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Page 1: 28-Aug-2019 - Credai Bengalcredaibengal.in/wp-content/uploads/2019/08/28Aug19... · 8/28/2019  · possession plagued the Indian real estate industry because of which RERA came in,

28-Aug-2019

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CREDAI Bengal Daily News Update | 28.08.19

WEST BENGAL NEWS

Kolkata: Plant trees to get building plans sanctioned in New Town

“The authorities have already initiated the process of amending Rule 9 of the New Town

Kolkata (Building) Rules, 2009,” said an NKDA official.

To get your building plan sanctioned in New Town, you will soon have to plant at least one tree for

every cottah of your plot. The New Town Kolkata Development Authority(NKDA) has decided to

make it mandatory for owners of plots measuring more than 8 square metres (1.19 cottah).

“The authorities have already initiated the process of amending Rule 9 of the New Town Kolkata

(Building) Rules, 2009,” said an NKDA official.

The Kolkata Municipal Corporation (KMC) has recently come up with a decision that for plots

measuring over 500 square metres (7.47 cottah), the plot-holder has to reserve 10% of the total area

for developing greenery.

Explaning the reason behind the move, NKDA officials said that in most cases, trees on a plot of land

are cut off to make way for the building. “Our main objective is to protect the green cover as more

and more residential and commercial complexes are coming up in the township,” said an NKDA

official.

Newspaper/Online ET Realty (online)

Date August 27, 2019

Link https://realty.economictimes.indiatimes.com/news/industry/kolkata-plant-trees-to-get-building-plans-sanctioned-in-new-town/70856590

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“Suppose somebody owns a 4-cottah plot in New Town. Now, he will have to keep the provision of

planting four trees in the building plan,” said an official.

Welcoming the move, green activist Subhas Dutta said: “It needs to be specified as to what kind of

trees will be planted. Also, it should be ensured that the plot-holder or developer does not get the

completion certificate unless the trees are planted.”

__________________________________________________________________

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OTHER NEWS

GST registration cannot be denied to companies operating from co-

working spaces

In some instances, startups have been denied GST registration if they were operating from a

co-working space.

The Authority for Advance Rulings (AAR-GST), Kerala, has taken cognisance of the shift towards a

shared office space culture in its recent order.

In response to an application sought by a company that was providing co-working space in Kochi, it

held that a GST registration cannot be denied to those working from shared office spaces.

However, each co-working space should be demarcated with a different desk number.

In some instances, startups have been denied GST registration if they were operating from a co-

working space. The main ground for such denial by the registration authorities was that another

company has already been registered with the same address.

Advance rulings are binding only on the applicant and the tax officer in respect of that particular

transaction for which the ruling was sought. However, it has a persuasive value. Thus, the ruling will

strengthen the case of those operating from shared offices. “The advance ruling lays down the correct

principles. This ruling will be most helpful if followed consistently by all officials across India,” says

Sunil Gabhawalla, chartered accountant and indirect tax expert.

Typically, startups, in their initial stages, prefer to work from a co-working space. Not only does this

mean lower rentals as opposed to hiring an independent office, but co-working spaces also provide

various other facilities like high-speed internet, phone & fax numbers, air-conditioning,

housekeeping services, pantry with drinking water, administration support and meeting rooms for

clients.

A freelance graphic designer who was working from her residence in Mumbai moved to a co-

working space as she did not want her residential address to be made public — be it on invoices or

otherwise, under various GST norms.

Above all, co-working spaces provide a conducive atmosphere that facilitates sharing of knowledge

among entrepreneurs who are its members.

In this case, Spacelance Office Solutions sub-leased co-working spaces to its clients. It provided

them the needed infrastructure facilities. Each client was provided a distinct identifiable space, such

Newspaper/Online ET Realty (online)

Date August 27, 2019

Link https://realty.economictimes.indiatimes.com/news/industry/gst-registration-cannot-be-denied-to-companies-operating-from-co-working-spaces/70868001

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as tables and chairs.

The clients were engaged in the services sector and did not need to maintain any „stock‟. However,

financial records were maintained by them in electronic form.

The company sought an advance ruling on whether GST registration can be allowed for multiple

firms (which were in the services sector) and were operating from the same address, provided they

follow all GST rules relating to the principal place of business.

Affirming this, the AAR stated that when applying for GST registration, the startups should upload

the rental/lease or sub-lease agreements as proof of address of their principal place of business

(which is their respective desk number).

They could also upload a copy of the monthly utility bill towards electricity or water facilities availed

by them. The GST number assigned to each co-working space must be displayed at a prominent

location, it added.

“Some co-working spaces offer flexi-seating. They will have to change their model to ensure that a

dedicated desk or space is available to each client,” points out a real estate expert.

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We will penalise government in future: KK Khandelwal, Chairman, H-

RERA

"There are major defects in the act and it is letting-in some things. Provisions of the act must

be made clearer," said Khandelwal.

KK Khandelwal, chairman, Haryana RERA (H-RERA) on Tuesday said that they will look into

penalising government as well over alleged non-usage of External Development Charges (EDC) in

future.

Khandelwal was replying to queries raised by industry experts during CII Realty 2019 event held in

New Delhi.

He agreed that currently RERA is not a complete code to oversee the Indian real estate sector. "There

are major defects in the act and it is letting-in some things. Provisions of the act must be made

clearer," said Khandelwal.

According to him, currently the act caters to three stakeholders i.e. promoters, agents and allottees.

"Many stakeholders such as lenders, insurance agencies have been left outside the purview of the act.

These can be incorporated in future," said H-RERA chairman.

Overall, three major problems i.e. diversion of funds, change in original layout and delayed

possession plagued the Indian real estate industry because of which RERA came in, he said. "To a

major extent the first issue has been stopped while other issues are work in progress. The act has

succeeded to a great extent and is much wider in scope than the consumer protection act. It has

created trust among the home buyers," said Khandelwal.

Apart from this, because of variations in decision of state RERA authorities a lot of confusion

has been created which needs to be sorted out. "RERA's journey started in 2003, finally it came

into force in 2016. During this time many changes took place, confusions were created which

eventually were not tackled," said Khandelwal.

For instance, there is a lot of confusion on the implementation of delay penalty (if levied) on the

builder. "Now we have decided, the penalty clause will be applicable from the day the agreement

was signed," clarified H-RERA chairman.

In Gurugram, H-RERA is currently monitoring 2,45,000 units which are delayed, he said. Most of

the projects are suffering due to existing land-owner and promoter dispute. For instance, even if part

of FSI is sold to entity-A, land owner still has to get all certificates which is creating a lot of disputes.

Newspaper/Online ET Realty (online)

Date August 27, 2019

Link https://realty.economictimes.indiatimes.com/news/industry/we-will-penalise-government-in-future-kk-khandelwal-chairman-h-rera/70861968

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According to Khandelawal, Section 80 of the act is full of defect which needs to be sorted

out. Section 80- "Cognizance of Offences" of The Real Estate Regulation and Development Act,

2016 says:

(1) No court shall take cognizance of any offence punishable under this Act or the rules or

regulations made there under save on a complaint in writing made by the Authority or by any officer

of the Authority duly authorised by it for this purpose.

(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class

shall try any offence punishable under this Act.

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Uninterrupted water supply is the new selling point for Chennai

realtors

The initiatives are being taken up to make these complexes water-sustainable with Chennai

being prone to acute water crisis.

More borewells, greywater recycling plants and rejuvenation of existing wells to guarantee

uninterrupted supply of water have become selling points of upcoming small housing projects in the

city.

The initiatives are being taken up to make these complexes water-sustainable with Chennai being

prone to acute water crisis.

Greywater recycling plants are being introduced in projects with less than eight units in the southern

suburbs. Former president of Flat Promoters Association, Chennai South, R Thamil Selvan, said

developers handling such projects were attempting to set up the plants to ensure better water

management.

“A few are installing greywater plants although it is expensive for small projects. It is meant to

recycle wastewater from kitchens that can be used in toilet flushes,” he said.

Some developers are re-digging existing wells, making them deeper. T Josh, a developer who is

building four luxurious apartments at Porur, said the summer shortage has brought to the fore the

importance of wells.

“We have deepened the well by an additional 10 feet while a sump with a capacity to hold 1,000

litres has been created for storing water from the borewell,”he said.

With acute water scarcity hitting the city twice in three years, homebuyers have put uninterrupted

availability of water on a par with location, price and transportation facilities.

Several developers are giving prominence to water in their publicity material. On the ground, they

are building bigger sumps that can store more water. Builders Association of India said developers

have begun installing rainwater harvesting structures.

Besides these, small apartment complexes under construction will have more than one borewell to

provide uninterrupted water to its occupants, said S Ramaprabhu, southern centre chairman of the

builders association.

Newspaper/Online ET Realty (online)

Date August 27, 2019

Link https://realty.economictimes.indiatimes.com/news/industry/uninterrupted-water-supply-is-the-new-selling-point-for-chennai-realtors/70854799

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Indore: Buildings with borewell must install rainwater harvesting units

too

The proposal in line with Centre’s Jal Shakti Abhiyan has been submitted by IMC

commissioner Asheesh Singh for approval from mayor-in-council (MIC).

Taking mission rainwater harvesting forward, Indore Municipal Corporation (IMC) has now decided

to make it compulsory for buildings that already has borewell to install system for harvesting

rainwater.

The proposal in line with Centre‟s Jal Shakti Abhiyan has been submitted by IMC commissioner

Asheesh Singh for approval from mayor-in-council (MIC).

Singh while speaking to TOI said that a decision in this regard has been taken for encouraging people

to install the system in their building.

“We aim to make installation of rainwater harvesting system compulsory for property that has

borewell connections. Once approved from MIC, this proposal would be sent for approval from IMC

council and then from state government, after which it will be introduced in by-laws,” said Singh.

“This proposal would also have provision of penalty on property owners if they would fail to

comply,” he added.

There are around 55000 property having borewell connections. This includes around 6000 public

property. Officials said that making rainwater harvesting system compulsory for property with

borewell connections would be a part of Centre‟s Jal Shakti Abhiyan.

Civic body aims to install rainwater harvesting systems in over 50,000 property. This will include

10,000 public gardens and government buildings and 40,000 private property including both

residential and commercial buildings.

The IMC has already launched a campaign to encourage citizens install rainwater harvesting systems.

It has also started collecting online record of property, where owners have installed the system.

This record also includes geo-tagged images along with information about property‟s location and

owner. The civic body with help of citizens has been able to install rainwater harvesting system on

more than 1550 property within a week.

This includes 77 religious structures 37 educational institutions.

Newspaper/Online ET Realty (online)

Date August 27, 2019

Link https://realty.economictimes.indiatimes.com/news/industry/indore-buildings-with-borewell-must-install-rainwater-harvesting-units-too/70851286

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___________________________________________________________________

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Raj Nagar residents may move court against Ghaziabad civic body

over tax collection

Most of the societies have not been given completion certificates by the GDA, even as builders

have not completed work.

Residents of Raj Nagar Extension are planning to move Allahabad high court against

the house tax being collected by the Ghaziabad Municipal Corporation(GMC).

The Federation of Apartment Owners‟ Association (FAOA) in the township held a general meeting

on Sunday evening. Its president Gajendra Arya told TOI, “Till the time the civic body does not take

responsibility for the township‟s upkeep and developmental work, it amounts to cheating.”

The federation members cited several replies by the Ghaziabad Development Authority (GDA) and

the municipal corporation where the agencies denied carrying out any civic work on their own. They

said they had even met senior GDA and GMC officials but no concrete action had been taken.

Most of the societies have not been given completion certificates by the GDA, even as builders have

not completed work. However, residents have paid external development charges to the authority.

“We have asked questions from both the agencies, but haven‟t received any answers so far. We don‟t

even know the criteria used by the GMC to calculate house tax. If they don‟t come up with

satisfactory answers in the next 15 days, the federation will file a writ in the high court,” Arya added.

A delegation of FAOA had told the GMC commissioner last week that the agency should not collect

house taxes as it is not providing any facilities in the township.

GMC chief tax assessment officer Sanjeev Kumar Sinha had said Raj Nagar Extension falls under its

jurisdiction so it has the right to collect the tax from residents as they use facilities like roads, street

lighting and markets.

Virendra Indoliya, secretary (finance) of the federation, said, “For the past six years we have been

raising issues with both agencies, like solid waste management, construction of internal roads and

Ganga water supply, but no action has been taken. We will keep writing to various departments till

the time the problems are addressed.”

__________________________________________________________________

Newspaper/Online ET Realty (online)

Date August 27, 2019

Link https://realty.economictimes.indiatimes.com/news/residential/raj-nagar-residents-may-move-court-against-ghaziabad-civic-body-over-tax-collection/70851155

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Bhopal to construct 5,000 flats under area-based development initiative

soon

Nearly 2,000 housing flats have already been completed under the scheme.

Madhya Pradesh state capital Bhopal will soon come out with 5,000 more residential flats as a part of

area-based development (ADB) initiative under the Smart City program, a top official told

ETRealty.

Nearly 2,000 housing flats have already been completed under the scheme.

“Another 5,000 flats are being constructed in order to vacate government houses in the region under

area-based development scheme as a part of a phased program to develop Bhopal as a Smart

City,” Tarun Pithode, Bhopal‟s District Collector and Smart City Chairman said.

Pithode, a 2009-batch Indian Administrative Services (IAS) officer from the Madhya Pradesh cadre,

and previously worked with the Indian Railways.

The official added that several blocks are also being developed for commercial activities including

schools and gardens and the progress have been satisfactory so far.

The Bhopal Smart City chief also said that the local administration has plans to raise Rs 1,000 crore

to further accomplish the ongoing projects.

“We have floated our Expression of Interest (EOI) to raise money to further develop smart city-led

initiatives,” Pithode said and added that five financial institutions have shown interest to lend Rs

1,000 crore.

The private, as well as public sector lenders that have evinced interest in Bhopal city programs,

include Axis Bank, Punjab National Bank, Power Finance Corporation and the Housing and Urban

Develop Corporation (Hudco).

In the state capital, many roads and drainage systems are being developed, and planning is done in

such a way with a provision of common utility duct that no wire could be seen outside, as a part of

area-based development.

“Dedicated tracks for bicycle users are also being developed further, and apart from it, a smart city

relies upon on multi-level smart parking which we have already done at three locations and has also

approved it at two different sites,” Pithode said.

Bhopal, which is the second-cleanest city in the country has several garbage transfer stations, where

Newspaper/Online ET Realty (online)

Date August 27, 2019

Link https://realty.economictimes.indiatimes.com/news/residential/bhopal-to-construct-5000-flats-under-area-based-development-initiative-soon/70859454

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cleaning and segregating is already done by the local municipality, and it is being compressed and

transferred to a dumping location for making manure and generating electricity.

Pithode said that the one-time fee for e-bikes has been reduced from Rs 500 to Rs 50 for senior

citizens, women, and students, and the administration is constructing dedicated areas in parks for

making smart city inclusive.

The official plans to encourage digital payments in the commercial and housing complexes having

Wi-Fi hotspots under the area-based development project, a part of the broader smart city initiative.

“150 smart poles have already been installed while another 250 are expected to be completed by

year-end and will have Wi-Fi hotspots, charging points for electrical vehicles, weather sensors, street

lights, and signage,” the top official said.

India‟s central city is also deploying 200-kilometer-long optic-fibre cable (OFC) and has identified

22 squares to put up 240 smart cameras as a part of a surveillance system, for a safe city initiative.

“These cameras can be further used for safety purposes including crime control,” the official said and

added that the local police are also running a similar project, as a part of an integrated traffic

management system where using intelligent cameras, challans are being produced.

In addition, the city administration has an ambitious strategy to install cameras across the Bhopal Bus

Rapid Transit System or BRTS, to detect vehicles and people violating the traffic norms.

Bhopal has also created an incubation centre in the smart city office premise, and about 10

entrepreneurs, according to him, have come up with their innovative ideas, and have been doing

outstandingly well in the country.

Anurag Asati of Kabadiwala, Vibhu Tripathi of Vizbee Robotics and Vijay Mamtani of Prayogik

Technologies, are some of the Bhopal-origin innovators of national fame. Madhya Pradesh has close

to 125 registered tech startups, while Bhopal is considered as a supportive city for budding

entrepreneurs.

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South Delhi residents fight against rise in property tax, circle rates

For the residents, this means not only a 68% increase in property tax payable, but also a 300%

jump in circle rates, a damper for sale or purchase of property.

Residents of certain south Delhi areas are fighting the upgrading of their colonies by the Municipal

Valuation Committee IV.

The panel has classed Kailash Colony, Hauz Khas, Green Park Extension, Greater Kailash IV,

Defence Colony, Pamposh Enclave, Panchsheel Enclave, Anand Lok, Chirag Enclave, Gulmohar

Park and Safdarjung Enclave as A-category residentialcolonies rather than B.

For the residents, this means not only a 68% increase in property tax payable, but also a 300% jump

in circle rates, a damper for sale or purchase of property.

“The property market in many south Delhi areas will come to virtual standstill,” said Amit Gupta, the

lawyer representing residents of New Friends Colony in a case over circle rates.

Property transactions in this colony, categorised as A in 2007, have been hit after circles rates were

upped in 2011 and even today while the market rate is around Rs 4.5 lakh per sq yard, the circle rate

is higher at around Rs 5.4 lakh per sq.

“Many residents have been running from pillar to post for 6-8 years now for permission to sell their

properties at fair market value. They are unable to dispose of them due to the circle rate being much

higher than the actual value of the property.”

Gupta cautioned that this problem will be replicated in all the colonies newly put under the A

category. “The law allows the sale and purchase of properties below the circle rates, but the problem

is with authorities extracting tax on the deemed value of the property from both the seller and buyer,”

explained Gupta.

A case that he is dealing with involves a property with a sale value of Rs 15 crore, but the stamp duty

and deemed value taxation has led to an effective tax on this of Rs 11.5 crore, hiking the transaction

total to Rs 26.5 crore.

The affected south Delhi residents have a petition running on Change.org. It has gathered 1,092

signatures so far.

“If a colony is shifted from category B to A, the circle rate in that colony increases from Rs 2.4 lakh

per sq metre to 7.7 lakh. The impact of this rate being higher than the actual market rate is lost on no

Newspaper/Online ET Realty (online)

Date August 27, 2019

Link https://realty.economictimes.indiatimes.com/news/residential/south-delhi-residents-fight-against-rise-in-property-tax-circle-rates/70851098

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one,” said Vivek Agarwal, who started the petition.

Pankaj Agarwal, a member of Safdarjung Enclave RWA, argued similarly that the circle rate would

prove to have an adverse impact on their properties, which, he said, became evident after some

colonies were put in higher categories in the last revision.

___________________________________________________________________

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Bombay HC allows MMRDA to acquire JVPD plot for metro

A bench of Justices Akil Kureshi and S J Kathawalla said it “would thus be open for MMRDA

to proceed in accordance with law”.

The Bombay high court on Monday held that “larger public interest outweighs legitimate

expectations” of a housing society and directed that a government agency could proceed to legally

acquire an upmarket Juhu Vile Parle Development (JVPD) scheme plot for the Metro 2B rail route.

The HC held that a challenge by Gulmohar Society, in Juhu, against Mumbai Metropolitan Region

Development Authority (MMRDA) with plea for renewal of its March 2017 no-objection certificate

(NOC) for redevelopment “must be repelled”. A bench of Justices Akil Kureshi and S J Kathawalla

said it “would thus be open for MMRDA to proceed in accordance with law”.

The order was passed after attempts to give the society—which is on land leased to it by Mhada—an

alternative Mhada plot within JVPD scheme failed when MMRDA counsel G W Mattos said it

would pay only just over Rs 2 crore as the difference payable by the society to Mhada as difference

in premium.

The society‟s counsel, R A Dada, had argued that it had a legitimate expectation to be allowed to

proceed with the project, since it was earlier issued an NOC for the redevelopment of the properties

of about 44 members, only to later learn that MMRDA‟s Metro 2B plan literally cut the plot into two.

After HC asked MMRDA last March to consider the society‟s plea for NOC renewal, Mhada offered

the society alternative land for redevelopment.

Dada submitted that the alternative land would save MMRDA acquisition time and cost. Mhada

however asked a higher premium, which he said the society could neither afford to pay (Rs 56 crore),

nor should it have to since the shift of plot was due to Metro realignment. Dada said if MMRDA

went for acquisition, it may have to do so at a higher cost of Rs 94 crore, not to mention the time

involved.

The society had wanted MMRDA to bear all additional costs for the NOC, but MMRDA was ready

to bear only a small portion. Mattos said the authority could not be made to pay a higher premium for

the alternative plot, the value of which higher. He orally submitted that the builder may be asked to

pay higher premium because of additional buildable space that would be available and MMRDA

cannot be asked to pay for the benefits that would accrue to the builder. With talks having failed, the

HC passed orders on merits. The court would not hold legitimate expectations to override larger

public interest.

HC allowed society to challenge the realignment of Metro 2B when MMRDA initiates acquisition

process.

Newspaper/Online ET Realty (online)

Date August 27, 2019

Link https://realty.economictimes.indiatimes.com/news/infrastructure/bombay-hc-allows-mmrda-to-acquire-jvpd-plot-for-metro/70858038

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___________________________________________________________________

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North Delhi civic body orders inquiry into approval for 39-floor

highrise near DU

The mayor of North Delhi Municipal Corporation has ordered an inquiry into the approval

given earlier this month for building a 39-storey highrise next to Vishwavidyalaya metro

station, whose case is being heard in Supreme Court.

The mayor of North Delhi Municipal Corporation has ordered an inquiry into the approval given

earlier this month for building a 39-storey highrise next to Vishwavidyalaya metro station, whose

case is being heard in Supreme Court.

Avtar Singh, the mayor, told TOI, “I was informed through a letter about the approval given to the

building plan. I have ordered an inquiry and asked the officials to look into the matter. If anyone is

found guilty, strict action will be taken against them. We will ensure that the security of students is

not put at risk. If the construction has started, we will stop it.”

The chairperson of the standing committee, Jai Prakash, said, “We are examining how the building

plan was approved. This matter was not tabled in the standing committee.”

Delhi University has alleged that the private builder has started the construction. The varsity officials

have questioned the urgency of the corporation to approve the plan, pointing out that the project

would compromise the safety of students.

A corporation official confirmed that the plan was approved as the builders had followed all norms.

However, the university stressed on the fact that construction of the building violates Master Plan of

Delhi 2021. Most importantly, it compromises the privacy and safety of students.

“DDA‟s 2010 report clearly indicates that the sanctity and culture of the university will be badly

affected if the building is constructed. We demand an inquiry against the municipal officials,” said

deputy dean (works) Bipin Tewari.

The case against the highrise was filed in 2012. Earlier this year, DU had moved the apex court after

Delhi high court dismissed its petition challenging the transfer of public land to a private builder and

construction of the highrise.

“The land was acquired by the state government for the construction of the metro station. A part of it

was sold by Delhi Metro Rail Corporation to a private builder for Rs 218 crore to build a 39-storey

residential tower,” said a DU official.

The corporation had rejected the plan earlier too, following which the builder filed a writ petition in

Delhi high court in 2018. The petition was withdrawn by the builder in May this year.

Newspaper/Online ET Realty (online)

Date August 27, 2019

Link https://realty.economictimes.indiatimes.com/news/regulatory/north-delhi-civic-body-orders-inquiry-into-approval-for-39-floor-highrise-near-du/70855876

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NOC from village officer mandatory for building on assigned land:

Kerala HC

Justice A Muhamed Mustaque asked the government to amend the rules within two months

after noticing a government order issued by revenue department on August 22 this year.

The high court on Monday asked the state government to amend rules so as to make no objection

certificate (NOC) from village officer mandatory for issuing building permit for construction in

assigned lands.

Justice A Muhamed Mustaque asked the government to amend the rules within two months after

noticing a government order issued by revenue department on August 22 this year.

A copy of the order was produced before the court in the case filed by a Wayanad-based resort group

challenging denial of occupancy certificate for illegal construction.

Through the order, the government had said amendment to building rules is required and village

officer‟s certificate, attesting the purpose of land assignment, should be made mandatory for issuing

building permits so as to prevent use of assigned lands for commercial uses.

Revenue department‟s order had also stated that local self-government department should issue an

order within two weeks making it mandatory to obtain certificate from village officer, mentioning the

purpose of land assignment, to obtain building permit for construction in assigned lands

in Idukki district.

Through Monday‟s order, the court has asked the government to implement the clause regarding

requirement of village officer‟s certificate for construction in assigned lands within two months and

amendment of building rules necessitating village officer‟s certificate for constructions in Idukki

within two weeks.

As per the government order, Idukki district collector should submit a report to the government about

assigned lands that violate the assignment conditions that they must be used for housing or personal

cultivation. The collector‟s report should also include details about constructions in Idukki district,

including Vagamon, that are unauthorized or do not have NOC from revenue department as ordered

by the high court on January 21, 2010, the order said.

Existing constructions in assigned land of 15 cents that measure less than 1,500 square feet can be

regularized if the applicant or his dependents produce RDO‟s certificate that they do not own land

elsewhere, the government order stated.

In the case of illegal commercial constructions on assigned lands, the assignment can be cancelled

Newspaper/Online ET Realty (online)

Date August 27, 2019

Link https://realty.economictimes.indiatimes.com/news/regulatory/noc-from-village-officer-mandatory-for-building-on-assigned-land-kerala-hc-to-government/70856448

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and the land and buildings can be vested in the government and they can be leased out as per existing

rates and conditions, the government order said.

Enquiry of a five-member committee probing assignments issued when MI Raveendran was

additional tahasildar should be completed within three months, government had directed.

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Thiruvananthapuram corporation collects data on plots below three

cents

The city corporation has begun collection of data from those owners who own below three

cents to identify whether variation in setback happened due to widening of road.

A reprieve might be in store for at least some of the owners of 105 constructions along Karamana-

Pravachambalam stretch, which have been tagged as unauthorized for the past three years.

The city corporation has begun collection of data from those owners who own below three cents to

identify whether variation in setback happened due to widening of road. The collection of data began

following a meeting convened by LSG department recently.

“We are issuing notices to property owners, who own below three cents, to produce the old and new

sketches. A comparative study will be done to identify the variations due to change in road width. A

report is expected to be submitted by the end of this month. If we could find out that variation in

setback happened mainly due to widened road, they would be considered for relaxation. A final

decision in this regard will be made by the state government,” said an official.

The buildings, which include commercial and residential ones, were built by residents whose land

had been acquired for road widening as part of Karamana-Kaliyikkavila highway widening project.

Following road widening, some of the constructions were altered and others built new constructions

and in the process norms were found to have been violated.

Kerala Municipality Building Rules, 1999, include provisions for allowing relaxations to

constructions in plots, part of which have been surrendered free of cost for road development.

However, these provisions cannot be applied in this case as land was acquired for road development

by paying compensation fixed by district-level purchase committee.

In 2016, the civic body had served notices to the new constructions along the Karamana-

Pravachambalam stretch following a report filed by town planning (vigilance) deeming the

constructions as illegal.

The notices were served as per the decision arrived at during a meeting convened by the then LSG

secretary.

The town planning department had submitted a report to urban affairs ministry regarding

constructions which had violated Kerala Municipality Building Rules along the Karamana-

Newspaper/Online ET Realty (online)

Date August 27, 2019

Link https://realty.economictimes.indiatimes.com/news/regulatory/thiruvananthapuram-corporation-collects-data-on-plots-below-three-cents/70854859

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Pappanamcode Road.

The mandatory three-metre distance from the road, which has to be complied for every construction,

has not been maintained in many of the constructions. Going by law, the civic body had to press for

demolition since the constructions were marked as unauthorized.

Many shopkeepers and house owners found themselves in a fix following the move as authorized

documents could not be availed since they owned „unauthorized‟ shops/houses.

In the recent adalat convened by LSG minister A C Moideen, it was decided that a committee

comprising PWD chief engineer, officials of land acquisition, and officials with LSGD may be

constituted and take up the matter at the ministerial level.

In 2002, the civic body had gone through a similar issue due to development of the Karamana-

Killipalam stretch. The corporation had even issued notices to owners of certain buildings in 2002.

The engineering wing had found out that some of the owners constructed buildings without a permit.

As per law, completion certificate cannot be issued for constructions which do not go by the

conditions mentioned in building permit or if final construction has been altered at variance with

original plan.

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ASI team reviews new constructions at Jaisalmer's Kuldhara

Despite passing of three months, when ASI did not submit its report, HC bench comprising

Justice S Ravindra Bhatt and Justice Vineet Kumar Mathur on August 5 expressed their

annoyance during the hearing.

An eight-member team led by ASI joint director general on Monday reached Kuldhara and took

stock of illegal constructions. They visited each house that was demolished and clicked pictures.

While hearing a PIL filed by Sunil Paliwal and Manas Khatri on tampering with the basic structures

of ancient Kuldhara village in Jaisalmer and starting commercial activities, Rajasthan High Court‟s

Jodhpur bench on May 6 had asked ASI to form a committee and prepare a ground report of

Kuldhara and submit it within three months.

Despite passing of three months, when ASI did not submit its report, HC bench comprising Justice S

Ravindra Bhatt and Justice Vineet Kumar Mathur on August 5 expressed their annoyance during the

hearing.

Following this, a high-level team of ASI led by joint director general N Nambhirajan reached

Kuldhara on Monday and took stock of the situation.

During the visit, the team heard the objections of the Paliwal community that resides in Kuldhara and

the private company which had carried out the constructions.

Jaisalmer Vikas Samiti secretary Chandra Prakash Vyas informed the team about the situation.

Former district education officer Bhanwar Lal Paliwal on behalf of Paliwal community apprised the

team of tampering and new constructions at Kuldhara.

Petitioners Sunil Paliwal and Manas Khatri said that earlier houses were made using cow dung, but

now cement was being used. There used be a pathway for bullock carts but now tiles had been

installed.

___________________________________________________________________

Newspaper/Online ET Realty (online)

Date August 27, 2019

Link https://realty.economictimes.indiatimes.com/news/regulatory/asi-team-reviews-new-constructions-at-jaisalmers-kuldhara/70859987

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Gurugram: Properties of tax defaulters to be e-auctioned

The auction will take be conducted on September 7 on the civic agency’s website.

As many as 25 properties located in Uydog Vihar, Sector 35, Nirvana society, Sohna Road area and

several other parts of the city will be auctioned by MCG as the owners have failed to pay property

tax.

The auction will take be conducted on September 7 on the civic agency‟s website. The corporation is

likely to recover Rs 2.83 crore though the e-auction.

“The bidders are required to register their names with MCG on its e-auction portal. A non-refundable

amount of Rs 1,000 is required to be paid through online mode as annual registration fee. After the

registration, bidders are required to select their choice of properties. While applying, the bidder is

required to pay Earnest Money Deposit (EMD) and a processing fee of Rs 2,500 against each

property to participate in the auction. The fees will have to be paid online,” the order stated.

Under Section 130 of the Haryana Municipal Corporation Act, 1994, notices were issued to all

property owners who have not paid their taxes.

It is mandatory for every property owner to pay their taxes and clear all arrears.

According to the rule, 50% of the bid amount will have to be paid by the successful bidder within 24

hours in the designated bank‟s account of MCG, and the remaining within 15 days from the auction

date, failing which the money already paid will be forfeited.

No extension of time will be allowed for making payments.

Among 25 properties, the highest reserve price is Rs 50,89,425 for a commercial space located in

Harsaru.

The auction of these 25 properties has been announced after the owners failed to pay the property tax

dues despite receiving several notices issued by the MCG.

___________________________________________________________________

Newspaper/Online ET Realty (online)

Date August 27, 2019

Link https://realty.economictimes.indiatimes.com/news/regulatory/gurugram-properties-of-tax-defaulters-to-be-e-auctioned/70855288

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Chennai: Registration of land, apartments stuck along East Coast

Road

In the case of ECR, the NHAI has already earmarked the area for road expansion and has

issued notifications and newspaper advertisements too.

Registration of land and apartment complexes abutting national highways in some parts of the state,

especially along the East Coast Road (ECR) between Mamallapuram and Puducherry, is stuck owing

to a new condition that sellers have to obtain a no-objection certificate (NOC) from the National

Highways Authority of India (NHAI).

Though there is no written order from the inspector-general of registration in this regard so far, sub-

registrars have been refusing to register properties unless the seller concerned produces a certificate

from the NHAI.

The issue is linked to widening of the national highways in Tamil Nadu.

In the case of ECR, the NHAI has already earmarked the area for road expansion and has issued

notifications and newspaper advertisements too.

But the land acquisition wing of the state government has not yet completed the process of revenue

sub-division and provision of separate survey numbers for the land being acquired for the road

expansion.

As a result, acting on the NHAI‟s acquisition notification, the sub-registrar offices are not registering

survey numbers whose land area starts from the road.

Unable to sell an apartment at Poonjeri, the flat-owner said: “The buyer called and informed me a

few days ago that I have to obtain a NOC from the national highways department to register the sale

deed. When I inquired with the NHAI, I was asked to contact the office of DRO, land acquisition. I

fail to understand why the government should create such hurdles when these government agencies

can easily identify whether my apartment is coming under acquisition for road expansion. In fact, our

building has about 200 apartments and not even an inch of our building gets affected by the NHAI

expansion. Only a portion of land in front of our building is being acquired, as per markings done by

NHAI. Still, I am being forced to get a NOC from the national highways,” said the seller.

A revenue department official, when contacted by TOI, said: “We have almost completed the

subdivision process. It is yet to be approved by the special DRO in charge of land acquisition. We are

holding it just to be prepared if there is any last-minute change of alignment from NHAI”.

__________________________________________________________________________

Newspaper/Online ET Realty (online)

Date August 27, 2019

Link https://realty.economictimes.indiatimes.com/news/industry/chennai-registration-of-land-apartments-stuck-along-east-coast-road/70856295

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Bengaluru CBD fifth fastest growing Asian office market in Q2: Report

Indian office rents remained stable in Q2 as the market saw an influx of new supply in the first

half of 2019; 23 million sq ft, a 31% year-on-year growth, was supplied during the period.

Bangalore commercialproperty market has emerged as the 5th fastest growing market in Asia with

lease rentals witnessing over 9.4% rise in the second quarter of 2019.

Mumbai‟s Bandra-Kurla Complex(BKC) and New Delhi‟s Connaught Place were ranked 8th and

12th at the end of the quarter, showed the Knight Frank Prime Office Rental Index.

Indian office rents remained stable in Q2 as the market saw an influx of new supply in the first half

of 2019; 23 million sq ft, a 31% year-on-year growth, was supplied during the period.

The IT/ITeS sectors continue to absorb the lion‟s share of new space coming online, accounting for

35% of all transacted volumes in the first half of 2019, showed the index that tracks rental levels of

20 frontline cities across the Asia-pacific region.

It has started to show signs of indicating lower corporate spending and moves towards insourcing.

However, this weakness has been offset by strong demand from co-working operators; co-working

transaction volumes rose 42% year-on-year to 4 million sq ft in the first half of 2019.

“The office markets of India have withstood headwinds from global and national economic

conditions and depict an impressive growth story. The leasing volumes have grown consistently and

are at historic highs, which indicates a high level of confidence that the corporate world has in the

India story, especially from a long-term perspective ,” said Shishir Baijal, Chairman & Managing

Director, Knight Frank India.

Central Business District (CBD) of Bengaluru including MG Road, Residency Road, Cunningham

Road, Lavelle Road, Richmond Road and Infantry Road ranked 5th in terms of y-o-y growth at the

end of the quarter.

Among international cities, Melbourne saw the highest on-year rental growth at 16%. Tokyo with

12%, Bangkok with 10.4% and Singapore with 10.3% were the other prime office markets that saw

higher rental growth rates ahead of Bengaluru.

Bengaluru CBD saw the highest annual growth in rental values in India, with current rentals at Rs

125 per sq ft per month. Mumbai‟s BKC registered growth of 5% in the quarter and was recorded at

Rs 300 per sq ft a month. New Delhi‟s Connaught Place recorded a rental value of Rs 330 sq ft a

month also recorded an annual rise of 1.4% during the quarter.

Newspaper/Online ET Realty (online)

Date August 27, 2019

Link https://realty.economictimes.indiatimes.com/news/commercial/bengaluru-cbd-fifth-fastest-growing-asian-office-market-in-q2-report/70868041

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BMC to soon issue property tax bills in flat owners' name

The BMC has been issuing bills to flat owners for some societies for the past few years, but for

some societies, the bill is still issued in the name of the society which collects the tax from

owners and pays the total amount to the BMC.

The BMC will soon issue property tax bills in the name of individual flat owners. The civic body has

already started asking societies to provide details of occupants.

The BMC has been issuing bills to flat owners for some societies for the past few years, but for some

societies, the bill is still issued in the name of the society which collects the tax from owners and

pays the total amount to the BMC.

BMC officials stated they have issued notices to around 15,000 societies/buildings to provide details

of flat owners so that bills can be issued in individual names.

More societies will be issued similar notices soon. The officials stated the data will simplify the

process of collecting taxes and help identify those who have been exempted from paying property

taxes.

According to the new rule, the BMC has exempted flats up to 500 sq ft from paying property tax.

The BMC is waiting for clarity to know if such flat owners should be exempted from all taxes that

BMC collects along with the property tax or just one component of the bill.

___________________________________________________________________

Newspaper/Online ET Realty (online)

Date August 27, 2019

Link https://realty.economictimes.indiatimes.com/news/regulatory/bmc-to-soon-issue-property-tax-bills-in-flat-owners-name/70858506

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DHFL seeks board's approval to raise funds via share sale

The DHFL board is scheduled to hold meeting on Friday (August 30), in which the said

proposal is to be placed, the firm said in a regulatory filing.

Debt-ridden DHFL on Tuesday said it plans to raise funds through equity share sale or other means

as part of the debt resolution plan of the company.

The DHFL board is scheduled to hold meeting on Friday (August 30), in which the said proposal is

to be placed, the firm said in a regulatory filing.

"A meeting of the board of directors of the company is scheduled to be held on Friday, August 30,

2019, to consider and approve the proposal for issuance of equity shares and/or other securities of the

company including by way of preferential issue, pursuant to a conversion of debt to equity under the

proposed resolution plan," it said.

The fund mop-up can also be through any other permissible mode or a combination of

prospectus/placement document or letter of offer or any other permissible offer, it added.

Separately, DHFL also informed that it has defaulted to the tune of Rs 14.13 crore towards interest

payments on bonds issued by the company.

An interest payment default of Rs 9.42 crore occured on secured NCDs (5 years tenure) and of Rs

4.71 crore on 10 years NCDs, it said in an another regulatory filing.

The debt-laden housing finance company has been crippled with finances and has not been able to

meet its debt obligations over the past several months, leading to defaults.

DHFL has a debt pile-up nearing about Rs 90,000 crore on its books and it has resorted to various

means to raise funds, including selling of equity as well as exiting from many businesses where it

held significant stakeholding.

___________________________________________________________________

Newspaper/Online ET Realty (online)

Date August 28, 2019

Link https://realty.economictimes.indiatimes.com/news/allied-industries/dhfl-seeks-boards-approval-to-raise-funds-via-share-sale/70867966

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___________________________________________________________________

Newspaper/Online The Millennium Post

Date August 28, 2019