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Front 2020

CREDAI Bengal Daily News Update | 25.01.20

MahaRERA orders Persipina Developers to not charge for open

car parkings

The ruling came during the hearing of a complaint by homebuyer Mahesh Shah against

Sunny Vista Realtors and Persipina Developers, which is part of the Hiranandani Group.

The Maharashtra Real Estate Regulatory Authority (Maha-RERA) has ruled that open parking

spaces fall within the definition of common areas in the Real Estate (Regulation and

Development) Act, and hence developers cannot charge homebuyers for them.

The ruling came during the hearing of a complaint by homebuyer Mahesh Shah against Sunny

Vista Realtors and Persipina Developers, which is part of the Hiranandani

Group. MahaRERA member Bhalchandra Kapadnis directed Persipina to not charge any money

if the parking space is open, and charge Rs 4 lakh if it is covered.

According to the complaint, Shah had booked Flat 2803 in Granville-1 in Hiranandani Palace

Garden project in Panvel in 2010 by paying Rs 59.63 lakh, excluding parking charges,

maintenance charges and taxes. Sunny Vista, the developer, promised Shah possession in June

2013. However, the realtor, which had taken a loan from Punjab National Bank, could not repay

it, and the loan became a non-performing asset. The project was then taken over by Persipina in

2014 and was rechristened Hiranandani Fortune City, with Shah’s building registered as Argus

with MahaRERA with a May 2020 possession date.

Advocate Nilesh Gala, appearing for Shah, contended that Persipina did not execute the

agreement for sale after accepting more than 10 per cent and 20 per cent consideration as per

RERA and Maharashtra Ownership of Flats Act (MOFA). He said the developer had also charged

Rs 4 lakh for parking space, which was not saleable under RERA definition, and therefore Shah

should be exempted from the payment.

Advocate Gala also contended that when Shah booked the flat the carpet area promised was

153.47 square metres, or 1,652 square feet, but later it was changed to 101.77 square metres, or

1,095.45 square feet without their consent. He pointed out that changing the building plan without

written consent of the allottees contravened Section14 of RERA.

Advocate Ashwini Sankpal, appearing for Persipina, submitted that her client took over the

project in the auction in Debt Recovery Tribunal when PNB took action under the Securitisation

and Reconstruction of Financial Assets and Enforcement of Security Interest Act. This was done

after all the home buyers in the project urged the DRT to protect their interest.

Newspaper/Online ET Realty (online)

Date January 25, 2020

Link https://realty.economictimes.indiatimes.com/news/regulatory/maharera-orders-persipina-developers-to-not-charge-for-open-car-parkings/73601387

She argued that the DRT order does not protect the date of handing over the possession of flats

promised by Sunny Vista Realtors, and the change of developer was gazetted only in April 2016

after a formal approval by Special Economic Zone Authority. Her client had to denotify the land

as SEZ on the insistence of the allottees and get approval as an Integrated Township Project.

On the carpet area reduction, advocate Sankpal contended that the original allotment letter was

issued in 2010 and the carpet area was calculated as per MOFA provisions, which include open

and enclosed balconies in carpet area. When Persipina registered the project under RERA, the

area was recalculated as 1,095.45 sq ft of carpet area and 105.7 sq ft balcony, and denied that

there was any change.

Kapadnis held that there was no substance in the allegations of reduced carpet area, change in

approved layout plan. On the issue of date of possession, he ruled that since the original project

was stressed and Persipina incurred additional costs to revive it as an integrated township, he

would hold April 30, 2018, as the date of possession. On the issue of covered and open parking,

Kapadnis compared the definitions of common areas in MOFA and RERA and observed that the

entire land for the project, the staircases, lifts, staircase and lift lobbies, fire escapes, common

entrances and exits of buildings, common basements, terraces, parks, play areas, common storage

spaces and open parking areas fall within the definition of “common areas” under RERA and

hence cannot be charged by the developer.

He directed Persipina to hand over possession on or before May 29, 2020, pay interest at 10.2 per

cent on Rs 57.78 lakh from April 30, 2018, till Occupancy Certificate.

________________________________________________________________________________________________

Sebi cautions investors against dealing in PACL properties

The Securities and Exchange Board of India (Sebi) found Pearls Agrotech Corporation

(PACL) to have collected more than Rs 60,000 crore through illegal collective investment

schemes over a period of 18 years.

Cautioning investors over PACL's illegal money-pooling case, market regulator Sebi has advised

them against dealing with any property where the group and its promoters have interests.

The Securities and Exchange Board of India (Sebi) found Pearls Agrotech Corporation (PACL)

to have collected more than Rs 60,000 crore through illegal collective investment schemes over

a period of 18 years.

PACL had raised money from the public in the name of agriculture and real estate businesses.

The fresh advisory comes after the markets regulator received complaints or information that

certain entities are attempting to sell such properties.

"The public is therefore once again cautioned against buying/dealing with any properties wherein

PACL Ltd or any of its associates/subsidiaries have any interest/rights, directly or indirectly,"

Sebi said in a statement.

The investors have been, further, requested to rely only on the public notices and press release

published by the committee or Sebi which are available on the regulator's website.

Sebi said that only a panel headed by retired Justice R M Lodha, which was constituted in 2016,

is authorised to sell the properties of PACL, following which the panel initiated the process of

refunds for investors of PACL.

Till date over 3.81 lakh such investors, having claim amount up to Rs 5,000, have been paid.

However, certain applications could not be processed further on account of one or more errors.

In December 2015, Sebi had ordered attachment of all assets of PACL and its nine promoters and

directors for their failure to refund the money due to investors.

Sebi had asked PACL, as also its promoters and directors, to refund the money in an order dated

August 22, 2014. The defaulters were directed to wind up the schemes and refund money to the

investors within three months from the date of the order.

In a separate notice, the regulator said that all the grievances pertaining to properties of PACL

would be taken up by retired justice R S Virk.

Newspaper/Online ET Realty (online)

Date January 24, 2020

Link https://realty.economictimes.indiatimes.com/news/regulatory/sebi-cautions-investors-against-dealing-in-pacl-properties/73582122

The Supreme Court, on the recommendation of the Lodha Committee in November 2017, directed

that all the grievances or objections pertaining to properties of PACL would be taken up by Virk.

"All orders passed by R S Virk, Retired District Judge, are only recommendations and would

require affirmation by the Supreme Court," as per the regulator's notice.

________________________________________________________________________________________________

MIDC keen to levy & collect property tax in industrial areas under

civic limits

Currently, the MIDC is levying and collecting 50% of the property tax and the remaining

50% is given to the respective gram panchayats.

The Maharashtra Industrial Development Corporation (MIDC) is keen to levy and collect

property tax in industrial areas that falls under the jurisdiction of municipal corporations across

the state and has written to the state government, seeking its nod.

Currently, the MIDC is levying and collecting 50% of the property tax and the remaining 50% is

given to the respective gram panchayats. The MIDC had issued a circular in this regard in

December last year following a government resolution (GR) issued in September 2019.

The MIDC wants the same model to be replicated for industries located in the limits of municipal

corporations like Nashik Municipal Corporation (NMC). MIDC CEO P Anbalagan, who was in

Nashik on Wednesday, said at present such taxes are being levied and collected by the local civic

bodies in rural areas.

“We are against recovery of property tax from industries by the Nashik Municipal Corporation

(NMC). We want the property tax to be collected by the MIDC from industries in municipal

corporation limits too,” Anbalagan said, adding they have already sent a proposal to the state

government for approval.

Anbalagan was in the city for a meeting with industrial associations from five districts of Nashik

division. Two industrial estates of MIDC, Satpur and Ambad, are located in the limits of the

NMC.

The NMC collects the property tax from the industries in these two estates and in return provides

road and look after maintenance of streetlights. But the agency wants more funds to create and

maintain infrastructure in the industrial areas which could be garnered from collection of property

taxes.

During a meeting, NIMA presidents Shashikant Jadhav had said that most of the roads in Satpur

and Ambad MIDC areas have been handed over to the NMC for maintenance work. “Some roads

in these two industrial areas are yet to be handed over to the NMC. Hence, the civic body is not

developing these roads,” he said.

Anbalagan, however, refused handing over of roads to the NMC. “I am against handing over of

roads to the NMC. We may give an NOC to the NMC for developing the roads in both the

industrial estates,” he said.

Newspaper/Online ET Realty (online)

Date January 24, 2020

Link https://realty.economictimes.indiatimes.com/news/regulatory/midc-keen-to-levy-collect-property-tax-in-industrial-areas-under-civic-limits/73582267

New investment proposals in Nandurbar

Anbalagan on Wednesday said that two large industries have shown interests to invest around Rs

1,000 in Nandurbar. This will generate over 2,500 jobs. These industries are from textile and food

processing sectors.

“Apart from Nandurbar, three other industries are also making investment over Rs 1,000 crore in

Supa MIDC areas in Ahmednagar district. The land has already been given to these industries,”

he said.

________________________________________________________________________________________________

Lucknow development body to sell over 150 flats in Gomtinagar

Lucknow Development Authority (LDA) will sell 166 flats in six areas of Gomtinagar under

a ‘first come, first served’ scheme.

If an apartment in a prime location of Gomtinagar is your dream, it is time to start work towards

it.

Lucknow Development Authority (LDA) will sell 166 flats in six areas of Gomtinagar under a

‘first come, first served’ scheme. This is the last chance for citizens to get a flat in Gomtinagar as

the development authority will not construct any new housing project in the area due to lack of

space.

LDA chief engineer Indu Shekhar Singh said, “The registration process will begin from January

27. With no more space available in Gomtinagar for flats, we are planning to bring some housing

projects in Gomtinagar Extension.” All flats are in the middle income group (MIG) category.

Their cost will range between Rs 60 lakh and Rs 70 lakh.

These flats are in Vardaan Khand (32), Vastu Khand (21), Vijay Khand (56), Vikalp Khand (29),

Vinay Khand (18) and Vivek Khand (10).

Each flat has two bedrooms, a hall and kitchen (2BHK). According to LDA records, there were

around 2,000 flats in Gomtinagar. Of this, only 166 are vacant now.

While demand has always been high in Gomtinagar, about 4,000 LDA flats in areas like

Aishbagh, Jankipuram Extension, Kanpur Road, Sultanpur Road and Aashiana are lying vacant.

LDA is now looking to slash the prices of unsold flats by 50%.

________________________________________________________________________________________________

Newspaper/Online ET Realty (online)

Date January 24, 2020

Link https://realty.economictimes.indiatimes.com/news/residential/lucknow-development-body-to-sell-over-150-flats-in-gomtinagar/73582142

Over 1,000 buildings stand in way of road projects in Indore

Indore Municipal Corporation (IMC) has recently conducted a GIS survey and identified

1160 buildings in 48 colonies that will pose hurdles in development of five roads - MR-5,

MR-11, MR-3, MR-9 and RE-2.

Over 1000 residential and commercial structures are coming in way of road development projects

proposed under Indore Development Scheme (masterplan) 2021.

Indore Municipal Corporation (IMC) has recently conducted a GIS survey and identified 1160

buildings in 48 colonies that will pose hurdles in development of five roads - MR-5, MR-11, MR-

3, MR-9 and RE-2.

However, officials have not confirmed how many of these structures will be affected and said it

would be decided only after a physical survey.

IMC commissioner Asheesh Singh, “These structures have been identified on the basis of a GIS

survey and a physical verification of each one of these structures would be done. Once completed,

we will start issuing notices and remove constructions. Their owners will be provided with TDR

benefits.”

The proposed roads will be developed under town planning scheme. IMC will be able to impose

‘betterment charges’ on property located up to 500 meter with the roads after implementation of

the scheme.

“Betterment charges will be collected along with property tax on fixed annual instalments for

three years,” added Singh.

The civic body has also made provision for these projects in its annual budget, and officials are

in process to obtain Rs154 crore loan from Housing and Urban Development Corporation

(HUDCO) to develop the roads.

State government has also been given its nod for construction of four roads. However, approval

of MR-9 Road has been put on hold because of Indore Development Authority’s (IDA) scheme

– 171, which is coming in the way of this project.

________________________________________________________________________________________________

Newspaper/Online ET Realty (online)

Date January 24, 2020

Link https://realty.economictimes.indiatimes.com/news/infrastructure/over-1000-buildings-stand-in-way-of-road-projects-in-indore/73570791

Surat: Societies going green to get 25% extra funds

These societies get a monthly grant ranging from Rs 1,500 to Rs 3,500 from SMC depending

on the volume of waste produced and size of the colony.

Residential societies who drastically reduce waste generation will get additional financial

incentives.

Municipal commissioner Banchhanidhi Pani, while presented the draft budget for 2020-21 on

Thursday, announced that 971 societies who have been equipped with organic waste processors

will get 25% additional more grant from SMC if they reuse, reprocess and recycle the complete

waste. These societies should send out less than 5% of the total waste for processing.

These societies get a monthly grant ranging from Rs 1,500 to Rs 3,500 from SMC depending on

the volume of waste produced and size of the colony. Nearly 3.5 lakh citizens living in these

societies will be benefited by this if they take up efficient waste management apart from earning

from the manure that they produce.

In addition to this, all those societies who install common solar panels will get flat Rs 25,000

subsidy from the SMC. The city has nearly 80,000 residential societies.

Pani said both these provisions were made with an aim to make Surat a zero-waste city and

promote green energy.

The civic body is also aiming to reduce air pollution by encouraging more citizens to leave their

private vehicles and opt for public transport. For this purpose, Pani announced introduction of

Saral card that can be used throughout the year for unlimited travel. Students, women, senior

citizens and divyangs will get the card at discounted rates.

This card will be available for Rs 7,000 for commuters, but students and divyangs will be given

for Rs 4,000 while women and senior citizens will have to pay Rs 5,000 per year for unlimited

trips in city buses and BRTS buses.

FIRED UP AFTER FREQUENT BLAZES

The frequent devastating fires, which have claimed lives and destroyed property worth crores,

has forced the Surat Municipal Corporation (SMC) to double its spending on fire fighting

infrastructure.

Municipal Commissioner Banchhanidhi Pani proposed to increase the budgetary allocation from

Rs 16.72 crore last year to Rs 32.35 crore in 2020-21.

Newspaper/Online ET Realty (online)

Date January 24, 2020

Link https://realty.economictimes.indiatimes.com/news/residential/surat-societies-going-green-to-get-25-extra-funds/73570733

It has been proposed to increase the number of fire stations from 16 to 31 this year. South–west

zone and south zone will have four new fire stations each whereas east west and Varachha zones

will have two each. North zone will have one new fire station. This work at the cost of Rs 45.61

crore in under progress.

During the year, SMC will buy three new water tenders, two aerial ladder platforms 32 m and 22

m high, two more turntable ladders of 42 m and 68 m high and wireless and other electronics

items. All these will cost Rs 42.24 crore.

Vehicle tracking systems will also be set up in fire department vehicles while every fire station

will have a digital clock and CCTV camera and call recording system in fire control room. As

many as 612 fire volunteers have been recruited of whom 280 have been given two-days training

.

There is provision of setting up fire prevention wing and setting up online fire NOC issuance

facility. Provision has also been made for a training centre for fire staff and in the budget. A

workshop at the cost of Rs seven crore will also be built for fire department.

NEW LEVY ON PLASTIC MAKING UNITS

Plastic manufacturers will have to pay up Rs 9,000 per year to Surat Municipal Corporation

(SMC) beginning next financial year 2020 with municipal commissioner introducing a new levy

these units. Under the ongoing plastic-free Surat campaign, more than 2 million plastic bags have

been confiscated in last eight months and over 200 tonnes plastic waste was gathered in 10

months. There are nearly 140 units making different kinds of plastic in Surat city. SMC believes

that the new levy will compel units to stop producing banned plastic material

INDUSTRIES USING RECYCLED WATER TO GET 5% REBATE

Industrial units under SMC purview buying recycled water from the civic body and are members

of emission trading scheme will get five per cent rebate on re cycled water rates applicable to

them. The step has been taken to encourage industrial units to reduce the pollution.

________________________________________________________________________________________________

Maharashtra: Free legal assistance for distressed buyers from Feb

1

In the logjam between builders and homebuyers, the advocates of the Bar Association-run

Legal Aid Cell will assist those in need of help.

Lawyers registered with Maharashtra Real Estate Regulatory Authority (MahaRERA) have

decided to help homebuyers with free legal consultancy and representation before the tribunal

from February 1.

In the logjam between builders and homebuyers, the advocates of the Bar Association-run Legal

Aid Cell will assist those in need of help. The members conducted several workshops to raise

awareness about the RERA Act, 2016, and MahaRERA.

The Legal Aid Cell is a natural extension of a social cause, said the secretary of the Bar

Association, Anil D’Souza.

The free legal aid will help litigants, who cannot afford high lawyer fee as well as those who are

not conversant with legal procedures. The petitioner will only have to pay Rs5,000 as fees to

MahaRERA to file the complaint. This is in addition to the conciliation option already being

offered by MahaRERA as an alternate dispute redressal (ADR) mechanism to litigants. This

option is also cheaper as the buyer needs to pay just Rs1,000 as the fee.

The Bar Association is readying a list of 15-20 members, who will help assist consumers. The

list will either be put up on a separate website created by the association or on the MahaRERA

website.

While the first step would be to cover Mumbai, the remaining cities will be covered with the help

of the association members, stated D’Souza.

With the MahaRERA seeing the highest number of project registrations at 23,795, the number of

cases that have been disposed of is 7,000 as against the total 9,490 registered cases. D’Souza said

although self-representation by litigants is encouraged, some litigants are unable to present their

grievances in the right manner and format.

Members have noticed several anomalies in the case representation, like buyers not giving the

entire data and proper information upfront in their complaint.

This information includes the exact amount paid, dates of payment, specific details in the

registered agreement like date of possession and, importantly, if there is a grace period allowed

in the registered agreement.

Newspaper/Online ET Realty (online)

Date January 25, 2020

Link https://realty.economictimes.indiatimes.com/news/industry/maharashtra-free-legal-assistance-for-distressed-buyers-from-feb-1/73601489

Besides, there are other terms and conditions in the registered agreement, which the flat

purchasers have already agreed and signed upon. Such important details surface when the

presiding/adjudicating officer interrogates the parties concerned.

“All this leads to a huge time lag and exasperates the system,” D’Souza shared.

________________________________________________________________________________________________

GDA may hand over Raj Nagar Extension's upkeep to Ghaziabad

civic body

Officials said the Authority does not get any maintenance charges from the township as they

are either collected by the builder or the apartment owner association.

The Ghaziabad Development Authority (GDA) may soon hand over its responsibility for the

cleaning of roads and maintenance of drains in Raj Nagar Extension to the Ghaziabad Municipal

Corporation (GMC). According to officials, the Authority is facing difficulties in carrying out

civic work.

Officials said the Authority does not get any maintenance charges from the township as they are

either collected by the builder or the apartment owner association.

In contrast, they added, the GMC has been collecting house tax and property tax from the

township for a long time, but does not carry out any development work in the area.

GDA OSD Sanjay Kumar said, “There are two major roads and five interior roads. Besides, the

existing infrastructure of drains and water pipeline is capable to handle the population. The GMC

will have to only bear the operational charges, but that can be handled by the taxes being

collected.”

He added, “The GDA’s engineering wing is making a proposal and will take up the matter with

the corporation.”

Kumar said, under the new proposal, there is no mention of imposing any additional user charges

on residents for cleaning roads on residents. In 2018, when the GDA had come up with a plan to

get garbage lifted from roads and open spaces through a private contractor in Raj Nagar Extension

by collecting Rs 100 per flat per month, it was vehemently opposed by the residents’ bodies.

In the absence of a proper municipal waste management system, garbage dumping in vacant plots

by group-housing societies and markets has become a common feature in the area. Residents

blame both the GDA and the GMC for shunning their duties in Raj Nagar Extension where over

one lakh people live in more than 35 high-rise apartments. Gajendra Arya, president of Federation

of Apartment Owners’ Association (Rajnagar Extension), said: “The major question is whether

this plan will be successful or not. Both agencies should recognise their responsibilities and not

neglect the township. The move to handover the sanitation to the GMC will be welcomed by

residents.”

________________________________________________________________________________________________

Newspaper/Online ET Realty (online)

Date January 25, 2020

Link https://realty.economictimes.indiatimes.com/news/infrastructure/gda-may-hand-over-raj-nagar-extensions-upkeep-to-ghaziabad-civic-body/73570914