What is Techno Legal Aspects ‐ terms / Advise ?
For a construction project where modalities / intricacies of technical works needs to be executed with legal safeguards . The terms defined at agreement shall be crystal clear / implementable for anyone to understand & agree , acceptable for contractor / developer to execute efficiently .
For successful implementation of terms / project : ‐
An agreement between Developer & society / plot owner requires to be drafted as per primary terms agreed between parties and under the statuette law of land . ( In 99% cases ) Or It is universal truth that the terms agreed & written always varies to certain ( minor / major ) extent during implementation. Those changes can be within acceptable limits from both sides subject to perception. The Techno – legal terms / advice / expertise at this level will help provide secondary terms to be applied in cases of minor / major changes on primary terms considering the options & application with both party / side. This expands applicability of terms and allows to understand the expected differences and accordingly built up the knowledge / perception in advance. The inbuilt secondary terms will not allow the contractor / developer to manipulate OR dictate terms after agreement & during implementation. This works as major tool to avoid the disputes between parties at later date and will automatically help achieve 99% success & satisfaction.
Under differences between parties on agreed terms : ‐ Many instances are available to prove / justify that the intention / perception of any party changes as time goes by or as implementation takes place. It has been observed that at many occasion general public / society, 50% of affected party ( weaker part ) accepts the changes as it may be directed / dictated by ( stronger part ) developer / builder. The DCA Techno – legal advice / expertise at this level will help / support the weaker party , Each time the developer tries to dictate / force upon his terms, the agency / entity can be shown the secondary terms to be applied in cases of minor / major changes on primary terms. Thus a confrontation / larger disputes can be avoided and project will complete successfully 90% .
At Arbitrator / Any level of Court :‐
If still developer ( influential / stronger party ) choose to give a fight a different level. Any third party / court of law will go by written terms agreed & signed between parties, they will also consider the statute law of land. But will be able to device solution / provide relief sooner than later due to defined & agreed secondary terms. The terms once signed are not open for interpretation for any third party including the judges at any court. ( subject to same shall not supersede statute law of land ) . Thus legal battle in courts generally running for years can be avoided.
General situation: ‐
After an agreement is drafted & signed between parties ‐ Developer & society / plot owner, many a times it is drafted one sided to suit one party ( developer ) In 90% cases the perception changes as time passes also terms varies to certain ( minor / major ) extent during implementation. Due to change of mindset / on site condition / ego issue / malaise intention / cheating, Many a times the BUILDER / developer simply rebukes the COMMON MAN / society member with statement – GO TO COURT & GET ORDER . Many instances are available to prove / justify such intention. It is widely known that general public / society 50% ( weaker part ) opts to remain silent & accepts the changes as it may be directed / dictated by ( stronger part ) developer / builder. But many ( 40% ) of the citizen do chooses to give a tough fight. Hence with legal action follows another battle with / without efficient paper in hand , matter goes to different level of courts for justice. Depending upon the suitable terms written & agreed on paper added with money & influence and years long legal battle one gets reprieve from court or / arbitrator.
PROJECT OWNER - ( Society / All members combined - who owns the land. ) : - A society with its members who owns the land and utilizes the value and rights of land for construction of new building. Land value is always higher for any redevelopment project.
PROJECT MANAGEMENT CONSULTANT : - Who manages the project throughout . an agency consisting of group of technical persons / experts , Architects - Structural engineers / techno legal advisor / financial advisors, Project managers / site engineers purely as proof Consultants for safe guiding the issues and common interest of all members and society.
PROJECT EXECUTOR :- ( Developer / Builder / Contractor ) : - who constructs the building .
PROJECT - Statutory Approvals of new building design & Construction of new building : -
DESIGN ARCHITECT / Engineer ( Project Architect and structural engineer ) : - who surveys , plans and designs / graph and building drawings / elevation .
MCGM – BMC ( Local authority for project and building plan approval ) : -
“CARPET AREA” All the floor area where carpet can be laid and a can walk without any kind of disturbance, including area as allowed by MCGM at a premium, but without any flower bed, niche, dry balcony, usable duct, Etc. Or MCGM approved plan with carpet area amalgamated within regular floor of flat & clearly shown on plan.
“BUILT UP AREA” MCGM carpet area + proportionate wall area (8 to 15% wall area but clearly shown on approved plan.) without any flower bed, niche, dry balcony, usable duct, Etc. Or equal to applicable F.S.I on the plot.
“FUNGIBLE FSI” All the usable area including 10 % balcony on floor plate shall become countable & shall be called as compensatory fungible F.S.I with limitation of 35 % maximum on total FSI, This fungible FSI shall be availed from BMC without cost on existing consumed FSI / built up as per existing / old approved plan & chargeable on new / yet to be constructed FSI built up. The fungible FSI can be used for any purpose including additional carpet area to increase room size.
“PLOT AREA” – Total land in possession of owner / society with valid ownership document called “Conveyance deed “