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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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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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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.
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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
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(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.
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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
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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.
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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
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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.
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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
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