| Q.1. |
Whether
persons who have lost their residential accommodation or business premises
would be entitled for restoration after the construction of the new building
or repairs or reconstruction? |
| Ans. |
Yes. The privity
of Contract does not come to an end the builder and developer are bound
to reconstruct the building and provide residential or commercial accommodation
with the help of Government and other Authorities (Ref. Bom.C.R.1996(4)
414)
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| Q.2. |
Whether
obligation of builder and developer to reconstruct the building after collapse
in earthquake comes to an end ? |
| Ans. |
No. The Builder and Developer
is supposed to be the promoter and trustee under the Maharashtra Ownership
Flat Act, 1963 and rue obligation to reconstruct the building does not
come to an end unless it is specifically mention to that effect in the
agreement.
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| Q.3. |
Whether
the right of the flat owner come to an end after the building collapse
in earthquake or any other natural calamities ? |
| Ans. |
No. Even if the building
collapses on account of flood, cyclone, bombing, earthquake etc. the previty
of the contract does not come to an end, the Bombay High Court where the
building was destroyed by fire has held that the previty of the contract
continues and tenant is entitled for restoration of tenancy rights. In
case of Ownership Flat Act this right will be still better than under Rent
Act.
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| Q.4. |
Whether
the Flat Owner is required to enter into another Agreement in writing and
pay the stamp duty or registration fees for the second time in respect
of the said premises? |
| Ans. |
No. Because though the
building is destroyed, demolished or collapsed statutory rights continues
and it will not be legal to force them to make the payment second time.
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| Q.5. |
Whether
HDFC, LIC, GIC or other financial institution can recover the loan given
to the flat owners though the building completely collapsed? |
| Ans. |
The flat in the building
or building over the land is mortgaged when the loan is taken even if the
building collapses, financial institutions will have claim over the land
and they can recover the loan.
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| Q.6. |
Whether
HDFC, LIC, GIC can recover the amount from owner of the land and builder
and developer? |
| Ans. |
Yes. The Flat Owner fails
to pay or refund of loan it can be recovered from selling the land or from
the money collected by the builder and developer at the time of sale of
the flat.
For the Architect
i) Is it not
responsibility of the Architect to satisfy that the building is constructed
as per approved plan by the Municipal Corporation and satisfy that the
material used for construction of the building is according to the specification
and construction is made under supervision of experienced architect or
contractor.
ii) Whether it is obligatory
of Architect to see that there is no violation of FSI and no owner of the
building or developer allow to make any additional alteration or construction
though some times permission is wrongfully obtained from Municipal Authority
iii) To what extent architect
should held responsible for the lose of life and property.
For Municipal Officers
i) Whether the
Municipal Officers can permission to make alteration and construction by
allowing to make loft or magazine floor without producing the structural
stability certificate.
ii) Whether the Municipal
Officers individually and collectively should be held responsible for the
damages arising out of lose of human life and property.
For Government Officers.
i) Whether the
Govt. the Collector of Stamps requires to refund the stamp duty fully or
partly when the building could not be constructed or whether they are bound
to adjust the said amount when the Flat Owner enter another agreement in
leave of old agreement.
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