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q'6nrq h,IAEIAR.AS [n TR,A                        (D 2023   0                                CH B9OOB(]

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                                      pEVEL9PMEN'I AGREEMENI'



                                                                                    I
              TI-IIS AGREEMENT made this, g!-               day of .Agvs-L t024 the between the
       I\llunicipal Council Wanadongari, Declared by Govt. of Maharashha resolution MllN-2016 A{O-
       6/UD-18 Dtd. 26.10.2016 represented by its Chief officer, Municipal Council Wanadongari (here in
      'after referred t<l as Party No. 0l), which expression shall unless repugnant to fte context or meaning

       tlhreof be deemed to include its successors and assigns on the one part, and (1) M/s
       A;phtavinayak Developers through Director Girish M Jaiswal through POA holder Prasanna
       Planners through (l) Prakash D Chafle aged about 57 years Occupation-Business, IVo Ajni,
      Nagpur-4400 r 0, (pAN-flfl 6_lLZl_t{_L ,Aadhaar N o.SVL-L3 :/tjt-S-,

       aged aborrt 48 years Occupation-Business, R/o Bhandara, (PAN-{t6t,J!.Lol3{Jlrarlhaar
                         :tl.f,),, (3) Shkti G .Iaiswal aged at:out 38 years Occupation-Business, R/<r
                                                                                        !.
                                                                                                 Page 1      o$
                                                                        '3 *;su)u:
                                                                                   '
                                              A-,it9&                                            ,     ..:
                                           /
                                         ,Beltarodi , Nagpur-440010, (pAN-                      I!-tI, Aadhaar No.
                                          hereinafter called the PARTY NO.2, whioh expression shall unless repugnant to
                                                                                                                                   the context or.
                                          ureaning thereof always Inean and include the said PARTY NO.l, as well as their
                                                                                                                                 respective heirs,
                                          legal representatives, executors, aclministrators, successors and assigns of
                                                                                                                         the SECOND pART:-

                                           WHEI{EAS the said Parly No.02 are the absolute owner of land admeasuring
                                                                                                                                    1.79 H.R. (
                                          17937.876 Sq.mt.) cornprised in Kh No. 104/21 tol04t23,t} lzstolll4t}g,ill4l37
                                                                                                                                 t<t104t40,104141
                                         to 104/42 and 104144 of Mouz:t- Wanadongari , 'Iahsil Nagpur (Rural); Dist. Nagpur.
                                                                                                                                       AND


                                                       Whereas The aforesaid land is covercd under Municipal Council Wanadongari,
                                         Declalecl by Govt. of Maharashtra resolution MUN-2016 /No-6ruD-l g Dtd.
                                                                                                                            26.10.2016 by which
                                         Municipal Corrncil Wanadongari has been established as Planning Authority for the Region.
                                                                                                                                          AND
                                                    WHEREAS, Municipal Council Wanadongari , Nagpur has approved'Ientative Iayout plan
                                         txr dated 2610412024 arid tlte finnl layout under Section 45 of Maharashtra Regional & 'lown
                                         Planning (MItT'Ir) Act, 19(16 was approved by the Chief officer on dated 0gJ0S!?02tTahasildar.
                                         Ilingana has issucd N.A. sanad for the aloresaid land admeasuring 1.79 HR fiom Agricultural
                                                                                                                                             use
                                         to Non-Agricultural for the Ilesidential purpose vide order dated 2.1,05;?024 and DSL
                                                                                                                                   I{ingana has
                                         demarcated the said layout on 10.06.2024. (lemarcation no _200t2024) ANI)

                                                   WI'IEREAS the Party No. 02 desirous to get the layout on the afor.esaid land to develop
                                                                                                                                             for
                                         the Ilesidential purposes, in accordance with the plans, sper:ifications and Developrnent
                                                                                                                                        Control
                                         Promotion Regulations and


                                     .            WFIIIITEAS the aforesaid land is situated in the area covered by the Municipal
                                                                                                                                       Council
                                         Wanadongari, Declared by Govt. of Maharashtra resolution MIIN-2016 nrfO-frffjb-lg
                                                                                                                                           Dtd.
                                         26.10.2016, tlte said land is underjurisdiction of Municipal Council Wanadongari. The party
                                                                                                                                         No.g1
                                         has oontrol over the area in the matter of development of layout of said lancl;
                                                                                                                           and

                                               WI-IEREAS the Party No.02 has appliecl for the development pennission to the party
                                                                                                                                      No I fbr
                                     developing the said land and Parly No. 02 has given acceptance to the'ferms and
                                                                                                                                 Co,clitions of
                                     Parly No.01 to develop the land as per plans, suggestions and directions <lf party No.gi
                       ,i..
                                                                                                                                         i, the
                   .
               ,,',,,it,i:..mannel'.o1'size, location, specif-rcations and designs of plots ancl development works including
                         .,.:;i C-eme1t ConglQte Roacl, CC PaverBlock, RCCpipe sewer lines with SFI{C covers, RCC pipe
          ''
           0
          ,C              ' r:j'stotm drains with SI?RC Grills and rainwater harvesting system , CI/DIIHI)PE water-pipe lines,
             ' ,'.,;
               '-,,, Sewage lieatment Plant (S'fP), Grey Water Recycling and reuse plant along with necessary
               , : i'         ,,,.


l   ,;'



                                     tree pldntation, development of open space, Installation ofplay field equipmept & erection
                                                                                                                                      of name
                                     board at open spacc in the name of fieedorn fighter or similar persons as approved by Municipal

                                                                                                  g:rc,,qi,_il                      Page 2 ofg

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                                                                                                                       ., rvr   r.v



                             Ctreet lighting in tlte layout at its <lwn cost.

                      C


                                       (a) 1'o deposit with Par"ty No.0l refundable sum of 7.l6.qg0A being 5%o ofestirnatccl
                            developrnent cost @ Rt. 80 lakhs per I-Iector (Total Arnount of lk.Jrl6.000/: Only)
                                                                                                                                      towards
                            Security Deposit for completion of all developrnent works rnentioned above. Security Deposit
                                                                                                                                          shall
                            bear no intelest. Party no 2 can also opt fol mortgage ofthe land valuing at estirnated
                                                                                                                                development
                            cost in the narne of party no l.

                                  Paty No.02 has accordingly deposited7.l6.000.i- vide tr'ix deposit Receipt No. 24g2g37g
                            dated 2610812024 withParty No. 0t

                            (b)      The Party No. 02 shall have to deposit non-refundable levy, assessment ancl Development
                            Charges as per clause 124 B of M.R. & T'.P. Act 1966 (Amended) on total lancl under the layout.

                            Pafty No.02 has accordingly deposited Rs. 16,37,72gl- vide N.p. Rcceipt No. l89l dated
                            22108t2024 with Party No. 01.

                            (c)     If the albresaid land is covered by I'own Planning Scheme in luture, the party no. 02 shall
                            bc liable to pay to the Party No.01 the bettennent and development charges which may be assessecl

                            on the plot(s) in accbrdance with the provisions of the Maharashha Regional & 'Iown plan,ing
                                                                                                                                          Act
                            1966.

                                    Provided that the Party No. 02 shall be liable to pay clevelopment charges to the party
                            No'01 in respcctol'the unsold plots in layout and the purchasers shall be responsible to pay
                            developntent charges to the Party No.01 in respect of the plots sold to them. 'fhe party No. 02
                                                                                                                                          both
                            bind it to incorporate a olause in the sale deecl of each plot to the effi:ct that the plot(s) is sold subject
                          Io the responsibility of tlte ptrrchaser's t<l pay betterment and development charges t. the pafty
                          No.01 in accordance with the provisions ol'the Maharashtra Regional &';own Planni,g Act l()66.

                          (d)       The Party No. 02 shall be solely responsible 1br all the data and calculations thereol.
                          sttpplied in connection with the land under sanctioned layout. If any e6or is found subsequently,
                          the Party No. 02 shall agree to rnodifu the clesign, layout, alignment of roads, sizes of plots etc.,
                                                                                                                                           as
        . ..:,
           ;'.            rnay be decided by the Party No. 0l.


   :.
           '',    ,,j"i,
                 , ,.,'I'
                          (.)       'Ihe Party No. 02 shall agree to acljust the irregular portions
                                                                                                      of the land as gray lre necessary
  ,t,' / , ,ii,l accorclance with the schenre/layout plan approved by the Parly No. 0 I for t5e sai6 arca, fkrr whic5
             :,

       L i:.,ti
                      'pttrpose tlte Party No. 02 may either be rcquired to transfer its land to the Party No. 01 or p*rchase

,r:, ), ,,'i;,,: sonrelaucltinmlheownersofthead.ioining landsorfiornthePartyNo.0l att6eratesancl ont5e
                          conditions as lnay be decided by the Parfy No.01 anrl till such adjustment is r1a4e by Party No.02,
                          the imegular plots in this layout shall not be sold or used in any maruler whatsoever, by the parly


                                     /^ r\,,r,fo -               il^il q..lv
                                                                                        g:q.q+?q.9{                              Page 4   o[!
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                                   shall give undertaking to the Authority at the time of occupation certificate in case of Group
                      I
                     't'       .I{ousing Scheme and at the time of final approval in case of plotted layout, that he will transfur
                                   the recreational open space ata notninal cost of Ile.l/- to the society/ association whenever it is
                                   fornred. The recreational opelt space shall not be sold/leased out I allotted/transfbr.red for any
                                   purpose, to any other persotr and it shall not be put to any other use except for the common use of

                                   society / association of the residents/occupants as rnentioned in Regulation No.3.4.7 as per
                                   UDCPR Clause No.3.4.2. Acoordingly paffy no. 2 has submittecl undertaking on
                                   datcd-.
                               b)        If the authority is convinced that there is misuse of open spaces; in such case the alrttrority
                               shall take over the land ofrecreational open space.

                                   (10)'l'he l'arty No. 02 shall agree that any amount due to the Party No.l on account of
                               development works taken up by the Party No.0l as per the tenns of this agreement or on any
                               account, that the due antount shall be a first charge on land and shall be recovered by the Party

                               No. 01 as per the law. The Party No. 02 shall recite this and other terms in the sale deed/s of the
                               plot(s) that shall be sold by the Party No. 02 and shall be binding on the purchasers.

                               (11) The Party No. 02 shall not sub-divide the land in this layout without obtaining prior written
                               pennission of the Party No. 01.



                                          In the matter of use and construction in this layout land, the Parly No. 01 shall have an
                               unftttered control in accordance with the Development Control & Promotional Regulations and
                               zoning regulation as may be in force from time to time. In the event of sale of land the Party No.
                               02 shall incorporate in the sale deed the conditions to the above effect of this agreement.

                               ( 12) It is hereby agreed between the parties hereto that in the event of breach on the part of Party

                               No. 02 of any of the terms and conditions expressed herein or his failure to comply with any of
                               the terms & conditions expressed herein mentioned, the Parly No.l will not grant permission for
                               construction of the building on this layout or in any part thereof on this layout.

      '!.
            ...-.':, (13) The Party No. 02 shall be solelyJ responsible
                                                             --r--      for providing electrification in layout and
                                                  '
   '' ' ' ') ''r.'slrifting of L.T. line/ [{.T. line of MSEDCL
   .-
                ,                                                              affected in the Ia.ryout at his/ its own risk & cost with necessary
                                       ission liom relevant cornpetent authority.
,..,..':,;;:f
  "   ;"'/(' ,                 f   rir 'l'he Party No. 0l shall release the plors in lhvour of the party No. 02 in proporrion ro rhe
                           ,




',i: i ,: .'., :r"transfbr/sale
                 ..'
                                the plots in the layout before release of the sarne by Party No.0l.'fhe plots in the
                .:
                               Iayout shall be released in the following manner:

                               (a) 20o/o plottable area shall be released after execution of agreement,and after due approval of
                                                                                                                                          Paee6oi$
                                         .--(i\f\rd'q                    [*i\ UJj!.l -7-gr*J
                                                                                                                         i3ilY*.:: *rr.:"/ -_
                                                                                                                          , ^ur   tra,
                        ' 1s per this agreetnent &
                        ia                         one year           after handing over of
                      ' Municipal council. SecurityDepositshail                                      services, dbveropment
                                                                                                                                         works to
                  .                                                            bearno    interest.
                         (16) Party No' 02 has                                                                ;.;,
                                                     subrnitted affidavit,
                                                                             decraration & Indemnity
                         land notaffected by                                                             Bond, undertaking regarding
                                               ULc Act 1976, undertaking,regardi,g
                        Deparhnent,ated 22/01/2016                                            crass of land as per
                                                                                                                        G.R. of Revenue
                                                              on requisite stamp paper
                        ownership' If a,y legal                                              to purty No. r in confirmation
                                                      clispute arises regarding                                                            of its
                                                                                  the said la,d, the par.,
                        responsible for it' Further                                                           No. 02 sha, be sorery
                                                      Party No' 02 indemnit'ies party
                                                                                          No. 0r & Govemment
                        & darnages arising out of                                                                     against any craims
                                                      such legal disputes.
                                                                              Arso councir bears no
                        title of the said properly                                                      r-esponsibirity for ownership
                                                      if
                                                     ' any dispute arises regarding the      said property or any
                                                                                                                        imegurarities are
                                                                 responsibre and appricanr
                       :il:iH::ffi;::                    ::-t
                                                                                                wiil not be erigibre rbr any ki,cr

                       (77) It is agreed between
                                                       the parties that if requirecr
                                                                                       the party No. 02 shail
                      executionand registration                                                                 bear trre costs of the
                                                     of this agreement, other
                                                                                 documents, deeds etc.
                      (18) It is also he.eby
                                               agreed that in the event
                                                                             of difference of opinion
                                                                                                         between the parties
                      agreement hereto     i, respect of any mafter or mafters                                                           to rhe
                                                                                          contained herein, trre
                      Adrninistrator'/chief officer                                                                   decision of the
                                                       Municipal councir wanadongari,
                                                                                              shail be finar and bindi,g
                                                        officer Municipal councir                                                 on pany
                                                                                        rvanadongari, shail be
                  )r.lirlrlffi:::*'/chief                                                                            sore Arbifrator in


                  (19) The Sanction once
                                                 accodecl through this
                                                                              Deveropment permission
                 I?our Years in the                                                                         sharr remain varid
                                        aggregate but shall                                                                               fbr
                                                                ha'e to be renewecr evely
                 T'he application lbr                                                         one year fi.or, the date
                                           renewal shall be rnade                                                         of its issue.
                                                                       befbre expiry of one
                 comlnenced' Such renewal                                                       year if the work is
                                                                                                                          not arready
                                                      can be d,,e lbr three
                                                                                 consecutive tenns of
                 proposals shall have                                                                      one year after wrrich
                                           to be submitted to obtain
                                                                          deveropmentpermissio,
                renewal is rnade after                                                                  ari-esh. If appricatio,
                                             expiry of fhestipulated                                                                     fbr
                                                                         period during whicil
                valid then the Adminish'ator/chief;d;;iciparcourcir                               comrnencernent certificate
                                                                                                                                          is
                fbr subtnission of application                                            wanadongari may condone
                                                                                                                             trre deray
                                                       fbr renewar by chargi,g
                                                                                    ,ecessary fees. But in
                development pe,nission                                                                          any case issue of
                                               shall not be renewed
                                                                        for a period of more than
                of developmettt certificate,                                                            four years from the date
 ' 'li
    ' i:l   '
                                                     Provicled that no such
                                                                                renewar shau be necessary
      ... ..i'cbmrner
       '".i[,rt'."^"-'tced withi, the period o1'valicl per:nission.
                                                                                                                     if the wor* is
                                                                             i.e. where the Irinar
                                                                                                     Demarcation and provision
                                   macaciam roacls completed
            'HIi[::"d                                              ancj such pennission
                                                                                            sharr renrain varid tiil
.ii ,                                                                                                                   rhe work is
          '. -,::'
        :'.'(20)
   ' ,lr'lJ"' FIy Ash shoulcl Ie use for oonshuction
                                                                      of emba,kment for road
      .'' is more than 2 rn.                                                                         work where embankment

            (21) Flv
                                                 paving blocks/tites,
                            ^tft:t"':':t                                  Bricks etc. srrourd be
                                                                                                      used for consh.uction
                                                                                                                                     of
                        a-{0 til*//y-=' A^il- [/."1.7 6r-to-r" *ro,/                                                   e;s.a$