Development Draft
Development Draft
BETWEEN
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BARUAH, residing at VILLAGE- GARAL, P.O. AND P.S.- AZARA, GUWAHATI- 781017,
IN THE DISTRICT OF KAMRUP METRO ASSAM, , , , hereinafter referred to as the
FIRST PARTY/OWNER (which term shall, unless repugnant to the context, mean and
include his/her heirs, executors, administrators, successors, and assigns) of the ONE
PART
AND
WHEREAS:
A. The above named LANDOWNERS are the absolute owner having right, title
and physical possession over a plot of land land admeasuring 2 Bigha, 4 Katha 15
Lechas covered by Dag No.801 of K.P. Patta No.338 at Revenue Village - Garal,
under Mouza – Ramcharani, under Azara Revenue Circle, in the District of Kamrup
(Metro) Assam which is more fully and specifically described in the SCHEDULE – A
below.
C. After such decision was taken amongst the LANDOWNERS, it was found that
they were lacking in resources and know how to go ahead with the construction
project. As such, they decided to get into an understanding with a reputed
DEVELOPER, who can develop the site, construct the building and in return get good
and suitable consideration and/or constructed UNITS/FLATS in the proposed multi-
storied project as their shares. Accordingly, they started searching for some reputed
and experienced DEVELOPER, who possessed resources, reputation and experience
to undertake such big project and is ready to plough its money/resources, as well as
expertise and construct Multi-storied building project over the schedule land
containing individual self-styled UNITS/FLATS.
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D. During such search, the above-named LANDOWNERS got introduced to M/s
R.J. ANANDAM Pvt. Ltd. represented by its Directors, SHRI JASVINDER SINGH, and
M D. R AISUZZAMA , and on meeting them, they could learn/understand that the
DEVELOPER is desirous to undertake a project and as such, both the parties with the
intervention and assistance of well-wishers proposed/offered and showed their
inclination to offer/accept, to give/take SCHEDULED LAND for the purpose of
developing, constructing Multi-storied residential/commercial building project.
E. During such discussions, M/s R.J. ANANDAM Pvt. Ltd. represented by its
Directors, SHRI JASVINDER SINGH , and MD. RAISUZZAMA i.e., the above-named
DEVELOPER agreed to undertake and develop, construct Multi-storied
RESIDENTIAL/commercial building project consisting of several self-styled
UNITS/FLATS at their own cost and resources and offered to share the proposed
receivable consideration in the form of money. After mutual discussion of both the
parties, the DEVELOPER has agreed to pay an amount of Rs.2,43,00,000/- (Rupees
Two Crore Forty three Lakhs) only as total consideration amount to the land owners.
At the time of signing of this Deed of Development Agreement the Developer has
paid an amount of Rs. 63,60,000/- (Rupees Sixty Three Lakh Sixty Thousand) only
and they shall pay remaining balance amount within one year from the date of
execution of the instant Agreement. The DEVELOPER has paid the said amount of
Rs. 63,60,000/- (Rupees Sixty Three Lakh Sixty Thousand) only to the below mention
landowner-
F. The LANDOWNERS again sat together and discussed and finding offer of the
DEVELOPER to be reasonable and acceptable, looking at the expected quality of
construction proposed to be carried out by the DEVELOPER, agreed to accept the
proposals on certain terms and conditions.
G. The above named DEVELOPER being fully satisfied in all the respects, that the
land is suitable for development and construction, have agreed to take the Schedule
land for the purpose of developing, constructing Multi-storied RESIDENTIAL
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building project consisting of several self-styled UNITS/FLATS therein and for
selling/transferring such UNITS/FLATS, so constructed in the building thereof, to the
prospective Purchaser(s).
1.1 By this agreement it has been agreed by and between the parties hereto that
the LANDOWNERS will grant the exclusive right of development in respect of the
scheduled land unto and in favour of the DEVELOPER with the intent and object that
the DEVELOPER will undertake construction, erection and completion of a new
R.C.C. Multi-storied RESIDENTIAL building and/or buildings on the scheduled land
at it/his/their own cost and resources subject to the terms and conditions hereinafter
appearing.
ARTICLE - II REPRESENTATIONS
(i) THAT the LANDOWNERS are the absolute owner of the said land.
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(ii) THAT the LANDOWNERS are having marketable title in respect of the said
land.
(iii) THAT the said land is free from all encumbrances, charges, liens, attachments,
trusts whatsoever or howsoever.
(iv) THAT all amounts payable to the authorities concerned for acquiring the said
land, if any, has been paid and nothing is outstanding.
(v) THAT this agreement has been approved by the LANDOWNERS and they are fully
competent to enter into this agreement for development of the said land.
(vi) THAT the said property is not affected by the provisions of the Urban Land
(Ceiling & Regulation) Act, 1976 nor is the said property affected by any other law
whether local, state or central.
(viii) THAT all municipal rates taxes and other outgoings payable in respect of the
said land, shall be paid, borne and discharged by the LANDOWNER till execution and
registration of this agreement.
(ix) THAT in case any claim/claims is made by any third party on the Scheduled land,
then the same will be settled by LANDOWNERS. Any legal expenses arising out of
any litigation, with regard to title of the scheduled land for whatsoever reasons, has
to be borne by the LANDOWNERS.
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indemnified against all actions, suits, costs, proceeding and claims that may arise out
of the DEVELOPER’s actions, with regard to the Development of the project under
this agreement and/or in the manner of construction of the said project and/or any
defect thereon.
(iii) THAT all municipal rates taxes and other outgoings payable in respect of the
scheduled land during continuance of the agreement and development of the said
property shall be paid, borne and discharged by the DEVELOPER, till competition of
the project under this agreement.
2.3 Relying on the aforesaid representations made by both the parties and
believing the same to be true and acting on the faith thereof the LANDOWNERS and
the DEVELOPER have agreed to enter into this agreement.
(i) to enter the said plot of land for the purpose of construction as the licensee of
landlords/Landowners;
(ii) to appoint Architects, Engineers or any other agency or Promoter/Builder for the
purpose of undertaking development of the said land;
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(iii) to cause a map or plan to be prepared by the Architects, Engineers so appointed
and to have the said plan sanctioned by the authorities concerned in the name of the
DEVELOPER;
(iv) to obtain all permissions, approvals and/or sanctions in the name of the
DEVELOPER as may be necessary and/or required for undertaking development of
the said land;
(v) to incur all costs, charges and expenses for sanction of the said Plan and also for
undertaking construction erection and completion of the Multi-storied
COMMERCIAL Building over the Scheduled land;
(vi) to develop the Scheduled land and construct RCC Multi-storied building
comprising of several self-styled UNITS/FLATS at their own cost and resources
confirming to quality category of construction as per I.S.I. specification to ensure
strong foundation of the aforesaid Blocks of buildings and considering Assam being
highly seismic zone, necessary structural precaution shall be taken by the
DEVELOPER;
(vii) to enter into agreement for sale, transfer, convey, assign or otherwise alienate
or dispose of UNITS /FLATS along with proportionate and undivided share in the
said land attached to such UNITS/FLATS on ownership basis or on lease or on rent
or in any other manner, as it deems fit and proper and to receive and appropriate
earnest money, advance/ advances, consideration/ considerations and any other
money/ moneys for the same without being accountable for the same to the
LANDOWNERS;
(viii) to be in charge and control of the Scheduled land from the date when the
present agreement will be entered into till completion of the said Multi-storied
Building comprising of several fully constructed self-styled UNITS/FLATS, and
obtaining of completion certificate, occupancy certificate etc., the LANDOWNERS
assures to convey all possible co-operation and help to DEVELOPER towards smooth
and free work in respect to the proposed multistoried buildings.
(ix) to enter into further agreement with similar or other terms with the owners of
adjoining lands, so that they may be able to form a compact plot of land having
larger area to facilitate construction of Multi-storied Residential building or blocks of
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buildings and for the said purpose, the above recital of this deed shall always be
regarded, as no objection of the LANDOWNERS to such separate arrangements,
which the DEVELOPER may enter into with owner of adjoining plots of lands and if
any objection is raised by the LANDOWNERS or any person claiming under or
through him, the same shall be void and nullified on the strength of this recital.
4.1 Immediately after the execution and signing of this Agreement for
Development of Land, but not later than 60 (Sixty) days, the DEVELOPER will apply
to the authorities concerned ie., GMADA/GMC/RERA/SEIAA BOARD and any other
authority/ies for obtaining sanction of the building Plan in its own name and for the
aforesaid purpose and all other necessary purposes, the LANDOWNERS shall
execute an Irrevocable General Power of Attorney in favour of the DEVELOPER or its
nominee and/or nominees and such power of attorney shall not be revoked or
cancelled without written information to the DEVELOPER, showing causes and
grounds.
ARTICLE V – CONSTRUCTION
5.1 The DEVELOPER assures the LANDOWNERS that it will do the following:
(i) take possession of the Scheduled land immediately upon signing of this
agreement, by signing a letter of taking possession and start the construction of the
boundary wall, labour shed, water etc before getting the Building Permission/N.O.C
and piling and construction, as per drawing, will start just after getting N.O.C, which
in any case shall be obtained within 6 (six) months from the date of signing of this
agreement;
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(iii) get the Concept Master Layout plan etc. prepared depending on the
marketability of the project, like size, nature and facilities proposed to be provided in
the project and the same shall be duly approved from the Architect on record and
involve the LANDOWNERS in such Concept Master Layout plan making/planning
meetings. But, once the above Concept Master Layout plan is finalized the
LANDOWNERS or the DEVELOPER, will not interfere with fine-tuning/freezing of the
MASTER PLAN, LAYOUT etc. of the project by the architect on record;
It is however made clear that if during carrying out of the project, it becomes
mandatorily necessary or for the betterment of the project and/or as per market
requirement, to modify/alter the aforesaid master plan, layout etc., the same can be
modified/altered and changes can be effected even after finalization and freezing of
the Master Plan, and the DEVELOPER, shall always have the authority and right to
do so, to which LANDOWNERS hereby primarily assures not to object, in as much as
the same does not affect and/or change the nature and spirit of this agreement vis-a-
vis his allocation as assigned.
(iv) shall develop the project over the schedule lands and shall install, erect pump,
tube-well, water storage tanks, over-head reservoirs, facility for electrifications by
installing transformers and related drawing of power cables from the main line of
APDCL to such transformer etc. and other facilities as may be required in the said
project at it/his/their own cost as per the specification and drawings provided by the
Architect on record;
(v) shall be solely and exclusively responsible for the construction of the said project,
and ensure to act and do deeds in accordance with law and as per approved plans,
and if any deviations are found and penalty is charged on such deviations, the same
shall be paid by the DEVELOPER alone and the LANDOWNERS will have no
responsibility for the same.
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For the sake of brevity, “Force Majeure” shall mean and include Pandemic,
Endemic, Flood, Earthquake, Riots, storms, strikes, civil commotion, epidemic and/or
any situation beyond the control of the DEVELOPER ie., any restriction, ban etc.
imposed by Govt., Court of Law and any competent authority and any legal
proceeding with regard to and/or connecting subject matter of this agreement. If the
construction works is delayed because of force majeure and/or any fault of the land
owner in that case the period of completion shall have to be extended
proportionately.
7.1 It has been agreed by and between the parties hereto that the proposed Multi-
Stories RESIDENTAIL building shall be known as or any other name decided by the
DEVELOPER.
8.2 DEVELOPER’S SHARE – shall mean and include entire built up area which
shall remain in the form of fully constructed UNITS/FLATS as area consideration to
the DEVELOPER’ TOGETHER with proportionate and undivided share in the land
TOGETHER with proportionate car parking available in the project (which shall be
attached to such UNITS/FLATS) TOGETHER with proportionate rights and interest
in common areas and amenities.
8.3 It is made clear that right, interest over the ultimate roof/terrace of the Multi-
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storied RCC Building shall remain with the Developer.
8.4 That the DEVELOPER shall be entitled to deal with entire construction area or
dispose of the same in any manner it deems fit and proper.
ARTICLE - IX - MISCELLANEOUS
9.1 If at any time the consent of the LANDOWNERS are required for selling
and/or transferring constructed area or any part thereof the LANDOWNERS shall
willingly sign, execute all deeds, documents and instruments, including the Deed of
Conveyance. But in no case, cost, stamp duty registration fee etc. towards execution
of such document can be saddled on the LANDOWNERS.
9.2 The DEVELOPER shall be entitled to enter into agreements for sale and
transfer by way of sale deed to intending purchaser(s) in respect of various
UNITS/FLATS together with car parking/other spaces and any amount realized in
respect thereof from such intending purchasers shall belong to the DEVELOPER
alone.
ARTICLE - X -BORROWING:-
10.1 For the purpose of undertaking development of the Scheduled land the
DEVELOPER shall be entitled to obtain project loans and/or financial assistance by
mortgaging and/or creating charge over and in respect of the scheduled land from
any Bank and/or Financial Institution and the LANDOWNERS hereby agrees and
undertakes to sign and execute all deeds documents and instruments.
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the LANDOWNERS shall have no objection to the same.
10.3 It is further made clear that the both the parties i.e., LANDOWNERS and the
DEVELOPER shall not have any objections, if the proposed purchasers of such
UNITS/ FLATS etc. mortgages the so purchased UNITS/FLATS, together with
proportionate share in the land attached thereto together with other amenities and
facilities, for the purpose of getting financial accommodation/assistance from
financial institutions, nationalized bank/s etc.
But, it is made clear that such proposed purchasers of such UNITS/ FLATS etc.
shall have to defray such loan and/or financial facilities with interest accrued thereon
to such bank/institute and in no case, the LANDOWNERS or the DEVELOPER shall
be held responsible or liable for such re-payment of loan availed by him/her.
ARTICLE - XI - AUTHORITY:-
11.1 For undertaking the said Project, the LANDOWNERS shall execute an
Irrevocable General Power of Attorney in favour of the DEVELOPER or its nominee
and/or nominees.
(i) not to enter into any agreement for development in respect of the said land except
the present agreement;
(ii) not to create any interest of a third party by executing Deed of Agreement for
Sale or any other deed into or upon the said land or any part or portion thereof ;
(iii) not to sell, transfer, alienate or encumber the said land or any part or portion
thereof during the currency of this agreement;
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(iv) to protect from any third party's claim, defend from any suit/case (Civil as
well as Criminal) against the landowner's schedule property/land.
(v) to do all acts deeds and things as may be necessary and/or required for smooth
implementation of these presents.
(i) LANDOWNER: Shall mean the above-mentioned party of the “FIRST PART”
and their respective Legal heirs, representative, executors, administrators and
assigns.
(ii) DEVELOPER: Shall mean the abovementioned party of the “SECOND PART”
and shall mean and include its successor(s) in office, executors, administrators,
assigns.
(iii) PROPERTIES: Shall mean and include the entire SCHEDULE LAND as
detailed below in the Schedule of this agreement
(v) Architect on RECORD & on ADVISORY PANEL : Shall mean such a person or
persons, firm or firms, company or companies who may be appointed or nominated
as the Architect of the Building by the DEVELOPER.
(v) PROJECT: Shall mean and include the proposed Multi-Storied building and other
development works being constructed and carried on the COMPACT FIRST
SCHEDULE LAND in accordance with the plans to be approved and sanctioned by
Guwahati Metropolitan Development Authority/Guwahati Municipal Corporation or
any other Concerned Authority(ies).
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put up for common use of multiple intending purchaser(s).
(vii) LANDOWNER’S ALLOCATION: Shall mean and include the share in the form of
money falling unto the LANDOWNER as detailed and narrated in this deed.
(viii) DEVELOPER’s ALLOCATION: Shall mean and include the share falling unto the
DEVELOPER as detailed and narrated in this deed.
(ix) TRANSFER
(i) With its grammatical variations, shall mean and include transfer of rights, title
and by possession and by arranging other means adopted for effecting what is
understood as a transfer of tenements in the project to purchasers thereof which
shall be maintained by society/Association of person to be formed by the prospective
owners of the Multi-storied Building themselves.
(ii) For the purpose of transfer referred to above, this deed maybe treated as
General power of Attorney in favour of the DEVELOPER by the LANDOWNERS.
(x) TRANSFEREE: Shall mean the persons, HUF, Trust, Pvt. Ltd. Company, NGO,
LLP’s, firm, limited Company, Co-op. Society, Association of persons to whom any
UNITS/ FLATS in the project has been transferred.
(xi) Power of Attorney: shall mean the Power of Attorney which shall be executed
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and registered under the terms of this agreement.
(xii) Floor Area Ratio: shall mean as defined under the Guwahati Metropolitan
Development Authority’s notifications including such
modifications/alterations/amendments notified from time to time.
(xiii) Carpet area: Carpet area means the covered usable area of the UNITS/ FLATS
at any floor level excluding the area of the wall(s) of such UNITS/ FLATS.
(xiv) BUILT-UP AREA: Built-up area means the covered usable area of the UNITS/
FLATS at any floor level including the area of the wall(s) of such UNITS/ FLATS.
(xv) SUPER BUILT-UP-AREA (SUBA): Super Built-up-area shall mean and include
the whatever common facilities and amenities constructed and/or are legally and
compulsorily left out and as per the applicable Act(s), Rule(s), Bye-law(s) etc.,
including lift(s), lobby(ies), staircase(s), parking space(s), passage(s) internal
approach road(s), drain(s), water storage, security room(s), overhead tank(s),
firefighting system(s), common light(s), septic tank(s), transformer(s), front
elevation(s) of the building(s) etc., and/or the open space(s).
(xvi) PARKING SPACE: Shall mean and include the parking space allotted anywhere
in the parking area, earmarked and attached to each UNIT/SPACE and shall be
treated to be part and parcel of such UNIT/SPACE, i.e. cannot be detached and sold
separately.
1. Lifts, lift room, lift shafts and lift installations for the occupants.
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4. Drains.
5. Sewers.
6. Boundary walls
7. Main Gates
External :
Most modern and elegant permanent outer finish with external paint (Snowcem,
Duracem).
Water supply :
Water supply ensured with underground and overhead tanks with deep tube well.
Provision should be provided for Water under Municipal Authority / GMDA or Urban
Water Supply Scheme.
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Amenities :
One main gate with strong ornamental grill with well-guarded compound. One
common servant's toilet on the ground floor. One security cabin in the ground floor.
External :
Most modern and elegant permanent outer finish with external paint (Snowcem,
Duracem).
Flooring :
Drawing cum dining and all other rooms Marbles/ ISI standard vitrified tiles of
approved colours including joint filling with colour pigment, excluding bathrooms,
kitchen.
Doors/Windows :
All internal and external doors in good quality MS framed with Timber boiling water
proof flash doors and windows. Windows in M.S. Grill with clear glass.
Toilets :
Anti-skid Ceramic tiles flooring Glazed tiles in white colours on walls upto door level.
European W.C.s/Indian, Wash basins in white shade of Hindware or equivalent
brand. One mirror, one towel rail, suitably fitted water lines with concealed C.P.
fittings, provision of fitting geyser in all the bath rooms.
Kitchen :
Marble tiles flooring. Marble working platform with 2.5 ft. high glazed ceramic tiles
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above it, stainless steel sink. All plumbing with concealed pipes for water connection.
Painting :
Plaster of Paris on internal wall surface and best quality primer over steel and
wooden surface (external).
Electrical :
All copper wiring in P.V.C. concealed conduit. Provision for adequate light and power
points. One AC Point in all the bed rooms. Quality switches of ISI marked.
Materials :
All Steel from SAIL or TMT, No.1 quality of Bricks, PVC Bricks, Cement of Branded
Company.
Common Staircase :
All common staircases will be covered by standard specific tiles for staircase.
Fire :
For the above works mentioned in the specifications the full liability will vest
upon the DEVELOPER. No escalation on cost will be charged to the landowners and
in the failure on the part of the DEVELOPERs to fulfill the landowners in the manner
stated above in the schedule, the owners shall be entitled to compensate in the
manner which both the parties think fit at that time.
16.1 All disputes and differences between the parties in any way touching or
concerning these presents or in any way touching or concerning the said land or the
interpretation scope or effect of any of the terms and conditions herein contained or
as regards the rights and liabilities of the parties shall be referred to mediation
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under the Mediation & Conciliation Act (to be enacted soon) and/ or arbitration
under the Arbitration & Conciliation Act, 1996 or any other statutory modification or
enactment thereto for the time being in force.
17.1 Courts at Guwahati alone shall have jurisdiction to entertain and try all actions
suits and proceedings arising out of these presents.
1. [Link]. 1
2. District.- Kamrup Metro
3. Revenue Circle.- Azara
4. Village.- Garal
5. Mouza.- Ramcharani
6. Dag No.- 801 & Patta No.- 338
7. Area.- Land Area In Lessa : 15 Lessa (Area)
Land Area In Katha : 4 Katha (Area) Land Area In Bigha : 2 Bigha (Area)
A PLOT OF LAND
13. Boundaries
East- LAND OF DAG NO. 802 North- LAND OF DAG NO. 800 West- LAND OF
PART DAG NO. 801 South- CHRISTIAN MISSIONARY SCHOOL AND PART OF
DAG NO.875
IN WITNESS WHEREOF, both parties have executed this Agreement on the day,
month, and year first above written in the presence of the following witnesses.
Seller 1:
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Name: RADHIKA BARUAH
Seller 2:
Seller 3:
Seller 4:
Seller 5:
Seller 6:
Seller 7:
Seller 8:
Seller 9:
Seller 10:
Seller 11:
Seller 12:
Seller 13:
Seller 14:
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Name: KABITA BARUAH
Buyer 1:
Buyer 2:
Witnesses
Witness 1:
Witness 2:
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