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Page 1: cblq1QM, -9TR'1I1 fi RTTIT F-r) - …environmentclearance.nic.in/writereaddata/FormB/EC/Additional...cblq1QM, -9TR'1I1 fi r, -RTTIT ... Raipur (C.G.) (here in after ... Two Hundred
Page 2: cblq1QM, -9TR'1I1 fi RTTIT F-r) - …environmentclearance.nic.in/writereaddata/FormB/EC/Additional...cblq1QM, -9TR'1I1 fi r, -RTTIT ... Raipur (C.G.) (here in after ... Two Hundred

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cblq1QM, -9TR'1I1 fi r, -RTTIT (34-P9-7m-9- f441-F-r)

0771-101.2274101,

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Kachna Infradevelopers Private Limited, a4N •14k, 171-

7J1T1 ird-Mtf 6rcbl -V-sk 40 -1 4-isk 319/1-2,

320/8-12-13, 321/8, 321/12-13, 343, 344/2, 345/1, 358/1-2-3,

359/1-2-3, RP-Td- M-c111-41 3T1-41Atzl. G+10 cfa"c

Drawing T4 3T-RTP=F9" :ITErt>r-TU 4 \-1124- • 1-1-49- A NBC 2005 Chapter IV c cl6c1 ct .) 7-T4 t-k :—

1. Fire Extinguisher 4 cLicioz IS2190:1992 3-T-TiN I

2. Manually Operated Electric fire Alarm System.

3. Terrace Tank pump capacity of 900 Ipm with Minimum pressure of

2 kg/cm2 at Terrace level.

-ftzfli 1984(42) 4 Iel-1 7 4 3-7-K711 31-917-1

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CHHATTISGARH

- : Agreement : - 2 1 NOV N14,1

by and Tlijs Agreement made and entered: into at Raipur (C.G.) on

ween,

5 Kachna infra Developers Private LiMited, PAN : AAECK-9003-E, Address : Opposite Police Line Gate,

Nehru Nagar, Raipur (C G.), Registered under the Indian companies Act 2013, through Director

B;:sant Kumar Jain, aged 58 years, Sjo Late Champalal Katariya, R/o, Tagore Nagar, Raipur, Tahsil

aril Distt. Raipur (C.G.) (here in after referred to as "LANDOWNER") which term shall unless

41. e::-laded includes its and his heirs, executors, administrators, representatives of the first part.

AND

Buildtech India Private Limited, PAN AADCR-8166-N, Address : Opposite Police Line Gate,

Ohru Nagar, Raipur (C.G.), Registered under Indian companies Act, 2013; through Director Pritesh

lau-nar Jain, aged 36 years, S/o Vijay Kumar Jain, R/o Tagore Nagar, Raipur, Tahsil and Distt. Raipur

(CG.) (here in after referred to as "DEVELOPER") which term shall unless excluded includes its and

his heirs, executors, administrators, representatives of the second part.

a) WHEREAS THE ABOVE NAMED LANDOWNER is possessed of or otherwise sufficiently

entitled to the property (Land) within the limits of Raipur District situate at village Kachna

P.H No. 40 comprising in khasra Nos. 319/1, 319/2, 320/8, 320/12, 320/13, 321/8, 321/12,

321/13, 343, 344/2, 345/1, 358/1, 358/2, 358/3, 359/1, 359/2, 359/3 Area 4.295 (Four Point

Two Hundred and Ninty Five) Hectare = Four ..acs Sixty Two Thousand Three Hundred

Point Ninty One square feets. more fully described in the Schedule -I hereunder written

(hereinafter referred as THE SAID PROPERTY")

7

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rr

CHITATTISGARH n 7^;57 i 7 /

b) AND WHEREAS THE OWNER covenants that the said property is in its exclusive possession

with absolute Right, Title and interest and the same is free from all encumbrances, debts,

- liens charges and attachments and is in marketable condition and have in itself good rightful

power and absolute authority and Title to transfer the whole and/ or part of the said

property.

c) AND WHEREAS THE OWNER is desirous of getting a multistoried building complex developed

and constructed on the said schedule property and acquired residential built up area and car

parking space in the same premises of the flat to be constructed in future.

ci) THAT THE ABOVF.NAN1ED DEVELOPER'S Director Pritesh Kumar Jain approached the Owner

and have requested and offered to permit it to develop the said property by constructing at

its own cost a multi-storied building complex thereupon as per approved plan from the

offices of Sanyukt Sanchalanalay, Town and Country Planning as well as Municipal

Corporation, Raipur (C.G.) upon the vacant land,(hereinafter referred to as "BUILDING")

The De*veloper shall be entitled to develop the said property by constructing thereupon

residential flats, car parking spaces and other tenements in accordance with the approved

plan of the project located at Kachna Site. To sell the tenements and all the flats/shops in all

the towers, as the case may be, with common facilities etc. Developer in discretion, if think

fit, to receive and realize the advances in respect of the sale of such tenements, flats/ shops

and parking spaces etc. and to transfer "Owner Flats" and car parking space in the parking

floor of the building to the Owner as and when developed on the said property or parts

thereof from time to time.

f)

The Developer will construct 28 (3BHK) Residential flats measuring 1690 sq. ft. super built-

4

up area each (which consist of total 47320 Sq. ft. super built-up area) in the building with car

parking space in the parking floor of the building (here in after referred to as "OWNER

2 1-ishann

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t

7 4 5 •

CH HATTIS GARH

FLATS") in favors of Owners or their nominees in consideration of which the Developer

would acquire right or interest in the said premises or the structures, excluding Owner's

flats, that are proposed to be constructed by Ownerr uner

by the Owner in favor of Developer to enable it to carry out the purposes and objects of

these presents.

NOV∎/ THIS DEED WITNESSETH AND IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE

PAR - l.)ES HERETO AS UNDER

01. The Owner have agreed to appoint the Developer as the developer of the said property with

a right to develop at its own cost, risks, responsibility and not as ag emoted the Owner bf th y

putting building upon the above said land as per plan, that may be submit with mutual

consent of both the parties and be sanctioned by Raipur Municipal Corporation and other

concerned Authority or any other authorities, and as per the terms and conditions that may

be imposed by the concerned authorities. The Developer has agreed for the development of

the said property as stated hereinaboye.. Hereinafter the vacant land to be developed will

mean the scheduled property fully mentioned and described in schedule shown, marked leIIand

delineated in red color in the map annexed hereto forming part of this deed. (Schedu,

Plan Submitted for Approval)

Along with the execution and registration this agreement the wner shall it grant to the

Developer license to enter upon the said land as a licensee only for enabling to develop

the said land, It is hereby expressly agreed by and between the parties hereto that the

possession of the said property is not being given or intended to be given to the Developer

in part performance as contemplated by section 53-A of the Transfer of Property Act, 1882.

kitsnaibn r.,,j13 P ,111_tO

U2

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4 5 7- 1 9 Uri CHHATTISGARH

t^tte ' :o •

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0,3 The Developer shall expeditiously proceed with the development preparation of building, as

per approved plans, upon the said land, which is about 462309.95 square ft. vacant land, and

in turn for Owner, Developer will construct "Owner's Flats" as stated above.(Schedule- III -

Demarcation of "Owners . Flat)

, 3 -1-

0,4. The Developer can transfer/ sell all flats, except "Owner flats" and parking space at parking

floor reserved for Owner or its nominee or nominees, in the said property and building with

undivided proportionate land and common construction, by virtue of power of Attorney.

015. That it shall be the duty of the Developer and/ or its transferee to maintain the building,

grounds and other common facilities available to the Owner's flats or its buyers. Charges for

the maintenance of the building and the common facilities shall be payable by the Owner in

respect of the Owner's portion at the rate on which same shall be payable by the Developers

or their buyers on pro-rata basis.

06. That the "Owner's Flats" to be constructed on the said property has to be delivered to the

Owner by the Developer. In case of default the Owner shall be at liberty to enter into

agreement with another Developer or contractor or otherwise deal with the said

? property/building and all the payments made and expenses incurred by the Developer on

the said property/building shall stand forfeited.

07 It is hereby expressly, beyond dispute and irretrievably, agreed and declared that the

delivery of possession of "Owner's Flats" and parking space at parking floor by the

Developers to the Owner in the manner provided in the preceding clause towards premium

of the flats to be sold in future as mentioned in this agreement or to be mentioned in the

Conveyance Deed later on

KAChrld Pvt tishabh BuildteCh lnclia Pvt. Ltc.1

4 l'.rector

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Cep

) ; . ri n. 4

of

yrdThfrfr CHHATTISGARH

.?- 7

„. I A-

(d) To accept service of any writ, summons or other legal process or notice and to appear

and represent the Owner in any court in India before any Magistrate, Judicial Tribunal and

other Tribunals in connection with the development of the said and building and to

commence or file suits, actions or other proceeding in any court of Law or before any public

officer or Tribunal relating to the Development of the said property/building or part or parts

thereof and for any of the purposes aforesaid to sign, execute and deliver or file netessary

Vakalatnama, claims, plaints, orders, applications, affidavits, petitions and others

documents, papers against the interest of the Owner. The Developer will take all measures

to protect the Title, interest and Rights of the Owner and cost will be borne by the

Developer and reasonable advice of the Owner in this regard shall be obtained by the

Developer at all times,

(e)To enter individually into agreements to sell flats, shops etc. in the aforesaid project to

the pr.ospective purchasers, except the "Owner's Flats" and parking space thereof,

(f)And generally to do such reasonable acts, deeds and things for developing the said land

.1 and building.

t 1 Whenever deemed necessary the Owner will join as under and/or the confirming party in any

person or persons who desire to acquire flats or portions in the buildings on Ownership

basis. All amounts receivable under such agreement for flats/shops/car parking/tenements

etc. shall be received by the Developer for its own use.

11.1 On the completion of the sold flats/shops/parking space/tenements etc. of said building the

Developers shall execute all documents necessary'for giving to the buyer's Legal Title for

his/her/its/their respective flats/shops/car parking space etc. including the undivided

t proportionate share and rights in the land on behalf of the Owner.

Vn(1 , a Pot

411

_4 lin,

1. •

Do^ C;

6

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" •••.; ,'""" r

ONE HUNOrir- r

1

trffill CHHATTISGARH

I). That the Owner hereby undertakes not to sell, dispose or alienate the said property or any

part thereof save and except putting the Develo .pers in possession thereof as licensee for the

purpose of development pursuant to this agreement with the ultimate object of granting,

conveying and transferring the property as developed as aforesaid to the Developer or

persons nominated by the Developer as herein above stated and further irrevocably

undertakes not to do any act, deed, matter or thing as shall be in contravention of the

declarations made by it in the preceding clause.

I 1, For the purpose of verifying the correctness of the declaration hereinabove made regarding

the absolute Ownership of the said land and its Title hereto being marketable free from all

encumbrances and also Its undertaking not to encumber the said property or otherwise

alienate or dispose or deal with the same or any part thereof save and expect as

hereinabove provided, the Developer shall entitle to retain original copies of all necessary

documents including documents of title relating to the said property for the purpose of the

verification as aforesaid including investigation of the Owner's Title to the said property till

the construction is over in all respect.

The Developer shall develop the said property in its own name and at its own cost and shall

alone be responsible for the development of the said property and budding. However, the

location of apartment will be at Kachna Site.

I That the Owner will receive the portion for the said property in the form of "Owner's Flats"

and parking space thereof as agreed above. The Owner shall at no time demand any type of

interest, except "Owner's Flats" and parking space thereof, in future dealing regarding the

sale of Developer's shares of the built- up area etc. in this project.

16 That the Owner as per this agreement is giving vacant land as licensee to Developer

mentioned in the schedule

; • e ,C_ („) r 7 kisrlabn

P‘it. le Id

Directcf-

G 7) 4 5 7 2 2

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tntrgi f CHHATTISGARH

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17, That the agreement shall not ever be deemed to constitute a partnership of any sort

between both the parties hereto.

1W The Owner will hold the Owner's area on the same terms and conditions as the Owner of

other portions of the building according to the standard agreement that may be finalized by

the Developer in consultation with the Owner. The Owner will become members of

Association of persons or Cooperative Housing Society, whichever is found suitable by

Developers and formed by it, and the Owner as well as its nominees, respective agents,

servants and licensees shall abide by the rules and regulation of the Association or

Cooperative Housing Society They shall be entitled to use all common facilities in the

building complex intended for the utilization of the occupants of the building on the usual

terms and conditions applicable to all for such utilization. The Owner will also be entitled for

equitable undivided proportionate share in land as per law.

19. The Owner agree that in case any fine or penalty is imposed on the said building for any

extra built-up area constructed in excess of the sanctioned plan, then the same shall be

bo'rne and paid by both the Owner and Developer in the ratio of their respective shares of

built- up areas in the said building for the extra area provided the Owner prior consent is

obtained in writing as to the excess construction.

/1) The Owner agree that if any levy is imposed by the Raipur Municipal Corporation, or any

other Public Body (s) or the Government for the Development/ betterment of the area in

which the said premises is located or any other levy becomes applicable on the said

premises or the building thereon then the same shall be borne and paid by the Owner and

the Developer jointly in the same proportion to their respective shares of built- up area in

the building.

thry:114.- 1! ,

8

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3

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71-7i

A 7,x 4 4 ) 1\ 1

rilTUT CliHATTISGARE

1, It is agreed that in all transfer/ conveyance of land and/or built-up area the purchaser/ )

transferee shall bear the cost of stamp duty, Registration Fees and other incidental

registration charges. No such cost shall however be payable by the Owner.

2 2 , As hereinbefore stated, the portion for the Owner under this Agreement is that it will get

free "Owner's Flats" and free car parking space in the parking floor of the concerned building

and in addition thereto no cash is payable to 'it by the Developer in any other form. The

Owner agrees to allow the Developer to execute and sign the sale deeds individually in favor

of the flats/shops etc. pur.chasers after allotment to them and to admit and confirm by

affidavit before the Notary Public at the time of registration that for transfer of its land, as

stated above, it had received its portion in the form of "Owner's Flats" and car parking space

=:..- ,to its satisfaction and nothing more is due in any other form from the Developer or the

l ' 'purchasers of the flats/shops/car parking space etc. The Developer is entitled to receive its

dues from the purchasers against its allotted flats/shops/car parking space etc. constructed

on the said land as described in the schedule. It is, however, expressly and unequivocally

agreed and declared by and between the parties hereto that the right of the Developer or of

any of the purchasers of flats/shops/car parking space etc. from the Developer shall not

subsist or extend beyond the construction of sanctioned "BUILDING" by the authority.

2. That in case of any dispute and differences arising out of or relating to this development

agreement the same shall be referred to the Arbitration of one or more Arbitrators (to be

appointed by mutual consent of both the parties) and the entire proceedings shall be

governed by the provisions of the Arbitration and Conciliation Act, 1996, subject to

jurisdiction of Court of law at Raipur in the State of Chhattisgarh.

This agreement shall stand terminated automatically as soon as the construction work/ sale

of flats etc are completed according to the permission granted by the concerned

i,hr • :1 t ) e v r s •

9 ktst‘,abh

rt 4 ° -4">4

13 345724

ri l f er:):Or

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44t r

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TIOOKICINJ

7714

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trtflJ7 CHHATTISGARH G 4 5 7 29

authorities. If any additional development is needed in future, both the parties have to enter

into a fresh agreement in accordance with the terms and conditions prevailing then.

The Owner will bear and pay all outstanding charges and dues of whatsoever nature in

respect of the said land including ground rent, property tax, water and electricity charge5,

municipal corporation dues/ tax and other outgoing up to date of this agreement.

Thereafter, from the date of this agreement all 'rents, taxes etc. will be borne by the

Developer and the Developer shall indemnify the Owner against the same.

The Owner and/ or its nominees will have the same Rights, Title and interest to use and

enjoy all the common area, stair cases, common parking space common passages and

lobbies etc. as the Developer and/or its nominees.

27 That apart from the Owner, none else is entitled to or has any share, Right, Title or interest

in and upon the said land or any part thereof either as a partner or any partnership and that

the Owner is not the trustee for any one in respect of the said land, the maintenance and

upkeep thereof, any funds of the joint family or any nucleus thereof.

Any kind of taxes if chargeable by State Government or Central Government will be borne by

the Developer.

Consequent upon above mentioned agreement all work will be done by the Developer.

INoc 000 tH r,f; r +

Pil ecl

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3-e1 -1al 1908 a ETTZT 32 (A) .ff-6-a. "c45)--a Qc1 39E3 Egg

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I-6shabh Bukitech India Pvt. Ltd, |

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7571C777 CHHATTISGA It 1 I ...n••••n G / c 7 3 0

Schedule (Yht, sold property)

DESUIPTIQN OF tilt LAND UNDUI THIS AGREEMENT.

, ,

La d in BhuAii , in ItiKlwi "introit , at Kor Inn) P 11 Nu 4(), rah. & Distt Raipur (C.G.) comprising in

),111)/11, 110/11, I11/H, 121/12, 321/13, 343, 344/2, 345/1, 358/1,

t'iii/,), I'i9/ I Area 4,291 (four Point Two Hundred and Ninty Five) Hectare =

thou%and Thrpo liundroll Point Ninty One square feets. Situate adjacent to

•- __„,-

vi es ereof the 1)itri Pin% of partly% aboviii W.rtWrcI hereto have set and subscribed their

';:*"'"---....,r6,7trile hands without any untie,. Intluvrir p and with hill mind on the day, month and year

firt above written in prewor of the wIthri4m .

khasra Nos 319 t1')/), 1/11/B,

35Sj2 , 358/3,d r)9/

• s, Ecur. Lacs Sixty Two

A- , hrto Initn I , e./,•102?(.5 PV; : tt3

Witness:-

- oL.

Name - Satish Shivapkor

Father's Name - Shri Anand Him %Ilk/0140i

Address - Professor Colony, (1 )

Name -- Mandl') Baghel

Father's Name - Late M

1cl

Address - Sector 7 Bfulai

)

Direct° , Signature of the Landowner

,6!-_;habh Bulytech India Pvt. Ltd

n DirPctor Signature of the Developer

a 02