Exhibit- I –A

(Translated copy of Marathi Govt. Resolution)

Regarding specifying the procedure in

deciding the eligibility of tenants/
occupants of cessed buildings and their
permissible area……

GOVT. OF MAHARASHTRA
Housing Department
Govt. Resolution NO. LOKA/ 207/case No.120(A)/R&R-1
Mantralaya, Mumbai -32.
Dated: 16th august, 2010.

Read: 1) Govt. circular No. Housing Dept./ petition2002

/case No. 342/R&R-1 Dated: 10th June 2002.
2) Housing Department, G.R. No. MRB-2002/Case
No. 525/DVP-1 dated 1st June 2005.
3) Hon. Lokhayukhta/ Govt. of Maharashtra’s D.O.
letter NO. LoA/ Kam/2382/20006/Te-7 Dated:
8/01/2008.
4. Chief Officer, Mumbai Building Repair &
Reconstruction Board’s letter No.
O.W.C.O./REE/R&R/file NO.860/ 1176/08 Dated:
19.06.2008
5. Vice Presedent Cum Chief Executive Officer,
Maharashtra Housing & Area Development
Authority’s letter O.W. No. REE/R&R/file NO.860/
1176/08 Dated: 02.12.2009
.

Govt. Resolution:-
Introduction:
1. Under relevant provisions of Development Control Regulation,
1991 of Greater Mumbai, the Mumbai Building Repair & Reconstruction
Board has been issuing No objection certificates for the redevelopment of
cessed buildings in the Island City. While issuing such No objection
certificates, provisions has been made in the Annexure to Development
Control Regulation 33(7) for certifying the eligibility of rehabilitation and
the permissible area of occupants of cessed buildings. For the
certification of such list, there are guidelines issued from time to time.
2. Hon. Lokh Ayukht, Maharashtra State has given directions in
the matter of complaint on the redevelopment of 220, Jay Kisan Niwas,
Malbhar Hill, for the verification of all facts of the occupation of tenants
living in buildings prior to redevelopment, guidelines of self explanatory
instruction and check list may be prepared. accordingly, for the
verification of tenant/occupant eligibility while redevelopment /
reconstruction of cessed building, A proposal was under consideration to
compile guidelines issued by Govt., Maharashtra Housing & Area
Development Authority as well as Mumbai Building Repair &
Reconstruction Board from time to time.
3. After due detailed study of the guidelines issued in past, as well
as the difficulties arisen in it’s implementation from time to time, the
Govt. has decided to specify the new working procedure.
4. As such, Govt., by this order, issues a revised order
superseding the all such order issued in the past for the finalisation of
tenant list by fixing the eligibility of rehabilitation and the permissible
area of occupants of cessed buildings.
a) The Board’s Executive Engineer under whose jurisdiction, the
cessed building falls, such Executive Engineer shall compile all
necessary information required for the finalisation of tenant list by fixing
the eligibility of rehabilitation and the permissible area of occupants of
cessed buildings and out of which, mainly,
i) Inspection extracts for the year 1995 -1996 maintained by
Municipal Corporation.

ii) In case if the building is repaired, Plan and

tenant/occupant list or any other documents in connection
of the building.

iii) Block plan of the cessed building as available.

iv) In case of BEST connection given, the date of installation

and meter number.

v) Any document in support of occupation prior to 13.6.1996

as available from the documents mentioned in Annexure A.

vi) Category Certificate of cess building.

vii) Construction of unauthorized/ legal construction.

viii) Actual occupation of occupant.

ix) The actual use of tenement by the occupant and permission

for such use.

x) Extract of PR Card.

xi) DP Remark by MCGM.

xii) Extract of survey sheet.

xiii) Building plan as per the actual measurement.

Working 5. Out of above, what so ever the proof has been

procedure submitted, the same may scutinised and after
for fixing verification of actual occupation of tenant/occupant, the
eligibility concern Executive Engineer shall prepare the list of
eligible tenant based on the working procedure attached
in the Annexure “B”.

Working The Executive Engineer of concern division

procedure shall submit proposal in complete manner with his
for signature to the Deputy Chief Engineer after site
confirming inspection and 100% verification of proof and after fixing
eligibility the eligibility of tenant/occupant’s eligibility list.

The Deputy Chief Engineer shall make strict

scrutiny of the evidences as per the provisions laid down
in Indian Evidence Act 1982 and as per the provisions of
Annexure “A” & “B” and also he shall personally visit the
building and verify minimum 20% tenants/ occupants,
shall certify all the tenants/ occupants eligibility/
ineligibility list after giving a self explanatory order.

Disclosure The list of eligible/ ineligible tenants/ occupants shall be

of eligible sent all the eligible/ ineligible tenants/ occupants as
list well as to developer and the acknowledgement of the
receipt of the certified list shall be kept in the file
permanently. on receipt of the certified list, the concern
developer/tenants/ occupants shall submit their
complaint/objection, if any, to the Chief Officer with in a
period of 30 days and take a acknowledgement of the
same.

The Board shall approve the redevelopment proposal as

per the list certified by the Chief Officer.

First 7. on not being satisfied on the N.O.C. issued by the

Appeal Chief Officer, appellant who is the person shown in the
approved list/ occupant or developer shall lodge the first
appeal before Vice President cum Chief executive
Officer/ MHADA with in 45 days from the date of receipt
of the order.

Second 8. On not being satisfied on the order issued by the Vice

Appeal President cum Chief executive Officer/ MHADA on the
first appeal, tenants/ occupant or developer shall lodge
the second appeal to Govt. with in 45 days from the date
of receipt of the order. The decision of Govt. shall be final
and binding.

9. The Govt. / Authority has issued directions for fixing eligibility of

tenants/ occupants in the cessed buildings from time to time.
directions has been issued to some extent to fix the eligibly of
tenants/ occupants by a Govt. resolution dated 1.6.20005 under
reference at S.No.2. As such by considering the prevailing order at
the time, direction and other items, decision has been made in
fixing the eligibility of the tenant`1
/occupant has been taken,
such eligibility of tenant/occupant shall not be verified again.

10. This Govt. resolution will be applicable from the date of

issue.

11. This Govt. resolution has been made available at the Govt.’s
internet site www.maharashtra.gov.in and it’s internet site no. is
20100816180710001.

in the name and order of Governor of Maharashtra.

Ecnl: Annexure A & B

Sd/-
( P.L. Pathak)
Deputy Secretary to Govt.
Copy for information to,
1. The Secretary (correspondences), to Hon. Governor, Govt. of
Maharashtra
2. The Principle Secretary, to Hon. Chief Minister, Mantralaya,
Mumbai-32.
3. The Secretary, to Hon. Dy. Chief Minister, Mantralaya, Mumbai-
32.
4. Hon. Dy. Lokh Ayukht, Maharashtra, New Administrative
Building, Mantralaya, Mumbai-32.
5. Hon. Chief Secretary, Govt. of Maharashtra, Mantralaya, Mumbai-
32.
6. The Private Secretary to Hon. Mister of State ( Housing), ,
Mantralaya, Mumbai-32.
7. The Principle Secretary ( Urban Development) Mantralaya,
Mumbai-32.
8. The Vice President cum Chief Executive Officer, MHADA, Griha
Nirman Bhavan, Bandra(E), Mumbai-51.
9. The Commissioner, Municipal Corporation of Greater Mumbai,
Mumbai-1.

10. Chief Officer, Mumbai Repair & Reconstruction Board,

Griha Nirman Bhavan, Bandra(E), Mumbai-51.
11. The Chief Vigilance & Security Officer, MHADA, Griha
Nirman Bhavan, Bandra(E), Mumbai-51.
12. The Collector, Mumbai City District, Old CUtom House,
Mumbai.
13. The Master File, R&R-1 desk, Housing Dept., , Mantralaya,
Mumbai-32.
Annexure-A
The list of documentary evidence that shall be considered as a proof
to the occupation prior to 13th June 1996.

1. Ration Card 13. Telephone Bill

3. Elector Roll 14. Sale Tax/ Income Tax papers
5. Pass Port 15. Gumasta License
6. Employees I card given by 16. nos. of Tenants as per 1996
State/ Central Govt., Public Elector Roll and nos. of family in
Undertaking, Local Self Govt. the cessed building.
7. Bank Pass Book 17. Nos. of tenants/ occupants as
per site inspection and the area in
tier possession.
8. School Leaving Certificate from 18. Built Up Area of Talling/ Non-
the recognized Education tallying portion of cessed
Institution. building.
9. Property 19. Any other documents issued
return/S.C/S.T/O.B.C. Caste by Govt./ Semi Govt.
Certificate issued by the
Competent Authority.
10. Freedom Fighter I card 20. Vacation Notice
11. Arm License 21. Rent Receipts
12. Electric Bill 22. Agreement between
tenant/occupant/Owner
out of above evidences, it is expected that the evidences shown at
S.No.12 to 15 may be considered for deciding the non-residential use.
Annexure B
Some sample examples for fixing the eligibility of tenant/occupant’s
rehabilitation-
(1) Inspection Extract, documents prior to the date 13 th June
1996 and in occupation:
Included in the Inspection Extract and also sufficient documents in
support of occupation prior to 13th June, 1996 is there and actual
occupation on site. such tenant/occupant shall be considered as
eligible.

(2) Inspection Extract and actual occupation, but sufficient

documents prior 1996 is not there:

In any tenement is included in the Inspection Extract and also

tenant/occupant is staying in said tenement. however the person
residing in the tenement do not have sufficient documents in support
of his/ her stay prior to 1996, in such tenant/occupant produce the
documents of the person residing prior to 1996 and also the such
transfer is proved to be legal, such tenant/occupant shall be
considered a eligible.

(3) Included in the Inspection Extract, No actual occupation and

also no any documents to prove actual occupation prior to 1996:
For only because it is included in the Inspection Extract, for that
reason, the tenement shall be eligible for rehabilitation.

(4) Documents prior to 1996 are available, in actual occupation,

but not included in Inspection Extract :
If any tenant/occupant has documents in support of his/her
occupation of tenement prior to 1996, but such tenement is not
included in the Inspection Extract and the tenant/occupant is in
actual occupation, then just only because the tenement is not
included in the Inspection Extract, such tenant/occupant should not
be considered ineligible. However, for considering the
tenant/occupant eligible, it should be ensured that the tenement
was in existence as authorized tenement prior to 1996.

(5) Documents prior to 1996 are available, not in actual

occupation and not included in Inspection Extract :
If any tenant/occupant has documents in support of his/her
occupation of tenement prior to 1996, but such tenement is not
included in the Inspection Extract and such tenant/occupant is not
in actual occupation, such tenant/occupant shall be considered as
ineligible.

(6) Documents prior to 1996 are available, included in Inspection

Extract but not in actual occupation:
If any tenant/occupant has documents in support of his/her
occupation of tenement prior to 1996 and the tenement is included
in the Inspection Extract, but such tenant/occupant is not in actual
occupation, such tenant/occupant shall be considered as ineligible.

(7) Included in the Inspection Extract, but documents prior to

13/6/1996 not there and physically occupying.
If any tenant/occupant is physically occupying and the said
tenement in included in the Inspection Extract. but such
tenant/occupant do not have sufficient document in support of
occupation of the tenement prior to 1996. Prior to making eligible of
such tenant/occupant, s detailed enquiry shall be done and during
the detailed enquiry, if it is found that the tenant’s documents has
been lost/destroyed and if any other proof of Govt. document is
given, such tenant/occupant shall be considered as eligible.
(8) Tenant/occupant under stair case:-
If the room under stair case is reflected in the Inspection
Extract and also there are documents in support of occupation prior
to 1996 is available with tenant/occupant and such tenant/occupant
is physically occupying the such tenement , such tenant/occupant
shall be considered as eligible. In unavoidable circumstances, if the
tenement is not reflected in the Inspection Extract, but the occupation
of tenant/occupant prior to 1996 is proved beyond doubt, such
tenant/occupant shall be considered as eligible.

(9) Tenant/occupant in Attic Floor:

If the tenant/occupant residing in the attic floor which was created

prior to 1996 and included in the Inspection Extract, such
tenant/occupant in attic floor shall be considered as eligible. Also if
any tenant/occupant besides regularized tenement created attic floor
prior to 1996 and regularized by MCGM , then area of such attic floor
shall be included in the said tenement.

(10) Tenant/occupant in un-authorized work in cessed

building:
If any tenant/occupant is in occupation of work carried out in
the building un-authorizedly and even his/ her occupation is prior to
1996, such tenant/occupant shall not be considered as eligible.
(11) Tenant/occupant in non-tallying but authorized portion
in cessed building:
In any cessed building the tenant/occupant is in occupation in
non-tallying but authorized portion and such tenant/occupant has
the documents issued by Govt. in support of occupation prior to 1996
and such non-tallying portion is reflected in the Inspection Extract,
then such tenant/occupant shall be considered as eligible.
(12) Residential cum Non-residential occupation:
If any tenant/occupant is using his/her tenement for residential
cum non-residential purpose and sufficient documents in support of
such use prior to 1996, such tenant/occupant can be considered
eligible for minimum area for residential tenement and only equal
area under the use for non-residential. However such non-residential
use shall not be more than 50.00 sq.ft. if in tenant/occupant of
cessed building, the total area under the use of residential cum non-
residential is more than the minimum area for residential tenement,
then for such tenant/occupant may be permitted to exercise the
option be given to declare to decide the use of his/her tenement as
residential or non-residential. However while accepting such option,
in case if it is proposed for non-residential use, then the documents
should be verified and decision be made.
(13) Tenant/occupant in occupation of more than one
adjoining tenement :
If more than one adjoining tenement is in occupation of one single
tenant/occupant and such tenement are included in the Inspection
Extract and such tenant/occupant considered as eligible, then area
of such tenements be clubbed and shown against such
tenant/occupant. However is such tenant/occupant have more than
tenement and they are not adjoining, then they should be considered
as independent and the tenant/occupant shall be considered eligible
for more than one tenement.
(14) Tenements shown as combined in the Inspection Extract,
but in physically in occupation as separate :
Some time in the Inspection Extract more than one tenements are
shown combined ( e.g.-1-3-5-4), however it is seen that separate
families are in occupation in such tenements. In such cases, even is
such tenements are shown combined, if the families having physical
possession have documents to prove that they in occupation prior to
1996, then such tenement shall be considered as independent and
the tenant/occupant residing in such tenement shall be considered
eligible.
(15) In case in the Inspection Extract if the entire floor is
given on rental:
In the Inspection Extract it is mentioned as the entire floor is given
on rental, However physically more that one family is in occupation
of the said floor and the family who are physically residing are having
sufficient proof to shown their occupation prior to 1996, then such
family should be considered as eligible. However if they no proof to
show that more than one family was in occupation prior to 1996, but
during the inspection it is seen more than one family is in occupation,
such family should not be considered eligible.
(16) sub-tenant created by the tenant:
If any eligible tenant/occupant has sub-let some portion of
tenement in his/her possession and there are strong proof is available
with such sub-tenant was in occupation prior to 1996 and such sub-
tenant was in occupation at the time of verification, such
tenant/occupant shall be considered eligible. However while deciding
eligibility of such tenant/occupant, the area in existence with the
consent of original tenant and the sub-tenant shall be divided.
However, under any circumstances, the use of non-residential
tenement shall not be considered.
(17) The use shown in the Inspection Extract and actual use:
In case if the use shown in the Inspection Extract differ from the
actual use and such use is proved being authorized, use that is
established by the documents shall be considered as correct use.
However it should be ensured, the intention of the occupant to more
area by showing the change in use should not be succeeded.
(18) The area is shown with the owner in the Inspection
Extract:
Some time, there as cases where in the Inspection Extract, the
entire floor is shown with the owner. However sometimes factually
on site in some other tenant/occupant resides. In such cases, if the
tenant/occupant in occupation, have strong proof in support of their
occupation prior to 1996 and the said tenant/occupant is physical
occupation during the verification, then they should be considered
eligible. Moreover, if it is proved that the area shown with the owner
was divided prior to 1996, such family shall be considered as
considered as independent family.

(19) Areas shown as godowns in the observation transcript:

It is observed that the tenant / resident has been living in the
corridor shown as godown in the observation transcript for some time.
If the resident tenant / resident has sufficient documents proving
residency before 1996, such tenant should be considered eligible as a
resident tenant. The tenant / resident who is using the godown for
non-residential purposes should be deemed eligible for non-
residential purpose if he / she has sufficient documents regarding
possession of the godown by the tenant / resident as well as non-
resident use.

(20) Areas registered as garage in the observation transcript:

It is observed that the family has been living in the area recorded
as garage in the observation transcript for some time. If it is proved
that the family living in the garage resides before 1996, then the
tenant / resident living in the garage should be considered eligible.
 (21) Leases returned to the landlord by the tenant / resident:
court orders, provisions of acquisition rules etc. For some reason
the owner gets the slate back in time. These flats are given by the
landlord to new tenants / residents. If the landlord has to inspect the
slums returned for any reason and if there is sufficient evidence that the
tenants / residents lived in the slums before 1996, then the new tenants
and the actual tenants / occupants in such slums should be considered
eligible.

(22) Slots allotted to Government, Semi-Government Offices –

It appears that some of the slats in the cess-paid building have
been allotted to Government, Semi-Government Offices. While seeking
permission for redevelopment of cess-paid buildings, such premises
should be considered eligible for rehabilitation only if they are in the
possession of Government, semi-government office and if after
redevelopment the premises are proposed to be given to Government,
semi-government office on ownership basis.

(23) Concerning the tenants / occupants of the buildings being

reconstructed by the Board:
Plots under the buildings become vacant due to demolition of
buildings on Mumbai City Island or due to natural causes. Slum
dwellers live by encroaching on such vacant land a few times and
constructing huts. Therefore, if such encroachers are protected as per
the government's slum policy (before 1.1.95), such slum dwellers should
be rehabilitated along with other tenants at the same place. However,
extra floor area index should not be provided for this. Apart from this,
the names of the laundresses and small stall holders who are doing
business by doing unauthorized constructions outside the building as
well as the cleaning workers and others living there. If they are in the
Electoral Rolls of 1.1.1995 and submit proof accordingly, then the people
living or doing business there should be rehabilitated like other tenants.

(24) Division of real estate as per court order:

If the tenant / resident's residence has been divided as per court
order and the tenant / resident has proof of their pre-1996 residence,
then such tenant / resident shall be deemed eligible as independent
tenant / resident.
Finished