relonstructed and shall allot to me a tenement of minimum
carpet area 2L88 SCJ,Dlt,(300 Sq. ft.) or a carpet area of (specify)
equivalent to what was occupied in old building if the carpet area in the old building
\l': '\ was more than 300 sq. ft., subject to a maximum carpet area equivalent to that
occupied in the old building. Further the above said Developer shall provide carpet
area equivalent to t.hat occupied in the old building in case of Non Residential
ten~ments. I am ready to accept shop/flat admeasuring m' inaf myoid
shop/room of area ~..:.~.m' . .
\
3) I hereby undertake to shift to the temporary transit accommodation made
available on the same site or elsewhere by the said Developers / Landlords, during
the period of construction on the captioned property.
. 4) I hereby guarantee that I will vacate and handover peaceful possession of

the temporary transit accommodation after I have been given the possession of
tenements in the form of permanent alternate accommodation in the newly
constructed building by the said Landlord / De eloper. $. b ;-c
~.pA ,) J
5) I hereby declare n oath that I am voluntarily participating in the above
scheme of redevelopme and shall not claim any right of whatsoever nature
against MHADA/ MBBR Board.
6) I hereby declare that this irrevocable written consent shall be binding upon
my legal heirs, executors and successors or whosever derives the tenancy /
occupancy of the above mentioned room / tenement.
,
7) The scheme of redevelopment is clarified by the owner / developer along
with proposed building plans, amenities to be given in the new building likely
maintenance
, charges of new tenements arrangement of transit accommodation
during course of reconstruction etc. and I/We have satisfied with the same and
accepted without any hesitation, force and coercion from anybody.--,,- ---
8) The irrevocable consent is binding on me, my legal heirs, mutates, mutandis

applies to third person during course of pendency of completion of redevelopment
scheme.
Signature
Name
Date
Identified by me BEFOREME and registered at Sr. No.
_____ in Register No. as per the
Notaries Act.
(Advocate) (Notary)
""-.
",
DRAFT FOR DISCUSSION (IN RESPECT
OF RESIDENTIAL UNIT)-WITHOUT
PRKJUDICE
From:
[NAlVIEOF THE TENANT/OCCUPANT)
[ADDRESS OF THE TENANT/OCCUPANT)
Date: ----- 2015
To
Lodha Home Developers Private Limited
412, 4th Floor, Vardhaman Chambers,
Cawasji Patel Street,
Horniman Circle,
Fort, Mumbai 400 001
Dear Sir,
Sub: Irrevocable Consent for re-development of structures known as Merwanji

Chawl Nos. __ and __ ("Structures") situated at land being Cadastral
Survey No. 137/74 of Parel Sewri Division, Supari Baug Estate, Dr E
Borges Road, Parel, Mumbai 400012 ("Property") owned by Lodha Home
Developers Private Limited ("Landlord")
------------------------------------- .._----------------------_._------_. - --f'i"\--~- '~-.,-----
1) I say that I am the member of the Merwanji Rahiwashi Sangh formed y

all the tenants/occupants of Merwanji Chaw! No.2 an1l.-S nd-other
structure occupiers of the captioned Property.
2) I say that I am in exclusive use, occupation and physical possession and

otherwise entitled to the tenancy/occupancy rights in respect of premises
being Room No. __ admeasuring about sq.ft (carpet area) of
Merwanji Chawl No. _, __ floor situated on the captioned Property
("Premises"). I say that the said Premises are free from encumbrances,
lien, license or charge of any nature whatsoever, save and except the
litigation as set out in para __ below and that I have not entered into
any agreement with any third party to sell and dispose of the same.
3) I refer to the Offer Letter dated as amended from time

("Offer Letter") by and under which you have offered to re-develop the
said Structures by demolishing the Structures and constructing new
rehabilitation buildings on the said Property ("Rehab Buildings") and, in
lieu and stead of the Premises, subject to the certification by MHADA,
allot to me premises in the Rehab Buildings admeasuring __ square feet
of carpet area ("New Premises") on the terms and conditions as more
particularly set out therein.
4) In this regard a Meeting of the tenants/occupants being the members of
7" \
Merwanji Rahiwashi Sangh was held on . In the aforesaid Meeting
'1 p, ge :t); i;:;o~i

,
all the tenants/occupants including myself have agreed to grant no-
objection and consent to the Landlord for the re-development of the said
Property. A copy of the Minutes of the said Meeting is annexed hereto as
Annexure-A.
5) I hereby communicate and accord my irrevocable consent to the Landlord

for re-development of the captioned Structures including the said
Premises and rehabilitation of the tenants/occupants occupying the said
Structures on the terms mutually agreed and to be incorporated in the
Permanent Alternate Accommodation Agreement as per draft enclosed
herewith to be executed and registered by and between myself and the
Landlord, annexed hereto as Annexure-B. I have also by Irrevocable
Consent dated __ provided by irrevocable consent to the redevelopment
of the said Property to MHADA. A photocopy of the said irrevocable
consent to MHADA is annexed hereto as Annexure-C.
6) By the aforesaid Irrevocable consent dated __ , I have agreed that I shall

receive Transit Accomodation as per the provisions of applicable law. I
hereby confirm that in lieu of the Transit Accomodation, I agree to receive
Transit Rent on the terms and conditions set out in the draft of the
Permanent Alternate Accommodation Agreement annexed hereto. I
hereby waive all my rights to demand and/or claim any Transit
Accomodation from the Landlord. I hereby waive all my rights to raise any
dispute regarding the same.
7) I am aware that the Landlord has filed a suit for eviction being Suit No
__ of __ before the Hon 'ble Court of Small Causes. I hereby agree and
undertake to execute such documents including consent terms as per draft
enclosed herewith as Annexure- D, affidavits as may be required by the
Landlord for amicable settlement/ Wit.hdrawal of the said suit. h:r:1Y
wa4'e all mJ k: hts to raise any ~ute reVat ng th ~amel S ~t.;;-
8) I agree anJJ-undertake to execute and register such documents as may be
required by the Landlord for completion of the proposed transaction and
assure complete assistance to the Landlord in connection with the
redevelopment of the Property. I hereby agree and undertake that I shall
not object and obstruct the development/redevelopment being carried out
on the Property.
I therefore request you to initiate the process for the completion of the
proposed transaction for the re'development of the Property at the
earliest.
21Page
•
Yours faithfully,
For
Identified By I acknowledge the receipt hereof:
Ends: 1. Draft of PAA Agreement

2. Draft of the Consent Terms
3. Irrevocable MHADA consent
4. Minutes of Meeting
31Page
Draft for discussion purpose only subject to further review
Date:
The Chairman/ Secretary,

Merwanji Rahiwashi Sangh (Regd.),
Merwanji Chawl NO.2 & 3,
Dr E Borges Road
Opp K E M Hospital, Parel. Mumbai - 400012
Sir,
Subject Re-development of Plot bearing Cadastral Survey No 137/74 of Parel-

Sewree Division alongwith all structures thereon including Merwanji
Chawl No 2 & 3 ["Structures"] situate at Dr E. Borges Road, Parel,
Mumbai 400 012 ["Property"] owned by Lodha Home Developers
Private limited ["Owner"].
e have been informed that you and/or_your members have executed

various letters, documents, Agreements with Lodha Home Developers Private
limited ["Owner"] for providing rehabilitation units to your members in the
rehabilitation building/s to be constructed on the said Property in terms of
th applicable Regulations under the Development Control Regulations for
Greater Mumbai, 1991 meant for Permanent Alternate Accommodation.
["Contract" for short].
According to the understanding between and amongst you, your members

and the Owner, we are required to provide to you with a performance
guarantee subject to due fulfilment of terms of Contract by both the parties.
3. This being stated, we, Lodha Developers Private limited, ["LDPL"] hereby
irrevocably agree and undertake to ensure performance of the Contract by--
the Owner within the stipulated time failing which, we agree and undertake
to- reimburse to you, subject to proper verification, actual cost of
construction of rehabilitation building/s, upon your first demand. Upon
receipt of your duly signed request for_Eayment stating that the Owner has
failed to fulfil their contract however subject to you and your members duly
performing and observing their part of the obligations under Contract.
Draft for discussion purpose only subject to fllrlher review
4. For the purpose of identification your request for payment must bear or be
accompanied by a signed confirmation of the Owner stating that the latter
?~rified your signature(s) appearing on the said request for payment.
ur guarantee is valid until completion of construction of the rehabilitation

building/s meant for Permanent Alternate Accommodation and shall
. . automatically and without reference to you, expire in full on such
/ completion.
All notices to be served upon LDPL in connection with this guarantee shall be
deemed to have been duly served on them if sent to them by r.p.a.d. at the
following address:-
7. This Letter of Guarantee will be Operative only upon at least eligible _

Tenants / Occupants sign, execute and deliver all necessary Agreements
deeds / documents and complete all the necessary formalities in relation to
Permanent Alternate Accommodation to the satisfaction of the Owner.
Yours truly,
Lodha Developers Private limited
[Authorised signatory]
-
.-
BUILDING A BETTER LIFE
ANNEXURE- 'B' -MERWANJI CHAWl REHABAMENITIES
A. STRUCUTRE:
a. The building shall be RCCframed structure as per 15codes for Dead load, live load,
Earthquake resistance, wind load i.e. IS-456 and IS-1893
fb.) Typical floor to floor Height shall be 9'-4".
V External walls / Corridor walls / Unit partition walls shall be 150mm thick light-weight
blockwall. All other internal walls shall be 75/100mm thick.
d. loft shall be provided above bathrooms/toilet
e. Anti-termite treatment shall be done at plinth level of the building
f. Exterior wall with Double coat cement plaster, painted with cement paint
g. Exterior Parapet walls to be light-weight block wall; 1050mm tall from finished level
with 100mm thick RCCM25 coping.
h. Roof Parapet of 230 mm thick brick masonry of minimum 1.20m height with minimum
100 mm thick RCCM25 coping on toP.
i. For terrace waterproofing should be carried out for the entire area with staircase
cabin in three layers, viz: first chemical coating over slab surface, then old seasoned
brick bats to be laid to proper slope of average 4" thickness in 1:4 CM and china
mosaic flooring
B. ENTRANCELOBBY:
a. Floor finish - Marbital / granamite Flooring
b. Ceiling finish - Gypsum False-Ceiling
c. Wall finish - Paint (Granite jambs at elevator Door Frame) - lustre on wall, plastic on
ceilings.
The passage entrance shall be 5 feet maximum with doubled swing toughed glass door
with floor spring.
e. LIFTS:
> ...,
i. Reputed manufacturers to be considered. E.g.: Fujitec, Johnson, Omega etc - telescopic
door lifts
ii. All elevators shall be equipped with ARD
iii. Maintenance for a period of 2 years after handing over of building to be considered. ~
iv. Finishes: ".;. -:...
a. interior- Powder Coated MS -
b. Doors - 5Son ground/main entry level and MS Powder Coated on all other levels
c. Door Height - 2.1 m
d. Cabin Height - 2.4 m Cy;:~'• ~
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tOOno PoYilion, Apollo Mills Compound. N M Joshi Marg, MonoloJlmi. MlJmboi 400 011. T +91 n 2302 4400, F +91 22 230~lodhogroup.com. www.lodhogroup.com
D. PARKING
Parking shall be provided as per BMC norms
E. STREET/BUILDINGLIGHTING
a. Illumination level- 8 LUXon up to 6 M. Wide road, 15 LUXon 10 X 15 M. Wide road.

b. Separate underground armoured standard aluminium cables of XLPEto be used of 1.1
K.V.voltage grade.
c. High pressure sodium vapour lamps of 70 W for building lighting and 150 W for street
lighting.
d. Controlling arrangement with automatic ON/OFF to be made with timer and energy
saving device.
e. Supply of street light to be fed from controlling point by providing at the street light
mini-pillar separate energy meter and protective devices.
f. Street light G.!. octagonal poles of - 6.0m Height above ground level shall be provided
on suitable foundation as approved
F. SIGNAGE:
a. Reception Building Sign: Name of the project as indicated by local/relevant authority
b. Destination Signs: All the destination signs will either be represented in the form of
pictograms or text consistently across all sign types
c. Staircase sign: Fire exit staircases will have a sign which is Photo-luminescent
d. Floor Indicator in Staircase: Provide a floor indicator sign in staircase.
e. Flat Number: To be Provided
G. SOCIETYOFFICE
Society office of 200 sqft. to be provided as per BMC DCRprovisions.
H. RECREATIONAREA
Recreation area of 700 sqft to be provided, an equipped gym shall be provided in the
recreation area.
I. WATERSUPPLY
a. All the water pumps shall be with automatic control panel with water level indicator.
b. The pumps shall be so designed that overhead tank shall be filled within 2 hours and
stop with automatic controller. Following piping system is to be used:
i. Uptake Pipes: CPVCpipes

ii. Down-take Pipes: UPVC/CPVCpipes. PRVto be used to moderate pressures so that
design pressure ratings of water heaters and CP ware at any point is not exceeded
and pipeline pressure is kept below <=2.5 bar.
c. Stop cock should be provided for the wash basin and flushing tank. In addition to this
stop cock should also be provided at the entry of the water supply pipe into the
tenement.
d. Deep seal nahani trap with grating to be providing in bath area, and below kitchen sink
with appropriate size as approved by Ele.
J. SEWERAGE
a. Double Stack piping system shall be used

b. CI pipe for ground floor up to first inspection chamber and for above PVC SWR System
Soil, Waste, Rain Water & Vent to be considered.
c. Single piece PVC pipe from WC up to flushing cistern to be provided.
d. No combined pipe for S.W. Drains and sewerage shall be permitted.
e. All P & S trap shall be deep seal with seal not less tlian 80 mm.
K. COMPOUND AND OPEN AREA INFRASTRUCTURE

a. Compound Wall shall be min. 1.5 m height with RCCpillars / beams 230 mm thick
brick masonry wall with pillars as required and R.e.C coping on top
b. Entrance Gate shall be M.S Ornamental gate with good design
c. Security Guard Cabin to be provided along with washroom.
d. Common Toilet to be provided for security guard and other personnel at ground level
complete with WC, washbasin, and bathing facility.
e. Plinth protection of 0.90m in PCCM20 all around building
f. Well paved WMM roads with asphalt for vehicular access. Walkways, Footpaths shall
be covered with concrete pavers.
L. POWER DISTRIBUTION
Electrical distribution shall be designed as per relevant authority standards and regulations.
Single phase power supply shall be provided for the apartments through dedicated distribution
boards per flat. Each building shall be provided with a dedicated electrical room at Ground floor
and all the Electrical Energy meters and all other panels related to the building shall be
accommodated inside the room.
M. CABLING / WIRING
The wiring for light and small power outlets shall be with PVC insulated FR copper conductor
stranded single core wires. Complete wiring installation shall be in concealed PVC conduits.
N. FIREALARM & FIREFIGHTINGSYSTEM
Shall be provided as per CFO NOC

.: ..
O. Generator Room:
Provision shall be made for generator room along with generator.
P. Rain Water Harvesting:

The provision of Rain water Harvesting and CCTVcamera shall be made.
ANNEXURE 'A' - UNIT AMENITES
A. ELECTRICFACILITIES
LIVING ROOM / HALL:

,. a. One light point.
b. One fan point
c. One 15 Amp point
d. One telephone point
e. One Bell point
f. Two 6 amp socket point
g.
~ne ~: ry~~ts; OS' l --~
KITCHEN:
a. One light point

b. One fan point
c. One exhaust fan point
d. One 6 amp socket point
e. Two 15 amp socket point
BEDROOM
a. One light point

b. One fan point
c. Two 6 amp socket point
d. One 16 amp point for AC
BATHROOM
a. One 20A power plug for Geyser

b. One light point
c. One exhaust fan point
d. One plug point.
WC:
a. One light point

b. One exhaust fan point
c. One 6 amp socket.
INTERNALCORRIDORS:
1 tube light point - located at the center of the corridor, by the main door openings (minimum
6m interval) in common passage,individual switches for bell to each flat.
PLUMBING FACILTlES:
KITCHEN
a. Concealed UPVC-Schedule 40 pipe.

b. Nahani trap with cover plate below sink
c. Stainless steel sink of size 450 x 450
d. Tap fitting - bib cock fitting.
BATHROOM

b. Internal drainage, nahani traps, grill
c. S/Installation of CPfittings.
WC:

b. Internal drainage, fixing of trap
c. S/Installation of CPand sanitary fitting
Remarks
),.
..i
35 mm Flush door, Both Side Laminated with

mortise lock of Magnum or equivalent, an eye hole with
1 Main Door 1000x 2100 lens eye piece, 6" handle on both sides, one tower bolt
of 10" on inner side and safety chain, provision of rebate
in the door frame for safety door.
Door frame shall be marble and doors shall be
2 Toilet Door 750 x 2100 P.V.C.jequivalent
Shop Entrance
3 RS with 18 Gauge strips
Rolling Shutter -
WINDOW SCHEDULE
Aluminium
Sr
Module Type Series Glass Coating Hardware
No
All windows 4mm annealed

(except bath glass(Saint Lock: Starlock
and We) Gobain/Asahi/ Bearing: NSK
"
1 Modi/approved powder Wool pile:
20x50mm equivalent coated EPDM Gasket
SS Screws
- Bath and Rectangular 4mm annealed Powder

WC Section 127 x frosted coating
Windows 25.4 x l.3mm glass(Saint
Gobain/Asahi/M
odi/approved
equivalent
All windows will have marble frame only at sill and full size MS Grill
FINISHING
Unit Finishes
Hall & W.C. (if Common

Bedroom Kitchen Bath separate) Passage Staircase
200m 200m
\
x200mm x200mm 300mm
Vitrified Anti-skid Anti-skid x300mm
Flooring Tiles vitrified Tiles ceramic tiles ceramic tiles Ceramic tiles Cement tiles
Skirting 100mm 100mm N.A. N.A. 100mm 100mm

Glazed tiles Full Height
Wail 2'Q"above "-
Upto 1m Ht N.A.
• N.A.
Dado N.A. platform.
Cooking Black Granite with
-
Platform N.A. SS sink & shelf N.A. N.A. N.A. N.A.
@
below
Gypsum
Plaster and Gypsum Plaster Cement Cement
Wall 151 marked and 151 marked aBO above Plaster (1 Plaster(l
Finish paint paint N.A. dado coat) coat)
Birla white Birla white Birla white Birla white Birla white
Ceiling putty Birla white putty putty putty putty putty
Synthetic Walls &
Int. Paint Enamel upto Ceiling- (3)
(walls & 4': balance Coats White
ceiling) - aBO aBO aBO aBO aBO wash
Service ducts (internal)- (2) Coats White Wash
Internal Service ducts (external)- single coat cement plaster and Painted with 2 coats of Acrylic paints of
finish approved color over a branded primer coat.
(Shaft) Lift shaft 3 coats of white wash
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Mayrwanji

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Mayrwanji

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II sit @4~~i1,1Fm11 5ruj,h+i('hcrIiOn50t9~ai I.(.

4'lill6JJt mCll".2ft ~iEI (ll:ff.) ~

,) ~. ~ ~ ~ "IA\ g4r~'hI<11 ~ ~ 3if'li"\ c'0:, ~ ~ (Amen;ties List) Of%llfcru

~) g4r~'h'<1' ~'1f<r r~'h,<1'hi"", ~ ~ (11<;(1'h(Ollii (Presen13t;on) ~ ~ Of~

(r{) 9iPl11 ~ ~ {16oLjlVOiI ~ Cfi"\T'\. (Permanent Alternate Accommodation Agreemellt. )

("'Ii) g4r~'hml ~ r~'hI<1'h,'h'{1/ 4I<'1'hI'h'{1 =~ ~ ~ i\urft ~ 'f'l. (Consent to

3JT1ffi ~ -*. ~ uilfffi> <ITi\ m-.o "'l9f ~.

"'hlil<l 'P'!r oR ~ 311'l\ ~ "'!RT~ =~ f<Hffi.)

r'4'hm'h''h'{1 <"lti\~, '.Iff!f.mt Of"iJftg 31f'l'!iKr rn ilum: ~ Wtq; rm<J::l- ~ ~

MERWANJm RAHBWASHI SANGH (Regd.)

obtaining their NOCfor redevelopment.

WITHOUT PREJUDICE DRAFT FOR TENANT (RESIDENTIAL)-FOR

IN THE COURT OF THE SMALL CAUSES AT MUMBAI

LODHA HOME DEVELOPERS PVT. LTD. .. PLAINTIFFS

_____ AND OTHERS ... DEFENDANTS

amongst themselves in suit in the manner and subject to following

terms and conditions.

1. The Defendants/defendant no. _ hereby confirm that the

Plaintiff herein is the owner of property being Cadastral

Survey No.137/74 of Parel Sewri Division admeasuring

about sq. meters as per Property Register Card and

__ sq mtrs as per title deeds ("hereinafter referred to as the

"Plot") together with structures known as Merwanji Chawl

No and __ and other structures and buildings

(hereinafter referred to as the "Structures") situated at Dr.

E. Borges Road, Parel Mumbai - 400012. The said Plot

along with the said Structures thereon are hereinafter

collectively referred to as the "Property" for sake of

2. The Defendants/defendant no. _ herein confirm that they

i D::~dan,t~L~e!~ - _ OE.e-~r.e entitled to the

tenancy/occupancy lights in respect of residential premises

"Suit Premises") for rent of Rs. 120/- per month.

3. The Defendants/defendant no. _ states that they along

with all the tenants/occupants of the said Structures have

formed a Chawl Committee known as Merwanji Rahivasi

Sangh (hereinafter referred to as the "Sangh").

4. By Offer Letter dated

Letter dated and ("Offer Letters"), the Plaintiffs

offered to the Sangh the proposal of re-development of the

said Property, as per the provisions of the Regulation 33(7)

and/or 33(9) and/or 33(24) or any other provisions (except

L C"'7u+-= Regulations of Greater Mumbai, 1991 ("D.C Regulations")

• ~ ~ ~mended from time to time, interalia by demolishing the

lO 0 constructing new buildings ("Rehabilitation Buildings")

on the Plot as per the plans to be approved by Municipal

Corporation of Greater Mumbai (MCGM) and/or MHADA

and/or any other concerned authority. The Plaintiff has also

agreed to allot to the Defendant / defendant no. _ a

premises, rehabilitating the Defendants/ defendant no. _ In

the Rehabilitation Buildings on the terms and conditions set

out therein. A photocopy of the Offer Letters are annexed

5. In this regard, a Meeting of the tenants/ occupants being the

members of the said Sangh was held on . In the

aforesaid Meeting more than 70% of the tenants/occupants

including the Defendants/defendant no. _ have agreed to

grant no-objection and consent to the Plaintiff for the re-

development of the said Property in terms of the Offer

Letters. A certified copy of the Minutes of the Meeting is

annexed hereto as Annexure-"B".

tate of execution of the present consent terms ("Irrevocable

Consent to MHADA"), the Defendants/defendant no.

~ have provided their respective written consent and no-

D \<:.- " r objection to MHADAwith respect to the re-development of

.,-J;~~ MHADAis annexed hereto as Annexure-"C".