Power of Attorney to Promoter
Know all men by these presents
Whereas, I, Mr. …….………….. is the owner of a piece and parcel of land, hereditaments and premises with buildings, messuages and tenements standing thereon and situate lying and being premises No. …………….., described in Schedule I hereunder.
And whereas by an Agreement for sale of even date executed by me as vendor of the one part and ……………… a company registered under the Companies Act 1956 having its office at ………………………… as developer-purchaser of the other part, I have agreed to sell the said property to the said developer on terms and conditions contained in the said Agreement.
And whereas to give effect to the said Agreement, it is necessary to give to the developer a Power of Attorney to enable it to get the requisite exemption, permission, sanction etc. from the appropriate and/or competent authorities.
And whereas the said developer has requested me to execute and grant the said Power of Attorney in favour of the developer which I hereby do.
Now these presents witnesseth that I, Mr. …………………., do hereby nominate, constitute and appoint Builders Ltd. to be my true and lawful Attorney to do and execute and perform all or any of the following acts, deeds, matters and things namely:
1. To prepare plans for development of the said property and to submit the same to Calcutta Municipal Corporation and other concerned authorities for obtaining approval to the same and any amendments thereto.
2. To approach all concerned authorities under the Urban Land (Ceiling and Regulation) Act 1976 for the purpose of obtaining exemption under section 20 thereof in respect of the said property and for that purpose to sign such applications, papers, writings, undertakings as may be required and to carry out correspondence with the authorities concerned, to appear before them and also to prefer appeals from any order of the competent authority or any other authority made under the provisions of the said Act.
3. To approach, appear, represent and carry on correspondence with and pay the necessary fees or dues and to deposit the requisite amounts to or with all concerned authorities including Government Departments, Municipalities, Town Planning Departments and other concerned authorities in connection with the development, construction, sale of Apartments and Management thereof.
4. To enter upon the land and premises with men and material and to do all things necessary for demolition of existing structures and constructing the multistoreyed building and to apply for and obtain from the authorities concerned permits for cement, steel and other materials, water supply, electricity connection and all other things necessary for the carrying out the said construction work.
5. To apply for and obtain electricity and water connection from the WBSEB or CESC Ltd. and Municipality Corporation and to execute the necessary documents including lease agreement in respect of a portion of the said premises for installation of electrical equipment for supply to the entire apartments building and to instal separate meters for each apartment.
6. To apply for and obtain from Government Departments and Municipality no objection certificate, permission or sanction for carrying out the construction of the said buildings, completion thereof, Exemption Certificate, Completion Certificate and Occupation Certificate in respect of the said multistoreyed apartments buildings.
7. To enter into agreements for sale of the flats or apartments to be constructed at the said premises on ownership basis and to take advances or payments in respect thereof, give possession and execute conveyance as and when necessary on such terms and conditions as the Attorney may think proper and in consonance with the law and for this purpose to obtain the necessary permission, no objection certificate or Clearance from the authorities concerned and to get the documents, agreements, conveyances registered and to do all things in connection therewith.
8. To negotiate and enter into agreements with existing tenants, to arrange for the alternative accommodation if necessary and to assure them to give similar accommodation in the multistoreyed building when constructed on such terms and conditions as the Attorney may think appropriate and if necessary to take legal proceedings for eviction of tenants and to engage lawyers for that purpose and to sign Vakalatnama and all pleadings and affidavits and petitions necessary in that connection.
9. To insure the property against all risks such as fire, tempest, riots, civil commotion, malicious acts, explosions, bombs, short-circuits, bursting of gas cylinders and floods, earthquakes or otherwise causing any damage to the building or any portion thereof for the full value of the multistoreyed buildings and other assets and lives therein as the Attorney may think proper.
10. To ask, receive and realise from all occupiers or purchasers of flats, charges, expenses, rates, cesses and other sums due or that might become due and payable by them and on non-payment to take appropriate steps for realisation thereof.
11. To accept writ of Summons or other legal processes or notices, appear before any Officer, Authority, Department, Magistrate, Court, Tribunal, Judicial or Quasi-Judicial Officer and represent me and in connection therewith file appeals or revision or representation and appoint Advocates and lawyers to appear and act in all matters connected with or in relation to or arising out of the said development and construction and sale of the said flats and/or the said premises.
12. To sign and verify and execute all pleadings, affidavits, petitions, representations, applications, appeals, revision, review petitions in connection with any suit, proceeding, appeal, revision, review before any Officer, Authority, Court, Tribunal, Magistrate or any other person for and on my behalf.
13. To receive from any person, officer, authority, Tribunal or Court any document, money or other things and give release and receipt therefor.
14. Generally to do and perform all acts, deeds, things, matters necessary for all or any of the aforesaid purposes and to give full effect thereto.
15. To do all other acts, deeds, matters and things which may be necessary to be done for rendering these presents valid and effectual to all intents and purposes.
16. For performing and carrying out the purposes of these presents I hereby grant unto the said Attorney full and absolute authority and power to substitute and appoint in its place and stead one or more Attorneys to exercise all or any of the powers and authorities hereby conferred and to revoke any such appointment from time to time and to substitute or appoint another or others in place of such Attorney and on such terms and conditions as the Attorney shall think fit and proper.
17. I hereby agree to ratify and confirm whatsoever the said Attorney shall do in relation to the premises by virtue of these presents and I hereby declare that I shall not do anything inconsistent with the Power of Attorney.
18. I hereby declare that the powers and authorities hereby granted are irrevocable till the said property is fully and properly developed as per agreement for sale and in accordance with the statutory provisions, rules and regulations and that the transfer and/or conveyance of the land, buildings, flats are conveyed to the purchasers and Association of Apartment Owners is registered and starts functioning.
In witness whereof I have executed these presents at Calcutta on the 5th day of June 1999.
All that piece and parcel of land measuring about 6 cottahs in Dag No. 5 Khatian No. 8, Mouza Old Road, with two-storeyed building being premises No. 3 New Road, Calcutta in the Municipal Ward No. 2 butted and bounded by in the North Corporation Road, South-Canal, East by Black Road, West by Drain.
Signed and delivered by the said
Mr. S. Tanton in presence of:
Accepted and signed by Mr. Z
pursuant to Board Resolution of
4th June 1999 of Builders Ltd.
in presence of: Signature