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AGREEMENT FOR PERMANENT ALTERNATE

ACCOMMODATION

This AGREEMENT FOR PERMANENT ALTERNATE

ACCOMMODATION is made and entered into at Mumbai on this ___ day
of _________________, 2018August, 2013;

BETWEEN: VISION INFRASTRUCTURE, a partnership firm duly

registered under the Indian Partnership Act, 1932 and having its Office
at Floville, Ground Floor, St. Joseph Avenue, Near Khar Sub-way,
Santacruz (West), Mumbai-400054, hereinafter referred to as the said
“DEVELOPERS” (which expression shall unless repugnant to the context
or meaning thereof be deemed to mean and include its successors and
assigns) of the FIRST PART;

AND: LOURDES CO-OPERATIVE HOUSING SOCIETY LIMITED, a Co-

operative Housing Society duly registered under the provisions of The
Maharashtra Co-operative Societies Act, 1960, having Registration
No.BOM/HSG/TC/1488/84/85 and having its Registered Office at I. C.
Colony, Borivali West, Mumbai 400 103, through its present Managing
Committee members (i) Mr.George Alex, Hon. Chairman
(ii)Mr.Chandravadan K. Shah, Hon. Secretary and (iii) Mr. Dattatraya C.
Patil, Hon. Treasurer, all Adults, Indian Inhabitants, 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 all its
existing members and successors and assigns) of the “SECOND PART”;
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AND: MR. CHANDRAVADAN K. SHAH, Adult/s, Indian Inhabitant/s of

Mumbai, presently having address at Flat No.402, Fourth Floor, of
Lourdes Co-Operative Housing Society Limited, situate at I.C. Colony,
Borivali (West), Mumbai-400103, hereinafter referred to as the
“MEMBER/S” (which expression shall unless it be repugnant to the
context or meaning thereof be deemed to mean and include his legal
heirs, executors, administrators and assigns etc.) of THIRD PART;

WHEREAS:
A. By an Indenture dated 4th April 2008 duly registered with the Sub
Registrar of Assurances at Bombay under Serial No.BDR53170/
2008 of Joint Sub-Registrar of Assurance, Borivali Taluka 2 on 4th
April 2008 (hereinafter referred to as the said “DEED”) made and
executed between the Original Owner through his duly Constituted
Attorney Mr. Lyn Neville Nazareth (therein referred to as the
“Owner”) of the One Part and Lourdes Co-operative Housing
Society Ltd. (therein referred to as the “the Society / Purchasers”) of
the Other Part, the Owner under the said Deed sold, transferred
and conveyed unto the Purchasers, all that piece and parcel of
land bearing Plot No. 2, C.T.S. No. 1130, Survey No. 107, Hissa
No.4 (part), Village Eksar, Borivali West, Mumbai-400103, as per
the Property Registered Card admeasuring 461.2 square meters
(including the set-back area of 33.7 square meters) and the net
area 427.5 square meters, as more particularly described in the
Schedule of Property thereunder written at and for a consideration
and on the terms and conditions as more particularly set out in
the said Deed;

B. The 10 (Ten) Purchasers / Allottee’s of residential Flats came

together and formed a Co-operative Housing Society under the
provisions of the Maharashtra Co-operative Societies Act, 1960
under Registration No. BOM / HSG / TC / 1488 / 84 / 85 and
known as LOURDES CO-OPERATIVE HOUSING SOCIETY LTD.
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(hereinafter referred to as the said “SOCIETY”). The Purchasers/

Allottee’s who are also the Owners of their respective Flat/s in the
Building known as “Lourdes Building” and having 10 Residential
Flats comprised in Ground plus Four Upper Floors (hereinafter
referred to as the said “BUILDING”);

C. The said Society, inter alia, pursuant to the said Deed dated 4th
April 2008 is presently fully seized and possessed of all that piece
and parcel of land bearing Plot No. 2, C.T.S. No. 1130, Survey No.
107, Hissa No. 4 (part), Village Eksar, Borivali West, Mumbai 400
103, as per the Property Registered Card admeasuring 461.2
square meters (including the set-back area of 33.7 square meters)
and the net area 427.5 square meters (hereinafter referred to as
the said “PLOT”) and the said Building standing thereupon. The
said Plot and the said Building hereinafter jointly referred to as the
said “PROPERTY” are more particularly described in the
SCHEDULE OF THE PROPERTY hereunder written. The said Plot
is admeasuring 427 Sq. Mts. net as more specifically shown in the
lay out Plan and also in the copy of Index-II as furnished by the
Society to the Developers. The said Plot is shown demarcated in
Red Colour boundary line on the copy of Lay Out Plan (annexed
hereto is the copy of the said Index-II and copy of the Layout Plan
and marked as ANNEXURES “1”& “2”) respectively;

D. By Development Agreement dated 04/02/2010 and duly registered

with the Joint Sub-Registrar of Assurances, Borivali Taluka 1
under Sr. No. BDR-2/01226/2010, (hereinafter referred to as the
said “DEVELOPMENT AGREEMENT”) executed between Lourdes
Co-operative Housing Society Ltd. (therein referred to as the said
“Society”) of the First Part and Vision Infrastructure (therein
referred to as the said “Developers”) of the Second Part, the Society
therein, inter alia, through the said Development Agreement
granted to the Developers therein full and complete rights for the
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development in respect of the said Property of the Society for

constructing a new building (hereinafter referred to as the said
“PROPOSED BUILDING”) in accordance with the plans as may be
approved by Municipal Corporation of Greater Mumbai (hereinafter
referred to as the said “MCGM”) by demolishing the presently
existing said Building and constructing the said Proposed Building
upon the said Plot by using the FSI and the TDR FSI to the
maximum permissible extent that may be/become available
presently or in future in respect of the said Plot at or for the
consideration and upon the terms and conditions therein
mentioned;

E. The said Society had allotted to the said Member/s herein 5 (Five)
fully paid up shares of Rs. 50/- (Rupees Fifty Only) each bearing
distinctive numbers from __ to __ under a Share Certificate No. __
dated ___________ (hereinafter referred to as the said “SHARES”).
By virtue of holding the said Shares and the membership rights in
the said Society, the said Member is presently in use, occupation,
enjoyment and physical possession of a Residential Flat being Flat
No.402 on the 4th (Fourth) Floor admeasuring about 446 Sq.ft.
Carpet area in the building known as “Lourdes Building” of the
Lourdes Co-operative Housing Society Ltd., situate at Cross Road
No.3, I.C. Colony, Borivali West, Mumbai 400 103 (hereinafter
referred to as the said “FLAT”). The said Shares and the said Flat
jointly hereinafter referred to as the said “OLD PREMISES”;

F. The said Member/s had consented to and accepted the terms of

the said Development Agreement and handed over the quiet,
vacant and peaceful physical possession of the said Old Premises
in the said Building of the Society to the said Developers for the
purpose of redevelopment of the said Property shall demolish the
presently existing Building standing on the said Plot and construct
thereupon the said Proposed Building, the Developer has agreed to
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provide free of cost to the said Member/s a residential Flat

admeasuring 558 Sq.ft. constructed carpet area (usable an internal
wall to wall) hereinafter referred to as the said “PERMANENT
ALTERNATE ACCOMMODATION”. The Annexure “E” to the said
Development Agreement dated 04-02-2010 provides the carpet
area to be offered as 513 Sq. ft. which was calculated as 15% over
and above the existing/old carpet area of the flat. However, due to
the amendments and/or changes in the Development Rules of
MCGM, more explicitly outlined in the letter dated ________ issued
to the Society by the Developer, a copy of which is annexed as
Annexure “3” hereto, an additional 10% carpet area in addition to
15% (as provided in the said Annexure “E”) has been offered in lieu
of balcony and flower bed; Thus the Annexure “E” to the
Development Agreement and the various clauses referred to in the
Development Agreement dated 04-02-2010 stand modified so far
as the area being offered now and the final carpet area offered now
stands corrected to 558 Sq. Ft. Due to plan exigencies the actual
carpet area being provided now is 525 Sq.ft. and the developer
agrees to compensate for the difference between offered/eligible
carpet area of 558 sq. ft. and 525 sq. ft. carpet area being provided
to the Member, at a rate of Rs. _________ per sq.ft.

G. The Developer in pursuance of the said Development Agreement

has agreed to allot to the said Member the said Permanent
Alternate Accommodation being Residential Flat No.401 on the
4th (Fourth) floor admeasuring 525 sq. ft. constructed carpet
area (internal wall to wall) viz. the said Old Premises including
additional 79 Sq.Ft. constructed carpet area (usable and internal
wall to wall), hereinafter referred to as the said “NEW PREMISES"
and more particularly described in the SECOND SCHEDULE OF
PROPERTY hereunder written in the Proposed Building/s on
ownership basis and along with the further monetary benefits in
the form and on the terms and conditions as specifically mentioned
in the said Development Agreement and in conjunction with the
letter dated __________ being ANNEXURE “3” hereto;
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H. AND WHEREAS, in pursuance of the said Development Agreement

the parties hereto are desirous of recording in writing all the
benefits, rights and privileges to incur to each of the individual
Member/s of the said Society under the re-development scheme in
the manner as hereinafter appearing:

NOW THIS AGREEMENT FOR PERMANENT ALTERNATE

ACCOMMODATION WITNESSETH AND IT IS HEREBY AGREED BY
AND BETWEEN THE PARTIES HERETO AS UNDER:

1. The recitals contained hereinabove shall form integral and

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

2. The said Member/s as well as the said Society hereby agree to sign
and execute all such papers, writings and documents as may be
required by the Developers for the purposes of obtaining the
Intimation of Disapproval (hereinafter referred to as the said
“IOD”), sanctioned plan/s and the Commencement Certificate
(hereinafter referred to as the said “CC”) from the said MCGM as
and when required.

3. The said Member/s declares that he/she is presently the Owner/s

in respect of the said Old Premises being 5 (Five) Shares of Rs.
50/- (Rupees Fifty Only) each bearing distinctive nos. ___ to __
(both inclusive) under Share Certificate No. __ issued by the
Society on ____________ and the said Flat No.402, on the 4th
(Fourth) Floor, admeasuring 446 Sq.ft. Carpet area in the said
Building and is in use, occupation and possession of the said Flat
for the purpose of RESIDENCE and the said Old Premises is free
from any kind of encumbrances beyond reasonable doubts.
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4. The said Member/s declares that he/she is the only person

entitled to the said Old Premises and that he/she is entitled to
enter into this Agreement and that save and except the said
Member/s, no other person/s has any share, right, title, interest,
claim or demand of any nature whatsoever into or upon the said
Old Premises or any part or portion thereof, including by way of
sub-tenancy, leave and license, inheritance, caretaker, lease, sub-
lease etc. The said Member/s hereby further agrees, confirms and
assures that he/she has not created any third party rights in
respect of the said Old Premises by way of mortgage, charge,
hypothecation, lien, sale, transfer, assignment, lease etc. in favour
of any person/s, parties or any Bank/s, Financial Institution/s
etc. and in case the said Member/s has created any such third
party rights, then in such case the said Member/s shall procure an
NOC in respect thereof from the person/s claiming through
him/her and further agrees, confirms, assures and undertakes to
indemnify the Developers and keep the Developers fully
indemnified, completely safe and harmless against any claims,
losses, demands etc. (including Counsel Fees) which may be
sustained by the Developers and/or expenses that may be incurred
for defending any such action brought about by such person/s,
parties, Bank/s, Financial Institutions etc.

5. The Member/s shall render full co-operation for the re-

development of the said Property in the manner hereinafter stated.
The Member/s do hereby confirm to have given full consent to the
Developers to re-develop the said Property as per the tentative
plans as approved by the Member/s and that may be sanctioned
by the said MCGM Authorities. The said Developers shall construct
the said Proposed Building by utilizing the entire FSI and the TDR
FSI to the maximum permissible extent (present/future) that may
be/become available in respect of the said Plot under the
Development Control Regulations,1991, amended up-to-date. The
Developers shall carry out the entire development of the said
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Property at their own costs or expenses. The said Member/s and

the said Society shall for the purpose of re-development whenever
required by the Developers, agree to execute letters of no objection
or consent or other Agreements or Writings as may be required by
the MCGM or other concerned Authorities for re-development of
the said Property.

6. With the express knowledge of the Society, the Developers have

agreed to allot to the said Member/s and the said Member/s has
agreed to accept the Flat No. 401 on the 4th (Fourth) Floor,
admeasuring 525 Sq.ft. usable Carpet area (internal wall to wall)
free of cost, in lieu of the said Flat as and by way of Permanent
Alternate Accommodation. The typical floor plan thereof is
annexed hereto and marked as ANNEXURE “4”. The said
Member/s shall further be entitled to the other monetary benefits
as mentioned in the said Development Agreement and as provided
in the letter dated _________ being annexure “3” hereto.

7. It is agreed that the said Permanent Alternate Accommodation and

the said Proposed Building shall have the amenities as provided in
the said Development Agreement.

8. Simultaneously upon execution hereof, it shall be deemed that the

Member/s and Society shall have quit, vacated and handed over
the physical possession of the said Flat to the Developers for
carrying out the demolition of the said Building to carry out the
development of the said Property of the Society. The Developers
shall carry out the development of the said Building within the
time frame and upon the terms and conditions as contained in the
said Development Agreement.
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9. The Developers hereby agree to;

a. Obtain approved plans for the FSI and TDR FSI from the
MCGM and other Competent Authorities for the re-
development of the said Property. The Developers alone shall
bear and incur and pay all costs, charges, expenses,
premiums and any other payment required to be made in
this regard;
b. Obtain necessary permissions, sanctions and approvals and
the Commencement Certificate for the re-development of the
said property;
c. Pay all the amounts payable including in the nature of
refundable and non-refundable deposits to the MCGM. for
obtaining requisite approvals and sanction for building
plans;
d. To demolish or pull down the old building as necessary at
their own costs, risks, efforts and to obtain requisite
permissions for the same and approvals and sanction of the
plans and specifications;
e. Proceed and/or commence to re-develop the said Property at
its own costs and risks and on their own account. To use the
FSI and TDR FSI to the utmost permissible extent
(present/future) for constructing the said Proposed Building
and/or structure of the dimensions and of the nature as may
be decided by the Developers from time to time with
alterations and/or additions in the said building plan/s from
time to time, as may be required the Developers, MCGM or
any other Authority/ies 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
development of the said Property and/or any part thereof;
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10. The Member/s hereby agrees with the Developers as under:

a. The Member undertakes to hand over the possession of
his/her said Flat simultaneously upon execution hereof;
b. To be at complete liberty to utilize all monies received from
the Developers towards procurement of the temporary
accommodation to be procured by them or as the Member
desires, and further be liable and responsible to pay the
applicable taxes payable in respect thereof;
c. To co-operate with the Developers at all times during the
validity of the said Development Agreement in all respects for
the development of the said Property and to individually not
cause any hitch, hindrance, obstacle or obstruction to the
development of the said Property without any valid and
cogent reason and all the requisitions, objections shall be
through the Society only;
d. Upon receipt of the Occupation Certificate from MCGM and
the re-possession notice from the said Developers as
mentioned in the said Development Agreement, take
possession of the said New Premises and further after the
expiry of the notice period of the said re-possession notice,
the Developers shall not be liable to pay any further Monthly
Displacement Compensation to him/her;

11. Upon receipt of intimation from the Developer, the Society/

Member/s shall take possession of the Permanent Alternate
Accommodation within 30 days from such intimation. If the
Member/s fails to take possession of the said Permanent Alternate
Accommodation, then the said Member/s shall be personally liable
to bear and pay all the displacement compensation/s and other
outgoings of the temporary alternate accommodation and the
Developers shall be simultaneously discharged from the said
liability/obligation thereafter. It is agreed and declared that at the
time of taking possession of the said Permanent Alternate
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Accommodation in the said Proposed Building, the Member/s shall

forthwith return the balance Cheques for the Monthly
Displacement Compensation lying with them and thereafter shall
be liable to bear and pay all the taxes, electricity/water charges,
common area maintenance charges etc. in respect of the said
Permanent Alternate Accommodation.

12. The Developers shall be entitled to sell on ownership basis the

remaining flats/premises/areas in the said Proposed Building to
be constructed by them on the said Plot or any part thereof the
said Property to any prospective Purchasers, and for that purpose
to enter into on its own behalf, risk and responsibility Agreements
or Letter of Allotment, Agreement For Sale, Sale Deed or any such
other writings or documents in its own name as mentioned in the
said Development Agreement and to appropriate all monies,
amounts, compensations etc. received from such Purchasers to
their own use and profits without any reference or recourse to the
said Society/Member/s.

13. Simultaneously upon taking possession of Permanent

Accommodation, the said Member/s shall be bound and liable to
pay and shall pay his/her share of the Maintenance and other
charges in respect of the Permanent Alternate Accommodation and
the said Proposed Building including property taxes, water
charges, electricity charges, service charges and all other outgoings
to the Society.

14. It is agreed that after possession of the said Permanent Alternate

Accommodation is handed over by the Developers to the
Member/s, the Member/s shall not do any such act, deed or thing
which shall and/or is likely to damage, change, amend and/or
alter the elevation/exterior of the said Proposed Building. It is
further agreed that under no circumstances, the garbage, litter etc
will be thrown in the passage, stair case or in the said Proposed
Building compound.
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15. It is agreed, declared and confirmed that the Member/s shall not
without the prior written consent of the said Developers transfer
the benefits of the said Development Agreement and/or this
Individual Permanent Alternate Accommodation Agreement in
respect of the rights acquired by him/her to obtain the said
Permanent Alternate Accommodation under these presents till the
actual physical possession of the same is handed over to him/her
by the Developers within the stipulated/ agreed period mentioned
in the said Development Agreement and the parties hereto agree,
confirm and assure each other to abide by all the terms and
conditions of this Agreement.

16. The said Member shall use the said Permanent Alternate
Accommodation exclusively as a residential Flat and shall not
permit the same to be used for any purpose whatsoever other than
the purpose for which it is allowed by the said MCGM nor for any
other purpose/s which may or is likely to cause
hindrance/annoyance to the said Society, Developers and the
other Occupants of the other premises in the said Proposed
Building or to the Occupants of the neighboring properties.

17. All notices/correspondence to be served on the parties hereto as

contemplated under the terms of this Agreement shall be deemed
to have been duly served if sent to the address of the respective
party recorded hereunder only by Speed Post A/d, Registered Post
A/d or Under Certificate of Posting of the Indian Postal Authorities:
ADDRESS OF THE DEVELOPERS
VISION INFRASTRUCTURE,
Office at Floville, Ground Floor, St. Joseph Avenue,
Near Khar Sub-way, Santacruz (West), Mumbai-400 054
ADDRESS OF THE MEMBER
MR. CHANDRAVADAN K. SHAH
_______________________________________
_______________________________________
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18. The Member/s shall before taking possession of the said

Permanent Alternate Accommodation be at complete liberty to
check and verify all the amenities and areas in respect thereof and
after being handed over the possession of the same, the Member/s
shall have no right to raise any, requisition, objection, claim etc.
against the Developers in respect of any item or work pending in
the said Permanent Alternate Accommodation or in the said
Proposed Building which may be alleged not to have been carried
out and/or completed and/or being not in accordance with the
plans, specifications and/or this agreement and/or otherwise
howsoever in relation thereto.

19. The parties hereto agree, confirm, undertake and assure that the
said Development Agreement (as stands modified as per Letter
dated ________ being annexure “3” hereto ) and the said Power of
Attorney is fully valid and subsisting and binding upon the parties
thereto and also upon the parties hereto and further none of the
parties hereto shall allow the same to be terminated.

20. The Stamp Duty and Registration Charges payable on this

Individual Permanent Alternate Accommodation Agreement shall
be borne and paid by the said Member/sDeveloper.

21. The Society/Member hereby irrevocably agrees, confirms and

declares that the said Property (including the said Flat) is
absolutely free from any encumbrances, charge, lien or otherwise,
the Society/Member/s also declare that till the date of execution of
these presents they have not received any notice from any
Government/Semi-Government Authority or Competent
Authorities or under any law for the time being in force, nor any
suit/proceedings is pending in any Court against the said
Property.
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SCHEDULE OF PROPERTY:
All those piece and parcel of land bearing Plot No. 2, C.T.S. No.
1130, Survey No. 107, Hissa No. 4 (part), Village Eksar, Borivali West,
Mumbai 400 103, as per the Property Registered Card admeasuring
461.2 square meters (including the set back area of 33.7 square meters)
and the net area 427.5 square meters. However, in the Deed of
Conveyance dated 4th April 2008, through oversight and by mistake the
area has been mentioned as 427.5 square meters (including the set back
area) along with building of ground plus four floors which building is
known as “Lourdes Building” and bounded as follows:

On or Towards East : By _________________

On or Towards West : By ___________________
On or Towards North : By ___________________
On or Towards South : By ____________

SECOND SCHEDULE OF PROPERTY:

ALL THAT piece and parcel of the residential Flat bearing No.401
on 4th (Fourth) Floor admeasuring 525 sq. ft. constructed carpet area
in the Proposed Building to be known as “LOURDES” to be constructed
on the said Plot mentioned in the First Schedule of Property mentioned
hereinabove.
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IN WITNESS WHEREOF the parties hereunto have set and

subscribed their respective hands on the date and year first hereinabove
written.

SIGNED SEALED AND DELIVERED )

BY THE WITHINNAMED DEVELOPERS )

VISION INFRASTRUCTURE )

Through its PARTNER )

HIRALAL MAVJI PATEL )

In the presence of )

1. )

2. )

SIGNED SEALED AND DELIVERED )

By THE WITHIN NAMED SOCIETY )

LOURDES CO-OPERATIVE )

HOUSING SOCIETY LTD. )

Through its Authorised Representatives )

GEORGE ALEX, Hon. Chairman )

CHANDRAVADAN K. SHAH, Hon. Secretary)

DATTATRAYA C. PATIL, Hon. Treasurer )

In the presence of )

1. )

2. )
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SIGNED SEALED AND DELIVERED )

BY THE WITHIN NAMED MEMBER )

Mr. CHANDRAVADAN K. SHAH )

In presence of )

1. )

2. )