AGREEMENT FOR PERMANENT ALTERNATE

ACCOMMODATION

THIS AGREEMENT made at Mumbai this ____ day of

________, 2020 between M/S. ATHARV INFRA LLP, (PAN
NO. ABKFA3634R) a limited liability partnership registered
under the provisions of Limited Liability Partnership Act 2008
and having its registered office at G-1, Atharv Building, Prarthana
Samaj Road, Vile Parle (East), Mumbai 400 057, represented by its
duly authorised and designated Partner/Mr Sachin H. Gunjal,
hereinafter referred to as “Developer”, (which expression shall,
unless it be repugnant to the context or the meaning thereof, be
deemed to mean and include its Present Partners, their successors
and assigns) of the ONE PART

AND

SARASWATI NILAYAM CO-OPERATIVE HOUSING

SOCIETY LIMITED (PAN NO. AAIAS9267N) a Co-Operative
Housing Society registered under the provisions of the
Maharashtra Co-operative Societies Act, 1960 under no. BOM/(W-
K/E) /HSG(TC)/647 of 1983-84 having its registered office
address at 37-A, Chittaranjan Road, Vile Parle (East), Mumbai –
400 057 through its duly authorized Managing Committee
members, (i) Mr. Sadguru M. Kulkarni (being its Chairman), (ii)
Mr. Ajit S. Dandekar (being its Secretary), (iii) Mr. Pravin M.
Soman (being its Treasurer), authorized pursuant to Resolutions
passed at the Special General Body Meeting of the Society held on
20/01/2019, authorizing them to sign all documents in the manner
indicated in the said resolution, for and on behalf of the Society,
hereinafter referred to as the “Society” (which expression shall
unless it be repugnant to the context or meaning thereof, be
deemed to mean and include the successors and assigns of the
Society and all the members of the Society for the time being and

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the respective heirs executors, and administrators of each of the
said members and the management committee for the time being
and its successors in the office) of the SECOND PART;

AND

SHRI. SUNIL NARAHARI PARAB, aged about 59 years,

having PAN NO. ALSPP0015F, Indian Inhabitant having address
at Flat No. 1, Ground floor, SARASWATI NILAYAM CO-
OPERATIVE HOUSINGSOCIETY LTD. situate at Chittaranjan
Road, Vile Parle (East), Mumbai 400 057, hereinafter called the
“MEMBER/S” (which expression shall unless it be repugnant to
the context or meaning thereof be deemed to mean and include
his/her/their respective heirs, executors, administrators and
permitted assigns only) of the THIRD PART.

WHEREAS:-

(A) The society is absolute owner of and otherwise well and

sufficiently entitled to of all that piece and parcel of land
and ground situate, lying and being at Vile Parle in the
Registration District and Sub-District of Mumbai City and
Mumbai Suburban admeasuring about 1058.75 sq. Mtrs.
(NOW 962.8 sq. mtrs. as per property register card) and
bearing C.T.S. No. 933-A-A of Vile Parle (E) & Final Plot
No. 60-B of Vile Parle (East) Town Planning Scheme No.
1, (hereinafter referred to as the “said plot of land”)
alongwith building known as “SARASWATI
NILAYAM” consisting of Two buildings, one building of
ground plus three upper floors comprising of 16 residential
flats and the other building of ground plus one upper floor
comprising of 3 residential flats (“Existing Buildings”).
Out of the three residential flats, two flats are on tenancy
basis and one flat is on Ownership basis who is admitted as
the member of the Society (hereinafter referred to as “the
said Property”) and more particularly described in the

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 Schedule – I hereunder written and).

(B) Under Development Agreement Dated 20th January 2019

executed by and between the Society and the Developers
herein, the Society has granted to the Developers herein;
development rights in respect of the said property for valid
consideration and on the terms and conditions as recorded
in the said Redevelopment Agreement. The said
Development Agreement Dated 20th January 2019 is duly
registered with Sub-Registrar of Assurance, Andheri
Taluka, Andheri – 7 on 7th February 2019 under Sr. No.
BDR-18/1621/2019.

(C) In terms of the said Development Agreement Dated 20 th

January 2019, the Developers are authorised to develop the
said property and provide the members with new flats on
ownership basis as and by way of Permanent Alternate
Accommodation free of costs.

(D) On the basis of the Development Agreement dated 20 th

January 2019, the Developers submitted plans to the
MCGM and have obtained the requisite IOD bearing IOD
No. CHE/WS/1102/K/337 (NEW)/IOD/1/Amend dated
31/08/2019 and commencement certificate bearing no.
CHE/WS/1102/K/337(NEW)/CC/1/New dated 7th
December 2019.

(E) The Society has allotted to the Member herein 5 Shares of

Rs. 50/= each bearing distinctive numbers from 1 to 5
under share certificate No. 1 Dated 29/10/1984 (hereinafter
referred to as the "said Shares"). By virtue of holding
membership rights in the said Society, the said Member is
also owner of residential Flat No. 1, ground floor,
admeasuring about 825 Sq. ft. Carpet in the building known
as " SARASWATI NILAYAM” situate at Chittaranjan

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 Road, Vile Parle (East), Mumbai 400 057(hereinafter
referred to as "said Old Premises").

(F) The Member has agreed to accept as and by way of

Permanent Alternate Accommodation a residential Flat in
the new building to be constructed by the Developers on
the said property.

(G) The parties hereto are desirous of recording the said terms
and conditions agreed between them as hereinafter
appearing:

NOW THIS AGREEMENT WITNESSETH AND IT IS

HEREBY AGREED BY AND BETWEEN THE PARTIES
HERETO AS UNDER:

1) The recitals contained hereinabove and the Annexure

herein shall form integral and operative part of this
Agreement as if the same were set out and incorporated
herein.

2) The Member declares that he is the owner with respect to

the said old premises and is in use, occupation and
possession of the said old premises for the purpose of
residence and the said old premises is free from any
encumbrances.

3) The Member declares that he is the only person entitled to

the said old premises and that he is entitled to enter into this
agreement and that save and except the Member herein 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 license, inheritance, caretaker,
lease, sub-lease etc. The Member hereby agree/s to get the
N.O.C. from the person or persons claiming through him
and further agrees to indemnify the Developers against any

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 loss which may be sustained by the Developers and/or
expenses that may be incurred for defending any action
brought about by such person or persons.

4) With the express knowledge of the Society, the Developers

have agreed to allot to the Member and the Member has
agreed to accept residential Flat No. 301 & 302, 3rd floor in
the new building to be constructed by the Developers on
the said property. The Developer has agreed to allot
existing area of 825 Sq. ft. Carpet + additional area of 27%
i.e. 223 Sq. ft. Carpet (inclusive of areas available by way
of Fungible FSI and/or any other FSI available by whatever
name). However the Member has intended to purchase an
additional carpet area of 272 sq. ft. (hereinafter referred to
as “purchased carpet area”) from the Developer for a
certain consideration. Thus the area of the new Flat shall
be 1320 sq. Ft. Carpet (i.e. 1380.38 Sq. feet Carpet area as
per RERA).

Due to planning constraints the Developer cannot provide

one flat of the total area and has requested the member to
take two smaller flats totally aggregating to 1320 sq. feet
carpet area (i.e. 1380.38 Sq. feet Carpet area as per RERA).

The member has accepted the request of the Developer and

the Developer has thus agreed to allot the member two
separate flats i.e. Flat No. 301 on the 3rd floor admeasuring
660 sq. ft. carpet (i.e. 690.19 Sq. feet Carpet area as per
RERA) and Flat No. 302, on the 3 rd floor admeasuring 660
sq. ft. carpet (i.e. 690.19 Sq. feet Carpet area as per RERA).

This Agreement pertains to Allotment of Flat No. 302,

3rd floor admeasuring 660 Sq. Ft. carpet (i.e. 690.19 Sq.
feet Carpet area as per RERA) and for allotment of Flat
No. 301, 3rd floor a separate agreement for permanent

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 alternate accommodation agreement is being executed
simultaneously.

The member has agreed for a total consideration of Rs.

1,08,78,000/- (Rupees One Crore Eight Lakhs Seventy
Eight Thousand only) for the additional purchased area.
Out of the same, Member shall pay a sum of Rs.
13,20,000/- (Rupees Thirteen Lakhs Twenty Thousand
only) to the Developer on or before execution of the present
agreement and balance consideration shall be paid in the
following manner:-

Sr. No. Stage of Work Percentage of

Payment

1. At the time of execution of this Agreement 50%

2. Completion of Plinth 5%

3. 3% after completion of each slab (10 Slabs) 30%

5. After completing of RCC 03%

6. After completion of internal finishing work 02%

7. At the time of handing over possession of the 10%

flat

100%

5) The said Permanent Alternate Accommodation is more

particularly delineated on the typical plan with individual
flat marked in red colour boundary line which is annexed
hereto as Annexure "A" to this Agreement and more
particularly described in Schedule – II attached hereto.

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6) It is agreed that if the member failed to make payment of
sale consideration for her additional purchase within the
stipulated time mentioned hereinabove, then he shall be
liable to pay interest @ 18% per annum thereon to the
Developers.

7) It is agreed that Permanent Alternate Accommodation and

the said new building shall have the amenities as provided
in the Annexure – ‘8’ of the Development Agreement dated
20/01/2019 which shall be part and parcel of this
Agreement.

8) The member has already handed over quiet, vacant and

peaceful possession of their existing old premises to the
Developer for demolition.

9) The Developers have agreed to pay total a sum of Rs.

2,500/- (Rupees Two Thousand Five Hundred only) per
Sq. ft. on Carpet area of their existing flat to each of the
Members as and by way of one time hardship
compensation payable as under:-

Instalment Amount (Rs.) Payable on

FIRST Rs. 1723/- per sq. Paid on execution and
feet i.e. registration of this
Agreement.
SECOND Rs. 777/- per sq. feet Within 30 days of the
rectification of area on
site as per the property
card in proportion of
the rectified area above
928.82 sq. mtrs.
Rs. 2,500/-

10) In order to enable the Member to shift to temporary

alternate accommodation/transit accommodation to be
arranged by the Member on their own during the period of
construction, the Developers shall pay Displacement
Allowance to the Member to procure temporary alternate
accommodation on Leave and License basis the flat

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 Member shall be paid a Displacement Allowance on the
following terms:-

a) The Developers shall pay displacement

compensation @ Rs. 90/- (Rupees Ninety Only) per
Sq. Ft. per month on carpet area of the existing flat,
to the Member to procure temporary alternate
accommodation. Such displacement compensation
shall be paid by one single installment cheque for
the first term of 12 months at the time of handing
over vacant possession of all Flats and property by
the member/sand society to the said Developers,
which the Developer has already done upon
receiving vacant possession from Member. The
Developers shall hand over 12 post dated Cheques
with increased amount of displacement
compensation i.e. Rs. 100/- (Rupees Hundred Only)
per Sq. feet per month, in relation to the above
compensation for the next term of 12 months to
each of the members before the expiry of 1st term.

b) The Developers shall continue to pay the said

increased displacement compensation till the said
Developer offers to hand over vacant peaceful
possession of the Flats.

11) The Developer agrees to pay a sum of Rs. 20,000/-

(Rupees Twenty Thousand only) to Member/s, on the
date of handing over of possession of the said old
premises, towards the shifting charges i.e. for shifting
the belongings of the Member from the said old
premises to the temporary alternate accommodation and
towards the Re-shifting charges i.e. for shifting the
belongings of the Member from the temporary alternate
accommodation to the permanent new accommodation
in the said New Premises, after intimation is given by

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 the Developer to the Society to take possession of the
Members Premises.

12) It is also agreed that, the Developer shall pay to the

Member equal to one month’s displacement
compensation amount as brokerage for procuring
temporary alternate accommodation during the period of
construction (i.e. Rs. 90/- per sq. ft. carpet as onetime
costs).

13) The Developers hereby agree, declare and confirm that:-

a) The Developers alone shall bear and incur and pay

all costs, charges, expenses, premiums and the
construction costs on the said new flat and shall
sanction redevelopment plan from MCGM and
obtain further CC in due course.

b) Pay all the amounts payable including in the nature

of refundable deposits to the M.C.G.M. for
obtaining requisite approvals for building plans.

c) Proceed and/or commence to develop the said

property at their own costs and at their own risk and
on their own account, to the utmost extent
permissible by constructing new building and for
that purpose shall engage at their own costs, their
own Architects, R.C.C. Consultants, Security
personnel and other professional for supervising the
construction work, and shall pay and bear all other
incidental charges and costs for carrying out and
completing the construction work and the matters
connected with the said property and the
development thereof.

14) The Developer shall develop the said property by

putting up a construction of the building in which

9
 Member/shall get permanent accommodation as
stated hereinabove in lieu of the said old premises
occupied by them, in the new building to be
constructed by the Developer on the said Land. It is
further agreed that due to planning constraint there
can be increase or reduction in area upto (+/-2%). On
reduction in area beyond 2% of the area agreed to be
provided the Developer shall be required to pay the
compensation @ Rs. 33,000/- (Rupees Thirty Three
Thousand only) per Sq. ft. Carpet area to the
member, likewise on increase in area beyond 2% of
the area agreed to be provided the members shall pay
to the said developers the compensation @ Rs.
33,000/- (Rupees Thirty Three Thousand only) per
sq. feet.

15) The Developer has agreed with the Society that the
Developer will; subject to force majeure; or due to
change in government policy carry out and complete
the construction work of the said intended building
within 30 months from date of obtaining
commencement certificate with a grace period of 6
months aggregating to 36 months. The period of 36
months shall hereinafter be called “the stipulated
completion period”). Provided that if there is delay in
completion of the building beyond the period of 36
months, due to: Non availability of steel, cement,
sand, other building material, Water or electric
supply; War, strike, riots, Civil Commotion or Act of
God including earthquake, flood, tempest, typhoon or
any other natural calamity; any notice, order, Rule,
Notification of Government and/or other public or
other competent authority; delay beyond the control
of Developer in obtaining necessary permission from
the MCGM or other concerned authorities for

10
 utilizing, loading and consuming on the said property
or buildings to be constructed thereon, the Transfer of
Development Rights FSI available under
Development Control Regulations, 1991 or any
modification or amendments thereto; or any other
causes beyond the control of the Developer, then in
such an event the Developer shall be entitled to
extension of time during which such force majeure
conditions prevail and the Developer in such a case
agree to continue to pay to the Member the monthly
compensation till such time till the Developer
completes the construction of the said intended
building and notify the Society to take possession of
the Members’ Premises. The Developer will have to
apply for extension in completion period to the
society in writing and get approval/answer in writing
from society for delay due to above conditions,
immediately on arising the same.

16) On completion of construction of the new building

and after obtaining full occupation certificate from
MCGM for the entire new building, the said
Developers shall notify the Member to take
possession of the Flats in the Members allocation.
The Member shall take possession within 30 days
from the date of the notice. On the expiry of 30 days
from the Developers notifying the Member to take
possession of the Member allocation, the Developers
will no longer have to pay the displacement
compensation.

If the Member fails to take possession of Permanent

Alternate Accommodation, then the Member shall be
personally liable to pay compensation and other
outgoings of the temporary alternate accommodation

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 and Developers shall be discharged from the said
liability/obligation thereafter.

It is agreed and declared that at the time of taking

possession of Permanent Alternate Accommodation
in the newly constructed building, the Member shall
refund balance amount of displacement
compensation, if any, to the Developers which is
received for procuring Temporary Alternate
Accommodation.

17) The Developers shall be entitled to sell on

ownership basis the remaining Flats in the building
to be constructed by them on the said property to
the prospective purchasers and for that purpose to
enter into on their own behalf, risk and
responsibility agreements or letter of allotment,
Agreement For Sale, Sale Deed or such other
writings or documents in their own name.

18) On and from the date of taking possession of Permanent

Alternate Accommodation or on expiry of the notice
period of 30 days as stated above the Member shall be
bound and liable to pay and shall pay his/her share in
the maintenance and other charges in respect of the
Permanent Alternate Accommodation including
property taxes, water charges, electricity charges,
service charges and all other outgoings to the Society.

19) This Agreement will be treated as Agreement under the

provisions of Maharashtra Ownership Flats Act, 1963
and/or Real Estate Regulation Act, 2016 and all terms
and conditions of the regular Agreement which the
Developers enter into with the flat Purchasers in the new
building shall be deemed to have been included and
incorporated in these presents and the Member as the

12
 Purchaser of the new premises shall be bound by the
same.

20) It is agreed that after possession of the Permanent

Alternate Accommodation is taken from the Developers
the Member shall not do any act or thing which will
spoil, change the elevation/exterior of the new building.
It is further agreed that under no circumstances the
garbage will be thrown in the passage, stair case or in
the building compound.

21) The Member shall not use the said new flat or permit the
same to be used for any purpose whatsoever other than
the purpose for which it is allotted (residential use only)
or allowed by the Municipal Corporation nor for any
other purpose which may or is likely to cause
hindrance/annoyance to the Developers and Occupiers
of the other premises in the said new building/s or to the
Developers of the neighboring properties nor for any
illegal or immoral purposes.

22) All notices/correspondence to be served on the Member

as contemplated by this agreement shall be deemed to
have been duly served if sent to the Member under
Certificate of Posting/ Regd. A.D./courier at their
address mentioned below.

Address of the Member/s

Flat No. B 21 Palash Towers, Veera Desai Road, Andheri

(W), Mumbai.

Address of the Developers

M/S. ATHARV INFRA LLP,

G-1, Atharv Building,
Prarthana Samaj Road,
Vile Parle (East), Mumbai 400 057.

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23) During the subsistence of this Agreement the members
herein will be entitled to sell/transfer their respective
flats in the new building/s under construction subject to
terms and conditions of this Agreement and
Development Agreement Dated 20/01/2019 and with
prior approval of the Society and Developers herein.

24) The Society/members and the Developers herein agree

and confirm that the Development Agreement Dated
20/01/2019 and the Power of Attorney Dated
27/01/2019 are valid and subsisting and binding upon
the parties thereto and he confirm all the clauses and
statements made herein.

25) The Society hereby declares that the said property is

absolutely free from any encumbrances, charge, lien or
otherwise, the Society also declare that the they have
not received any notice from any quarter or under any
law for the time being in force, nor any suit/proceedings
is pending in any Court against the said property. The
Developers on behalf of the Society have obtained the
title certificate from Mr. Trigoon S. Patwardhan,
Advocates High Court. The copy of the Title Certificate
of Mr. Trigoon S. Patwardhan, Advocates High Court
is annexed and marked as Annexure “B” and the
relevant revenue records/property card of the said
property on which the new building and the said flat is
to be constructed are annexed and marked as Annexure
“C".

26) The stamp duty and registration charges payable on the

area to be provided free of cost shall be borne and paid
by the developers only. However, the stamp duty and
registration charges payable on the area purchased for
consideration by the member shall be paid and borne by

14
 the member only, together with GST as may be
applicable.

27) The member who has purchased an extra area shall be

required to pay the GST and any other taxes levied by
government at that time or at any time on the extra area
purchased by him. Also, GST as levied by the Authority
on the existing carpet areas and the areas given free of
cost to the member, shall be borne by the member alone.
The stamp duty and penalty if any payable on the old
agreements of respective Member’s existing flats shall
be paid and borne by the respective Member only. Also,
all direct and indirect taxes on the existing areas and
area given free of costs to any member shall be the
liability of the member and the member alone shall pay
the same from time to time.

THE FIRST SCHEDULE HEREINABOVE REFERRED TO

All that piece and parcel of land and ground situate, lying

and being at Vile Parle in the Registration District and Sub-

District of Mumbai City and Mumbai Suburban

admeasuring about 1058.75 sq. Mtrs. (NOW 962.8 sq. mtrs

as per property register card) and bearing C.T.S. No. 933-

A-A of Vile Parle (E) & Final Plot No. 60-B of Vile Parle

(East) Town Planning Scheme No. 1, ALONGWITH

constructed Two buildings, one building of ground plus

three upper floors comprising of 16 residential flats

( occupied by the members of the Society) and the other

building of ground plus one upper floor comprising of 3

residential flats (Occupied by One member and Two

15
 Tenants) situated at Chittaranjan Road, Vile Parle (East),

Mumbai – 400 057 and bounded as follows:

On or towards East : by plot bearing C.T.S.

No.956 of Vile
Parle (E) & F.P.
No.64 of Vile Parle
(E), Town Planning
Scheme No.1

On or towards West : by plot bearing C.T.S. No.957 of Vile

Parle (E) & F.P.
No.65 of Vile Parle
(E), Town Planning
Scheme No.1

On or towards North : by plot bearing

C.T.S. No.933 of
Vile Parle (E) & F.P.
No.60-A of Vile Parle
(E), Town Planning
Scheme No.1

On or towards South : by public road known as Chittaranjan

Road

THE SCHEDULE – II ABOVE REFERRED TO:

ALL THAT piece and parcel of Flat No. 302, 3 rd floor

admeasuring 660 Sq. ft. Carpet (i.e. 690.19 sq. ft. RERA carpet)

(inclusive of area available by way of Fungible FSI and/or any

other FSI available by whatever name), in the new building to be

constructed and known as known as "ATHARV SARASWATI-

SARASWATI NILAYAM CHS. LTD.” on plot of land more

particularly described in Schedule – I above referred to.

16
IN WITNESS WHEREOF the parties hereto set and subscribed
their hand on the day, month and year first hereinabove written.
SIGNED SEALED AND DELIVERED by the)
Withinnamed "THE DEVELOPERS" )
M/S. ATHARV INFRA LLP ) Left hand
thumb
through its Partners )
Photograph impression

Mr Sachin H. Gunjal )
in the presence of ...................) ______________

Witness:-

1.
2.

SIGNED, SEALED AND DELIVERED )

by the withinnamed “THE SOCIETY )
SARASWATI NILAYAM CO-OPERATIVE )
Left hand
HOUSING SOCIETY LIMITED through ) ) thumb
Photograph
impression
its Chairman - Mr. Sadguru M. Kulkarni )
__________

its Secretary – Mr. Ajit S. Dandekar )

Left hand
thumb
Photograph
impression

__________________
its Treasurer-
Photograp
Mr. Pravin M. Soman h )
Left hand
) )
thumb
impression
The party of the First Part ) )

17
In the presence of ………………………..

_______________

Witness:-

1.

2.

SIGNED SEALED AND DELIVERED by )

the withinnamed `MEMBER’ )
Left hand
MR. SUNIL NARAHARI PARAB ) thumb
Photograph impression
in the presence of ……………..…… )
________________

Witnesses :-

1.
2.

18
 ************************
*********
DATED THIS ___ DAY OF
_______, 2020
************************
*********

BETWEEN

M/S. ATHARV INFRA

LLP
……DEVELOPERS
AND

SARASWATI NILAYAM
CO-
OPERATIVESOCIETY
LIMITED

……………. SOCIETY
AND

MR. SUNIL NARAHARI PARAB

……….MEMBER

*******************************
**
AGREEMENT FOR
ALTERNATE
ACCOMMODATION
*******************************
**

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