members executed affidavits and looked at the
terms of the Development Agreement. Maya Developers offered an
additional area (at a stated price) over and above ... majority that favoured the re-development and the
agreement with Maya Developers. They also participated in the
meeting that approved the terms and conditions. Some
members executed affidavits and looked at the
terms of the Development Agreement. Maya Developers offered an
additional area (at a stated price) over and above ... majority that favoured the re-development and the
agreement with Maya Developers. They also participated in the
meeting that approved the terms and conditions. Some
Developers and the Developers shall be entitled to
appropriate the same as it may deem fit and proper.
(e) To enter into agreements for sale ... agreement.
9 The nature of agreement itself shows that the
Appellants/Petitioners and the Sharyans and/or Developers were
permitted to enter into the property
draft
agreement. It was recorded that till all other agreements were finalized and
executed, it was decided to enter into MOU for other agreements ... terms and conditions of the agreements i.e. TDR agreement,
agreement for payment of contribution towards infrastructure cost by developer
and work contract in respect
development agreement.
Clause 9, 11 and 54 of the re-development agreement reads thus:
"9.
The MOU for redevelopment with developers has
been approved ... acted upon the Development Agreement as well
as have executed separate undertaking-cum-agreement with
the Respondent No. 1 Developer. They have already vacated
flats
view of section 19 of the Act of
2012, the developer was entitled to develop the said two demarcated plots which
had been specifically retained ... entitled to develop and continue to
develop the remaining layout land notwithstanding contained in the Act or in any
agreement or in any judgment, decree
developer, the purchaser
had agreed to purchase the said flat from the developer.
54. Under clause 11(m) of the said agreement it was provided ... said agreement were the rights in
respect of the particular flat specified in the said agreement. The rights of the
developer in respect
purposes. All this was being done when Respondent No. 12 -
Developer was already there. Agreement of development
between Sabha and Respondent No. 12 dated ... lease in favour of
such persons nominated by the Developer. Clause 6 of this
agreement also contemplated that if FSI in excess of 1.25
became
view of section 19 of the Act of
2012, the developer was entitled to develop the said two demarcated plots which
had been specifically retained ... entitled to develop and continue to
develop the remaining layout land notwithstanding contained in the Act or in any
agreement or in any judgment, decree
developer, the purchaser
had agreed to purchase the said flat from the developer.
54. Under clause 11(m) of the said agreement it was provided ... said agreement were the rights in
respect of the particular flat specified in the said agreement. The rights of the
developer in respect
