1025 octoct 2019 · crore for each of the luxury apartments. almost a decade after allegations of...

10-Oct-2019 25-Oct-2019

CREDAI Bengal Daily News Update | 25.10.19

Constitution bench to hear land acquisition issue from November 6

The bench, which also includes Justices Vineet Saran, Indira Banerjee, M.R. Shah, and

Ravindra Bhat, is hearing a clutch of petitions challenging the validity of provisions

related to compensation in the Land Acquisition Act.

A five-judge Constitution Bench, headed by Justice Arun Mishra, said it will begin hearing

arguments on the issue of compensation in land acquisition from November 6.

The bench, which also includes Justices Vineet Saran, Indira Banerjee, M.R. Shah, and

Ravindra Bhat, is hearing a clutch of petitions challenging the validity of provisions related to

compensation in the Land Acquisition Act.

It observed that the Act is meant for benefit of the farmers and land owners, not builders.

Early in the morning, Justice Mishra refused to recuse himself from hearing the case.

Some farmers' associations and individuals have registered an objection over Justice Mishra

hearing the matter, and sought his recusal citing judicial propriety. The court had earlier

observed that attempts to make Justice Mishra recuse himself from the bench were a practice of

"bench hunting which, if allowed, would destroy the institution".

Representing the petitioners, senior advocate Shyam Divan told the bench that it must look at

the verdict that Justice Mishra authored in February last year, where he held that acquisition of

the land by a government agency cannot be overturned, if there was delay by land owners who

fail to accept compensation within five years, citing pending court cases.

In 2014, a court verdict had held that land acquisition can be overturned if there is a delay in

accepting the compensation awarded for the acquisition.In March 2018, the top court had said a

larger bench would look into the verdicts.

Divan told the bench that in his over 100-page verdict, Justice Mishra has opined that the view

taken by another bench was bad under the law, and contended that a judge cannot sit over an

appeal of his own past verdict.

________________________________________________________________

Newspaper/Online ET Realty(online)

Date October 24, 2019

Link https://realty.economictimes.indiatimes.com/news/regulatory/constitution-

bench-to-hear-land-acquisition-issue-from-november-6/71734921

Delhi government to set up camps to register properties

Addressing a press conference on Wednesday evening, Kejriwal said that the AAP

government would set up special camps in illegal colonies to register the properties as soon

as the Centre issued a notification.

Welcoming the Union cabinet‟s move to regularise unauthorised colonies in the capital, chief

minister Arvind Kejriwal on Wednesday said that Delhi government could start the process of

registering the properties as soon as the Bill was cleared by Parliament in the winter session.

Addressing a press conference on Wednesday evening, Kejriwal said that the AAP government

would set up special camps in illegal colonies to register the properties as soon as the Centre

issued a notification.

People will get the actual benefit of the Centre‟s announcement only when they get the property

registration papers in their hands. Until then, people may think this is yet another effort to woo

them before the elections. The revenue department will set up camps in the colonies and the

process will be completed as early as possible,” the CM said.

According to an estimate, the revenue department will have to register about 18 lakh properties

(calculated on the basis of electricity connections in 1,797 illegal colonies) once the

regularisation notification is issued.



Link https://realty.economictimes.indiatimes.com/news/residential/delhi-government-to-set-up-camps-to-register-properties/71731724

The properties in unauthorised colonies initially changed hands on the basis of general power of

attorney (GPA). After the government banned registering GPAs, sources said people sealed

deals on stamp papers attested by notaries.

Sources, however, said that conferring ownership rights might not start until DDA delineated

the boundaries of each colony and finalises maps identifying the houses and public amenities

such as roads, parks and community facilities. This could take a couple of years.

Kejriwal cautioned that carrying out a fresh survey of colonies to define their boundaries would

take time. He proposed that the boundaries could initially be identified through geo-spatial

digital maps, which are ready.

“In our suggestion sent in July, we had said that the registration of properties should be started

on the on the basis of satellite maps prepared by Geospatial Delhi Limited (GSDL) to speed up

the process. The detailed maps could be prepared alongside,” the CM said.

He added that the roadmap for regularisation of colonies was based on a proposal sent by Delhi

government in November 2015. The Centre had sent a draft cabinet note in July, which the

AAP government resent within 4-5 days with 12 suggestions.

“We had proposed that the cut-off date for regularisation should be March 31, 2019 instead of

January 1, 2015. We had also proposed that all colonies falling beyond the Yamuna bund

should be regularised even if they were falling in O-zone. Another proposal was to leave out

only that part of a colony which was on forest land or in ASI-protected areas and regularise the

rest. We will have to see how many of our proposals have actually been accepted,” Kejriwal

said.

The government‟s suggestion for implementing the same parameters of regularisation on

affluent colonies was rejected by the Centre, the chief minister added.

The CM said that people used to stay in these colonies in very difficult conditions before AAP

came to power. “We have invested Rs 6,000 crore in the past five years in unauthorised

colonies, particularly on infrastructure for water, sewage, drainage and streets. It was a long

struggle for AAP and the residents for regularisation of unauthorised colonies. We are happy

that it is finally happening and we thank the Centre for that,” he added.

________________________________________________________________

Mumbai: SC clears completion of Palais Royale

The 294-metre (56-floor) tower has been jinxed for its promoter, the Vikas Kasliwal-run

Shree Ram Urban Infrastructure (SRUIL), and dozens of flat buyers who paid Rs 25-50

crore for each of the luxury apartments.

Almost a decade after allegations of building violations first surfaced, the Supreme Court on

Thursday cleared the completion of Palais Royale, touted as the country's tallest residential

building, at Worli Naka.

The SC overturned a Bombay HC order and dismissed the appeal filed by NGO Janhit Manch,

which had challenged the excess refuge areas granted to the skyscraper by BMC and a public

parking lot (PPL) building on the adjoining plot.

The 294-metre (56-floor) tower has been jinxed for its promoter, the Vikas Kasliwal-run Shree

Ram Urban Infrastructure (SRUIL), and dozens of flat buyers who paid Rs 25-50 crore for each

of the luxury apartments.

Earlier this year, Indiabulls auctioned the property after SRUIL failed to back loans amounting

to Rs 915 crore. A little-known company called Honest Shelters bought the tower for Rs 705

crore.

"We have examined the matter on merits, notwithstanding that we are not satisfied with the

bona fides of PIL, as the litigation has a chequered history and has several rounds," the SC said.

The apex court directed the BMC to take over the PPL and "proceed further to decide

concerning 13 floors (44th to 56th floors) of the residential building within one month from

today".

The commencement certification was of February 2005, and in 2008 development rules were

modified to allow work on the multi-storeyed parking lots abutting the roads.

On the parking area being constructed and handed over to the corporation, free of cost, private

owners would be entitled to an incentive FSI, not reserved for any public purpose. SRUIL had

applied for the construction of the PPL.

The plans were approved for the construction of three basements, a ground floor, and 15 upper

floors. The commencement certificate was up to the plinth level of the PPL, including three

basements. The SC noted that the PPL has been constructed entirely.

"Though the commencement certificate granted by the corporation is up to the plinth level,

including the basements, so far as commencement certificate for the upper floors of the PPL is

concerned, SRUIL has relied upon deemed permission," said the SC.



Link https://realty.economictimes.indiatimes.com/news/regulatory/mumbai-sc-clears-completion-of-palais-royale/71749435

________________________________________________________________

Ghaziabad: Over 2,000 buyers approach UP-RERA against Suncity

Hi-tech

Thousands of stressed buyers have knocked the doors of the RERA authority for seeking

refunds and cancellation.

Dreams and hopes of over 2,000 home buyers have been shattered as Raju Chadha-led Suncity

Hi-tech Infrastructure in Ghaziabad has failed to deliver houses even after a long delay.

Thousands of stressed buyers have knocked the doors of the RERA authority for seeking

refunds and cancellation. Sources said almost every customer has filed complaints against the

developer and the final decision from UPRERA is now awaited. Several attempts were made to

contact Raju Chadha, but he proved elusive.

In July this year, Raju Chadha received 36 per cent of assets including Suncity, Wave One and

the liquor in the demerger of the Wave group between him and Ponty Chadha's heir, Manpreet

Chadha.

The separation, it seems, has left the home buyers of Suncity stranded and scared for their

investments with thousands of customers unclear on builder's intention of completing and

delivering the project.

"No development is seen at the site. Since Suncity has not started any development in this area,

I am afraid that they do not have any intention of developing the plot and plan to dupe investors

of their money", said a homebuyer, Varuna Gupta.

Another investor, Anil Khadse said, "The project in which the plot was booked in 2013 is

nowhere near completion. Despite reminders, the developer is silent and not responding. The

developer is deliberately avoiding calls or reminders on plot status and is retaining the booked

amount without any reasons".

With this development, the Suncity project will be cut down by around 30 per cent affecting

thousands of homebuyers adversely.

Praveen Singh, a home buyer who booked the property in 2013 says, "The builder has failed to

property as per the agreement and there is no response from their side".

The builder was given the licence under the hi-tech township in 2004-05 but no development or

land acquiring process has started. Over these 14 years, the investors have suffered indefinitely

and are staring at an uncertain future along with the EMI burden.



Link https://realty.economictimes.indiatimes.com/news/residential/ghaziabad-over-2000-buyers-approach-up-rera-against-suncity-hi-tech/71749467

Visakhapatnam civic body receives nearly two lakh applications

under housing scheme

Beneficiary lists are currently on display at zonal and ward offices of the GVMC.

The Greater Visakhapatnam Municipal Corporation (GVMC) has received 2.93 lakh

applications under the housing scheme of the state government. Around 1.87 lakh applicants out

of 2.93 will be beneficiaries after the newly introduced multi-layered verification process is

complete.

Beneficiary lists are currently on display at zonal and ward offices of the GVMC. The civic

body will continue to receive fresh applications as well as objections and queries from the

rejected 1.06 lakh applicants till the end of the month.

Speaking to TOI, GVMC commissioner G Srijana said that a rigorous verification process was

followed to select beneficiaries.

“The multi-layered verification process used a set of predefined parameters to filter out

ineligible beneficiaries. The system even identifies if the applicant owns a pucca house or

possesses land in his/her name in other districts apart from other parameters. The urban

community development (UCD) wing of the GVMC covered about five lakh households in the

city to identify eligible beneficiaries for the housing scheme. But the rejected applicants can

submit fresh applications to the GVMC officials during the ward-level and zonal-level

meetings, which will be conducted till October 31, by correcting the discrepancies” said Srijana.

GVMC UCD project director Y Srinivasa Rao said even applicants who submitted a demand

draft (DD) or were declared an eligible beneficiary in the earlier survey conducted two years

ago have to submit a fresh application, along with a photocopy of the DD.

________________________________________________________________



Link https://realty.economictimes.indiatimes.com/news/residential/visakhapatnam-civic-body-receives-nearly-two-lakh-applications-under-housing-scheme/71740190

Ghaziabad: Commercial activity soon to be allowed in roadside

housing units

In 2001, the state government had introduced the Adarsh Zoning Regulation, under which

it had allowed commercial activities under mixed land use in certain areas while in others

it was not allowed.

Commercial activity could soon be allowed in all ground-floor housing units located by the

roadside across the city. A proposal to this effect has been sent to the state government for its

approval.

Currently, the Ghaziabad Development Authority (GDA) allows commercial activity only on

six streets, also called „Bazar Streets‟ — Hapur Road to Rail Road, Ghanta Ghar to Rail Road,

Turabnagar to Ramteram Road, Delhi Gate to Dasna, Ghanta Ghar to Sihani Gate and a street

near Old Bus Adda.

“An internal survey has revealed that commercial activity is going on in 90% of residential

areas that fall by the roadside. This is called „ribbon development‟. Though it is illegal, GDA

cannot do much about it given the sheer magnitude of such cases,” said Asheesh Shivpuri, chief

town planner, GDA.

“It was felt that it would be better to regulate „ribbon development‟ in a manner which would

help generate substantial revenues,” he added.

There will be preconditions under which such activity will be allowed. It will be mandatory for

the road width in front of the residential-cum-commercial units to be 80 feet or more.

“There has to be parking space in the front and only 30% of FAR of such units can be used for

commercial activities,” said Shivpuri. Beneficiaries will also have to pay „impacst fee‟, which

will be 25% of the existing circle rate of the area, he added. If the proposal is cleared, the six

„Bazar Streets‟ will come under its ambit too, said Shivpuri.

In 2001, the state government had introduced the Adarsh Zoning Regulation, under which it had

allowed commercial activities under mixed land use in certain areas while in others it was not

allowed.

“After 2008, „ribbon development‟ became more pronounced and many dwellers by the

roadside started commercial activity in one form or the other. Since it is happening all over the

city, a way needed to be found to regulate it,” said Shivpuri.



Link https://realty.economictimes.indiatimes.com/news/commercial/ghaziabad-

commercial-activity-soon-to-be-allowed-in-roadside-housing-units/71735578

________________________________________________________________

DDA to use satellite images to mark boundaries of unauthorised

colonies

“We have started receiving satellite images on which the boundaries will be marked and

expect the entire process to be completed in three months,” a DDA official said.

With the Union cabinet on Wednesday approving a proposal to grant ownership rights to

residents of unauthorised colonies in the city, the process will now begin with delineation of

boundaries of these colonies, which will be carried out by Delhi Development Authority.

“We have started receiving satellite images on which the boundaries will be marked and expect

the entire process to be completed in three months,” a DDA official said.

The official said the satellite images have been sourced by Survey of India from Indian Space

Research Organisation. “We also plan to carry out a drone survey of these colonies, though that

is not a precondition. Currently, our focus is on marking the boundaries on satellite images and

subsequently, carry out a drone survey,” he said.

The exercise to determine the boundaries has been going for almost a decade. During the earlier

Congress government, the urban development department had asked the residents‟ welfare

associations to submit the layout of the colonies that had applied for regularisation.



Link https://realty.economictimes.indiatimes.com/news/technology/dda-to-use-

satellite-images-to-mark-boundaries-of-unauthorised-colonies/71737928

The maps were to be cross-verified by Delhi government with the satellite images. The work,

however, could not be completed.

It was after the Supreme Court directed the Aam Aadmi Party government in 2017 to carry out

the survey in a time-bound manner and complete the process by September 2019, that the urban

development department swung into action and started the survey through the total station

machine method. The survey, however, failed to accurately demarcate the boundaries of these

colonies.

Delhi government then decided to use drones and even carried out a sample survey in a south

Delhi colony. It, however, hadn‟t taken it forward due to lack of domain knowledge.

________________________________________________________________

Madras HC directs tenants of corporation-owned shops to pay

revised rent

In his order on October 15, justice T Raja gave the tenants four weeks’ time to pay the

entire rent and advance without fail. The order copy reached the SMC on Wednesday.

The Madras high court has directed the tenants of shops owned by the Salem municipal

corporation (SMC) to pay the new revised rent and advance as fixed by the corporation.

In his order on October 15, justice T Raja gave the tenants four weeks‟ time to pay the entire

rent and advance without fail. The order copy reached the SMC on Wednesday.

The SMC was earning Rs 15.70 lakh per month by renting out its 520 shops in the city.

Meanwhile, the corporation passed a resolution on July 1, 2016, revising the rent and advance

amount. The corporation revised the rent nearly after two decades.

But the tenants refused to accept the revised rent and demanded the corporation to rollback its

decision.

As the corporation stuck to its revised rent, a few tenants moved the Madras high court

challenging the civic body‟s decision.

Talking to TOI, commissioner R Sadheesh said as per the Madras high court direction, the

corporation would get Rs 70.69 lakh as rent per month.

He said the high court has also directed the tenants to pay the dues as per new revised rent for

the last three years.

“They have to pay the rental dues for 36 months from August 2016,” he said, adding that the

corporation will get nearly Rs 25 crore from the dues.

“If anyone fails to pay the revised rent, the SMC has the liberty to proceed for holding fresh

pubic auction for the shop,” the commissioner said.

________________________________________________________________



Link https://realty.economictimes.indiatimes.com/news/retail/madras-hc-directs-

tenants-of-corporation-owned-shops-to-pay-revised-rent/71737717

Homebuyers submit proposal suggesting ways to improve UP-

RERA Act

Outlining the main priorities of the upcoming convention, UP-Rera member Balwinder

Kumar said on top of the agenda would be mobilising a stress fund for builders to set the

ball rolling for stuck projects.

Homebuyers in Gautam Budh Nagar have submitted an eight-point proposal suggesting ways to

improve the UP-Rera Act ahead of the real estate regulatory authority‟s first convention, to be

held in Lucknow on November 4.

“We have submitted eight suggestions for alteration of the Act. First, National Company Law

Tribunal (NCLT) should not interfere in the real estate sector. Second, UP-Rera should be

involved to complete stalled projects. It should have the expertise of architects, chartered

accountants and construction agencies and have the budget for the same. It should get more

teeth,” said Indrish Gupta, a representative of homebuyers and member of UP-Rera.

“Our aim should be completing stalled projects, not imposing penalty or issuing notices or

cancelling builders‟ registration. Suo motu action should be taken against misleading

advertisements by builders and fixed timelines must be created for redressal of all complaints

received by UP-Rera,” Gupta added.

Outlining the main priorities of the upcoming convention, UP-Rera member Balwinder Kumar

said on top of the agenda would be mobilising a stress fund for builders to set the ball rolling for

stuck projects. Secondly, said Kumar, the authority will consider ways to mobilise concessions

for builders to lighten their dues. Thirdly, it will work on a mechanism to help buyers get a

resolution of their complaints so they do not have to push for insolvency, he added.

“Either buyers or builders are pushing the delayed projects towards resolution by filing cases

with the NCLT. Once cases are in insolvency court, the process continues for a long time. We

want to prevent this. Creating a stress fund and concession to builders are also priorities,” said

Kumar.

________________________________________________________________



Link https://realty.economictimes.indiatimes.com/news/industry/homebuyers-submit-

proposal-suggesting-ways-to-improve-up-rera-act/71731784

CPWD directs officials to compile list of encroachers on

government land

The Central Public Works Department, the prime construction agency of the central

government, has asked officials to submit details by the end of this month.

Gearing up to deal with encroachers of central government land, the CPWD has directed its

officials to come up with a list of unauthorised occupants and the quantum of land grabbed by

them.

The Central Public Works Department, the prime construction agency of the central

government, has asked officials to submit details by the end of this month.

The move comes close on the heels of Union Housing and Urban Affairs ministry deciding to

hire a private agency to protect government land, bungalows and flats from encroachment

According to the official, once the list is prepared, a drive will be launched to free the CPWD

land from encroachment.

"All additional director generals and other top officers have been asked to gather details about

unauthorised occupants and quantum of land grabbed by them. Officials have been directed to

submit the same by October 31," official also said.

The CPWD also sought to know what action has been taken to free land from encroachment,

official added.

Earlier this month, the ministry had directed CPWD to deploy private security guards,

preferably ex-serviceman in Delhi.

As per the plan, the security agency will have to get their guards verified from the Delhi Police

before their deployment at vacant government bungalows, land and flats.

The agency, which will be hired for a year, will deploy two guards on a vacant property round-

the-clock.

The CPWD is the central government's largest construction agency and it carries out several

development and border projects. The agency also carries out projects in foreign countries

which have friendship programmes with India.



Link https://realty.economictimes.indiatimes.com/news/regulatory/cpwd-directs-

officials-to-compile-list-of-encroachers-on-government-land/71740962

Building violations fine may come down in Chandigarh

The administration has forwarded the proposal to the Union ministry of home affairs

(MHA) for approval.

The UT administration has linked misuse and violation charges of residential, commercial and

industrial properties with lowest collector rates in a minor relief for residents.

The administration has forwarded the proposal to the Union ministry of home affairs (MHA) for

approval.

Sources said the administration has finalised 0.75% of collector rate as misuse charges (per

square feet per month) and 0.50% of collector rate as violation charges (per square feet per

month). In both (misuse and violation) sections, the collector rate will be minimum in the

category-residential, commercial and industrial.

For example, if a trader has misused his property in Sector 17 and the collector rate of Sector 45

is lowest in the city, then the administration will calculate the penalty on the collector rate of

Sector 45 and not of Sector 17.



Link https://realty.economictimes.indiatimes.com/news/regulatory/building-

violations-fine-may-come-down-in-chandigarh/71735356

If sources are to be believed, the new formula has reduced misuse/violation charges. According

to it, the misuse and violation charges will be from Rs 40 to Rs 60 (per square feet per month)

in residential and commercial categories and Rs 160 to Rs 230 (per square feet per month) in

industrial category.

At the moment, the administration is charging a penalty ranging from Rs 225 per square feet per

month to Rs 355 per square feet per month for different types of properties.

The estate office had increased the penalties for misuse and violations of building bylaws in

2007 from Rs 10 to Rs 500 per sq feet per month for the area being misused by the occupier.

Later, the administration started sending notices under the new rules, which triggered panic

among property owners as the amount of penalties ran in crores in many cases.

Presently, there are around 3,000 cases of misuse and violations pending before competent

authorities in the administration.

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1025 octoct 2019 · crore for each of the luxury apartments. almost a decade after allegations of...

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