Powered by Blogger.

420 SQ FT HOME CONVERTED TO 8 ROOM HOUSE

GO GREEN BUILDINGS & HOMES

Tuesday, April 30, 2013

Lottery for Mhada flats M hada has announced its lottery for 1,259 flats.

 The carpet area of the flats ranges from 180 sq ft to 740 sq ft and the flats are priced between Rs 6 lakh to Rs 75 lakh. Applications can be downloaded from the Mhada website from 2pm on May 1 to 6pm on May 21. The draw is likely to take place on May 31. There are 584 flats for the high income group (monthly earning over Rs 40,000) in Dahisar, Kandivli, Powai and Gorai. With an area of 476 sq ft to 749 sq ft, the flats are priced between Rs 39 lakh and Rs 75 lakh. There are 220 flats for the economically weaker section, 95 for the low income group and 357 for the middle income group. EPFO's spl online drive or proper valuation of Employees Pension Fund, theEmployees Provident Fund Office (EPFO) has launched a special drive to collect members' data through the EPFO employer portal www.epfindia.com.

Read more...

Monday, April 29, 2013

HC declines to intervene in Worli case, cites petition in apex court Residents To Weigh Future Legal Course

 The Bombay High Court on Monday declined to intervene and grant interim relief from demolition to residents of the illegal upper floors of all buildings at the Campa Cola compound at Worli. 

    Rejecting their plea, the court said so long as the Supreme Court's order continues to operate, it should not interfere with the Brihanmumbai Municipal Corporation's (BMC) action under Section 488 of the Mumbai Municipal Corporation Act, more so when a review petition is pending before the apex court. It noted that there is no interim relief granted in the review petition. 
    A division bench of Justice Abhay Oka and Justice A R Joshi heard two petitions, one by residents who live above the fifth floor and another, by those who live up to the fifth floor. The SC had on February 27, 2013, upheld the BMC's notice under Section 351 (stop work) notice. 
    Advocates Rajendra Pai and Sandeep Aole argued on behalf of all residents facing demolition that the BMC is "going hammer and tongs'' to undertake the demolition even while their review petition is pending in the Supreme Court. "It is an enormous, gross work. Nowhere in Mumbai has demolition taken place of an occupied building,'' said Pai. The judges said the BMC notice has been confirmed by the Supreme Court. "What else is there to be done? Once the apex court says demolish, can anybody say he wants to continue to stay?" asked Justice Oka. 
    The judges said the residents could have gone to the Supreme Court with their grievances instead of approaching the HC. "You've adopted remedy of review, you go there. In the teeth of this direction, can we stop the demolition?" asked Justice Oka. Pai said residents moved the HC after flats above the fifth floor were issued notice under Section 488 (power to commissioner to enter premises) of the MMC Act on April 26, 2013 in which they were asked to vacate their premises by April 29, 2013. He said the SC order does not say demolition should be carried out hastily. 
    To a query, the judges were informed that demolition has not started. "Demolition of a 
building where a person is residing is against fundamental rights,'' said Pai, adding, "They must not take hasty decisions. Don't dis-house me like this. We appeal to the conscience of the court." Pai said time to exhaust legal remedy must be given. 
    The judges said they were not going to hear the petitioners on merit. They made extensive reference to the Supreme Court's order. They pointed out that the SC said it was not dealing with illiterate people but those who were fully aware that the upper floors were illegal. Al
so, the SC had expressed that the BMC will undertake the demolition at the earliest and that its officers/employees shall not put hurdles and obstacles in its way. 
    "We are contemplating the legal options available and should decide on the next course of action by Tuesday," said Aole, a partner in the law firm which handled the High Court case for the residents. 
    Counsel M P Rao, appearing for residents living up to the fifth floor, argued the BMC does not have technical ability and 
specialised knowledge to undertake demolition of only the occupied part of the structure. "They must make sure the demolition does not affect our flats,'' said Rao, adding the BMC must get a structural stability report. 
    BMC counsel S U Kamdar said it has appointed consultant Shashank Mehendale and Associates for the job. "The work will be carried out in a phased manner," said Kamdar. "While carrying out demolition, the BMC is bound to ensure safety of the structures held to be legal," the court said.
'ONLY SUPREME COURT CAN GRANT INTERIM RELIEF' 
HC declines to intervene as the review petition is pending in the SC 
The judges said they were not going to hear the petitioners on merit. Any interim relief or remedy available to the affected residents should be taken up in the pending SC review petition 
We are contemplating the legal options available and should decide on the next course of action by Tuesday 
Sandeep Aole | LAWYER FOR AFFECTED RESIDENTS



Affected residents plan a hunger strike on Thursday

Read more...

Thursday, April 25, 2013

FSI lowered as rental housing scheme fails

Mumbai: The government has lowered the floor space index (FSI) for a mass housing scheme being implemented in the Mumbai metropolitan region (MMR). Chief minister Prithviraj Chavan revised the policy as the rental housing scheme 

failed to take off. 
    Under the new model, FSI available for development has been lowered from four to three. Chavan took the decision based 
on the report of a high-level government panel, which had found that a higher FSI made the scheme unviable in certain pockets. 
    Interestingly, even builders had opposed a uniform FSI of four provided under the scheme. 
    Developers and MMRDA will share the FSI in the 2:1 ratio under the new model, senior officials said. 
    Acknowledging that the rental housing plan was flawed, the government altered the scheme's objective. Chavan has decided to replace the rental housing component with affordable houses. 
    In its report submitted earlier this year, the panel had cited practical difficulties in maintenance of rental houses. 
    The government also decided to increase the size of affordable housing units generated under the scheme from 160 sq ft to 320 sq ft. 
    The state government also decided to restrict the scheme to areas governed by civic bodies and special planning agencies like MMRDA. 
    With such a rider not existing in the earlier model, most developers usedFSI incentives to plan high-rise projects in far-flung areas. "The prime objective of the scheme was to decongest parts of Mumbai. Construction in farflung areas defeated the purpose," an official said. The rental housing scheme was former chief secretary Ratnakar Gaikwad's 'pet scheme'. 

State In A Bind 
he state is caught in a bind over the fate of 54-odd rental housing projects approved under the old regime. Sources said the 18 projects where construction was underway will continue. A senior state official said developers would be told to amend plans wherever possible. The ones in the planning stage are likely to be scrapped. TNN



Read more...

Only 16% of city’s salt pans can be developed: MMRDA

Mumbai: No more than 16% of Mumbai's 5,430 acres of salt pans—or about 880 acres—can be made available for future development, according to a report prepared by the Mumbai Metropolitan Region Development Authority (MMRDA) in 2010. 

    The findings of the report, which had not come into the public domain thus far, is bound to be a disappointment to builders and politicians eyeing the sprawling eco-sensitive tracts as potential real estate bonanza. The most comprehensive official assessment of the status of salt pans, the document was prepared by an eight-member team headed by the then MMRDA commissioner Ratnakar Gaikwad. 
    The report said around 3,766 acres (69%) of salt pans of the city's total 5,430 acres are "out of bounds". 

SALTED AWAY The city has about 5,430 acres of salt pan land 
2,302 acres fall under CRZ-I, which prohibits any form of construction 
Around 1,464 acres encroached upon or utilized 
30% or 1,633 acres can be made available for development. But of this, about 753 acres fall under CRZ-II, CRZ-III 
and no-development zone 
'Net land available for development' is 880 acres 
All salt pans under CRZ-I, can't be developed: Activist 
    An MMRDA report said around 3,766 acres (69%) of salt pans of the city's total 5,430 acres are "out of bounds". This is because 2,302 acres fall under coastal regulation zone (CRZ) I, which prohibits any form of construction. The remaining 1,464 acres of the 3,766 acres are off limits since they are already encroached upon or utilized. 
    The document provided a breakup of the area squandered in construction. 
    Nearly 390 acres of salt pans, it said, have been lost to large-scale encroachment by some of suburban Mumbai's landmark residential colonies such as "Garodia Nagar in Ghatkopar, Chheda Nagar in Chembur, Bangur Nagar in Goregaon and Star Builder Bhandup". A further 44 acres are encroached upon by slums, while 359 acres are either lost in litigation or have ownership disputes. Another 483 acres were acquired by the state government to build the 
Eastern Express Highway, a sewage plant and a cemetery. Finally, 187 acres were given to the central government to build various staff quarters. 
    Among the remnants of Mumbai's open spaces, the salt pans are viewed by some as possible development space. The state government wants the salt pans to rehabilitate slumdwellers, project-affected people or build affordable homes. Allegations abound, however, that hidden in the proposal to create public amenities is a plan to commercially exploit salt pans to build towers and malls. Environmentalists remind that the lands constitute Mumbai's last oxygen reservoir and should be left untouched. 
    The MMRDA report said that only 30% (1,633 acres) of 5,430 acres of salt pans can be made available for development. But of this, about 753 acres fall under CRZ-II, CRZIII and no-development zone. Hence, the "net land available for development" is 880 acres; the report suggested that this land be shared equally be
tween the state government and the Centre. 
    It also recommended that the big chunk falling under CRZ-I (2,302 acres) be given to the state government to plant trees and "other environmental upgradation measures." However, if CRZ-I rules are relaxed in the future, it added, the Centre should get the first right to choose and take back 50% of such developable land. 
    Debi Goenka of the NGO Conservation Action Trust stressed that all of Mumbai's salt pans fall under CRZ-I "since they are all located within the Low Tide Line and High Tide Line and are affected by tidal flows. There is no question of salt pans being graded as CRZ-II or CRZ-III." 
    The city's salt pans are spread over Ghatkopar, Chembur, Trombay, Mandale, Turbhe, Anik, Wadala, Kanjurmarg, Bhandup, Nahur and Mulund in the eastern suburbs, and Malvani, Dahisar, Mira-Bhayander and Virar in the western belt. Of the 31 salt works, seven are on lease and 24 have been given 
on licence for salt production. 
    The 2010 report said that salt pans in Malwani, Pahadi, Ghatkopar, Chembur and Dahisar have no development potential. Of the 863 acres in these five locations, 389 acres are encroached upon. 
    Over the past decade, builders linked with powerful state politicians are believed to have approached salt pan owners and urged them to cut deals. Political clout is something salt pan owners would welcome. Several are in litigation with the salt department over ownership titles. 
    In 2006, the Vilasrao Deshmukh government chalked up a plan to carve up salt pan lands between three parties—the Centre, the state government and developer. The lessee of the land was to be eased out through cash compensation. The developer would have been required to provide on-site and off-site infrastructure. In return, the developer would have received incentive FSI for commercial use. The plan was however put incold storage.




Read more...

Sunday, April 21, 2013

‘More than 40% plots reserved for affordable housing misused’ Study Highlights Devpt Plan Discrepancies In Malad Madhavi Rajadhyaksha TNN Mumbai: A mere 58% of plots reserved for public housing are actually utilized for affordable homes. Over two out of five plots earmarked for schools lie barren or encroached upon. Five out of eight plots reserved for welfare centres are misused. This is the sorry picture of the Malad-Malwani stretch in the P (North) ward drawn up by voluntary organization YUVA, which set out to study the implementation of Mumbai’s development plan (DP). Using the civic ward as a microcosm, the architects tracked actual construction on the ground vis-à-vis the 1991 DP and found glaring gaps between policy and implementation. At a time when the civic body is drawing up its latest DP (slotted to be ready by 2014), the architects recommend that the revision process should recognize the natural assets and landscape of the city, and formulate guidelines for their


Study Highlights Devpt Plan Discrepancies In Malad


Mumbai: A mere 58% of plots reserved for public housing are actually utilized for affordable homes. Over two out of five plots earmarked for schools lie barren or encroached upon. Five out of eight plots reserved for welfare centres are misused. 
    This is the sorry picture of the Malad-Malwani stretch in the P (North) ward drawn up by voluntary organization YUVA, which set out to study the implementation of Mumbai's development plan (DP). Using the civic ward as a microcosm, the architects tracked actual construction on the ground vis-à-vis the 1991 DP and found glaring gaps between policy and implementation. 
    At a time when the civic body is drawing up its latest DP (slotted to be ready by 2014), the architects recommend that the revision process should recognize the natural assets and landscape of the city, and formulate guidelines for their protection. "We have been recommending reducing the duration of the DP to five years (from 20 years) and developing a framework to monitor and modify the plan at regular intervals," said Aravind 
Unni, who has authored the report, Mumbai Development Plan - implementation and its biases. The report throws light on the extent of violations of the DP. For instance, the DP reserved around 37 acres for project-affected persons or what it categorizes as "housing for dishoused" in the Malad--Malwani stretch. But only 0.43 acres (or an abysmal 0.01%) of this has actually been developed. The lackadaisical implementation is reflected in other social sectors as well. In healthcare for instance, the report pertinently points out how hospitals and nursing homes are concentrated in south Mumbai, though the population has over the years moved towards the suburbs. It spells out that norms mandate one health centre for every 20,000 population. "Considering the population of P (North) ward (9,58,000), at least 48health posts are required. However, only four are maintained by the BMC and three let out under development control rules," the report stated. The lack of proper planning would have implications on progressive legislations like the Right To Education Act as well, pointed out the report, highlighting that only 63 of the 116 plots reserved for schools in the ward were developed, while 27 lay undeveloped and 26 were encroached upon. 
    Open spaces reserved on paper have also been swallowed in the guise of development. For instance, one in three plots reserved for recreation grounds in the Malad-Malwani belt are encroached upon, with prominent private clubs and malls standing on some. Only one out of the six reserved garden plots in the ward have been developed. "This analysis can become the first step towards claiming open spaces that the people of the city deserve," said Unni. 
    Earlier in the month, another analysis, Annual Survey of India's City-Systems, released by Janaagraha Centre for Citizenship had ranked Mumbai at 2.6 on a scale of 10 for its urban planning and design aspects, placing it sixth among 11 cities.



Read more...

Tuesday, April 16, 2013

Parties call Thane bandh to regularize illegal bldgs

CRIME STOREYS

Politicians Decide To Enforce Thursday Shutdown To Protest Demolition Of Illegal Structures & Highlight 'Social Cost'


    More than 70 people died and several others were injured as an illegal Mumbra building suddenly caved in last month, but all political parties in Thane have together imposed a dawn-to-dusk bandh on Thursday to protest the civic administration's demolition of illegal and dilapidated structures. 
    Chiding the state government for "delayed response" on the sensitive issue of illegal buildings, Thane MLAs Eknath Shinde, Rajan Vichare and Pratap Sarnaik (all Shiv Sena) and Jitendra Awhad (NCP) along with local functionaries of Congress, MNS and RPI on Tuesday protested the crackdown on illegal buildings. "Our demand is to regularize all illegal buildings 

and rehabilitate those evacuated from their homes. In future, those responsible for illegal buildings should be dealt with MCOCAtype laws," Awhad said on Tuesday. 
    Sharing the dais with Awhad, his arch political rival, Sena leader Shinde said, "We 
do not favour illegal constructions. However, if 10 lakh innocent people are to be rendered homeless by the demolitions we will not be mute spectators. Our bandh is merely to lend moral support to these people and draw the attention of the government to the social cost of demolitions." 
    "The building collapse and death of 74 people has been turned into an opportunity by these leaders to pressurize the government for higher FSI in Thane and Mumbra. They have been at each other's throats trying to unseat the mayor and standing committee chairperson. The solidarity on illegal buildings is missing when it comes to development and welfare of law-abiding citizens," said Nitin Deshpande, an activist. 
Most Bhiwandi godowns illegal, state govt admits he state government on Tuesday admitted many unauthorized godowns have been constructed in Bhiwandi and assured action against their owners. "Most godowns in Bhiwandi are illegal. The government has issued MRTP notices to the owners," minister of state for urban development, Bhaskar Jadhav said. The issue was raised during a calling attention motion by Vinod Tawde, leader of the Opposition in the legislative council. "If the government is aware of illegal constructions then why is it not filling an FIR against the owners?" Tawde said. "Now MMRDA has been appointed special planning authority and it will take action on illegal godowns," Jadhav said. | TNN

The Thane civic body is demolishing several illegal structures and issued notices to others

Read more...

Friday, April 12, 2013

BMC to survey, bring down illegal constructions in city


Mumbai:Close on the heels of the Mumbra building collapse, the Brihanmumbai Municipal Corporation (BMC) has decided to survey all constructions built without necessary permissions in order to demolish all illegal structures in the city. 
    Municipal commissioner Sitaram Kunte said, "We have decided to survey all the dilapidated and illegal buildings in the city for demolition. The survey will be conducted by a team formed under additional 
municipal commissioner Mohan Adtani and the report will be ready within a week." 
    Earlier this month, a unauthorized seven-storey building collapsed in Mum
bra, killing 74 people. 
    "Once the report is ready, action will be taken against illegal structures even if they are occupied," Kunte said. According to the data available 
with the BMC, in the last 15 months, from January 2012 to March 2013, the civic body received 21,011 complaints about unauthorized constructions in the city. Of them, 15,278 were attended and 5,733 are still pending. 
    The civic standing committee on Wednesday rejected BMC's proposed policy against illegal constructions citing several loopholes in it, to which Kunte said that the draft that was tabled was a temporary one and the final policy will be prepared taking into account every aspect.



Read more...

Tuesday, April 9, 2013

Property rates nosedive in Navi Mumbai CM’s Statement On Airport Delay Spurs Price Correction

 Investors, politicians, builders and land traders who speculated on property and drove up rates in Navi Mumbai are in a bind because hopes are fast receding of the new airport coming up anytime soon. A major shake-up in the Navi Mumbai property market appears to have already commenced after chief minister Prithviraj Chavan announced that the government was in no position to fix a timeline for start of construction work. 

    A local source told TOI of a price correction that is based merely on the CM's statement. "A builder in Ulwe (behind Seawoods) suddenly dropped the rate for his land from Rs 60,000 a square metre to Rs 45,000 in the past two days," said the source. "Earlier, buyers were queuing up for this land. Suddenly, the tables have been turned. They are expecting a further downward correction despite the builder reducing the rate to Rs 45,000." 
    Ulwe is considered a hot prop
erty destination because the planned Nhava-Sewri road-link is also expected to touch there. However, work on both the international airport and the link are not expected to start anytime soon. 
    Last week, TOI reported that Cidco, the nodal agency for the project, is yet to acquire 475 hectares of private land for the airport, which is to be spread over 2,072 hectares. Of the 475 hectares, about 291 are required for aeronautical purposes. The CM told the state assembly that work on the airport cannot start without completion of land acquisition. 
    "Speculators are nervous. Many politicians, and builders fronting for them, bought large chunks of land in Navi Mumbai hoping the returns would be astronomical once the airport came up," said a local developer. But with national elections barely a year away, these political heavy
weights may be forced to sell their holdings at cheaper rates to raise cash to fight the polls. 
    A source in the Navi Mumbai branch of Maharashtra Chamber of Housing Industry (MCHI) said, "It's a setback for several developers. On Palm Beach Road, builders quoted Rs 18,000 to 22,000 a square foot (super-built-up) for flats and said that the price would double when the airport came up. Today, there are no buyers." 
    Cidco tenders for commercial plots in Khargar reached up to Rs 1.25 lakh to Rs 1.41 lakh a square metre. These plots were barely half-an-acre to one acre in size. Tenders for residential plots (halfan-acre each) fetched bids of over Rs 2 lakh a sq m a year ago. 

    A successful bidder for a residential plot failed to pay Cidco because the price he quoted was too high and few clients showed interest in his project. "Such high rates in a super-slow market were mainly in anticipation of the new airport," said the official. Land prices in Dronagiri touched Rs 35,000 to Rs 45,000 a sq m, although it has virtually no infrastructure. 
    Market sources said developers and hoteliers were eyeing investment in Navi Mumbai. Arvind Goel, president of MCHI, Navi Mumbai, said almost a dozen five-star hotels have come up in the region and another five to six are expected. "People feel cheated, especially those who bought apartments here," he said.



Read more...

Sunday, April 7, 2013

‘Affordable housing for masses is the only solution to illegal construction’

CRIME STOREYS

Shortage Of Homes Has Led To Proliferation Of Fly-By-Night Contractors-Turned-Builders


    The arrest of those responsible for the coming up of the illegal building that collapsed in Mumbra's Shilphata area on Thursday night might instil fear in others involved in the region's illegal housing business, but development experts and politicians say the effect will be short-lived if the state government failed to take policy initiatives to increase affordable housing stock. 
    "No person likes to live in an illegal home, putting his and his family's lives at risk. If there is adequate and affordable housing stock in the area, it will be the first preference of families who live in illegal buildings under the shadow of fear," said MLA from Mumbra-Kalwa Jitendra Awhad. "The state government's policy inertia in the housing and urban development sector has resulted in the mushrooming of illegal constructions all across Thane." 

    The housing sector's demand-supply crisis has given rise to untrustworthy builders, who exploit the common man. With real estate prices in Mumbai touching the sky, the working class has had to shift to places like Thane, Kalyan-Dombivli and Bhiwandi. But even here there is a lack of adequate housing, forcing people with severely limited means to move into dingy rooms in illegal buildings. 
    A senior town planning official of the Thane municipality said that while the Maharashtra Housing & Area Development Authority has failed to cater to the rising demand for homes in the region, the performance of the Mumbai Metropolitan Region Development Authority is equally dismal. "MMRDA is the planning agency for rental housing and also a designated special planning authority for 51 villages on the outskirts of Bhiwandi and another 27 in the Kalyan and Ambernath talukas of Thane. It's been close to five years since the MMRDA finalized a draft development 
control plan for the area to regulate development activities and create housing stock. But the plan has not been unveiled," the official said. 
    He said the monumental 
tragedy in Mumbra that resulted in the death of 74 people could have been averted had the state machinery moved swiftly and taken steps to create apartments at an affordable price in the outskirts of the city in areas like Shilphata and Bhiwandi. 
    He said former MMRDA commissioner Ratnakar Gaikwad had initiated a rental 
housing policy in Thane and builders were given an FSI of four in return for free housing stock to the government. "The plan was to give away homes on rent to the huge number of migrants who come here in search of opportunities. The builders have exploited the FSI, but it is a mystery as to how many tenements have been given on rent." 
BETTER LATE THAN NEVER 

TOLL DEAD 
74 
CHILDREN 
29 
WOMEN 
19 
MEN 
26 
INJURED 
62 
ARRESTED 
    BUILDERS | Abdul Salim Aziz Siddiqui aka Salim Shaikh, Jamil Ahmed Jalaluddin Shaikh aka Jamil Qureshi 
    DEPUTY MUNICIPAL COMMISSIONER, THANE | Deepak Sharad Chavan, suspended 

ASSISTANT MUNICIPAL COMMISSIONER, THANE | Babasaheb Sakharam Andhale 
SENIOR CLERK, THANE MUNICIPALITY | Kisan Bhaskar Madke 

NCP CORPORATOR, SHILPHATA | Hira Sitaram Patil 
BUILDING MATERIAL SUPPLIER | Afroz Alam Ansari CONSTABLE, DAIGHAR POLICE STATION | Jehangir Umarali Sayyad BROKER | Sayyad Jabbar Razzak Patel 
Times View: Continue crackdown 
    
The government crackdown should not be a knee-jerk response to a man-made disaster. The building that collapsed was only one among an estimated 5 lakh illegal buildings in the district. Justice demands that the government sustain the drive to include other buildings constructed illegally and not lose its new-found zeal.
CHARGES 
Section 304, IPC | 
Culpable homicide not amounting to murder PUNISHMENT | Life imprisonment or 10 years' imprisonment and fine 
Section 336 | Act endangering life or personal safety of others 
PUNISHMENT | 
Three months' imprisonment or fine up to 250 or both 
Section 337 | Causing hurt by act endangering life or personal safety of others PUNISHMENT | Six months' imprisonment or fine up to 500 or both 
Section 338 | Causing grievous hurt by act endangering life or personal safety of others PUNISHMENT | Two years' imprisonment or fine of 1,000 or both 
Section 308 | Attempt to commit culpable 
homicide PUNISHMENT | Three years' imprisonment or fine or both. If hurt is caused, seven years' imprisonment or fine or both 
    Section 120 (b) | 
    
Criminal 
    conspiracy 
    PUNISHMENT | 
    
Life 
    imprisonment or 
    rigorous imprisonment of two years or upwards 
Section 34 | Criminal act done by several persons in furtherance of common intention 
Section 13 (1) (d), Prevention of Corruption Act | Criminal misconduct by a public servant whereby he obtains valuable things, cash without public interest PUNISHMENT | Oneseven years' imprisonment

An illegal building near the one that collapsed being demolished in Mumbra on Sunday night







Read more...

Friday, April 5, 2013

90% Mumbra buildings illegal or irregular: CM

Mumbai: Chief minister Prithviraj Chavan claimed that nine out of 10 buildings in Thane's Mumbra region were either illegal or irregular and hinted at plans to regularize most of them, on Friday. 

    The chief minister also announced the suspension of deputy municipal commissioner Deepak Chavan for dereliction of duty and K P Naik, senior inspector of Daighar police station, for allegedly colluding with builders of the ill-fated apartment. 
    A case has been registered under Sections 304, 336, 337 and 338 of the Indian Penal Code against developers Jamir Qureshi and Salim Shaikh, he said. The next of kin of the deceased will be given Rs2 lakh each from the chief minister's relief fund, while the injured will be given Rs 50,000 each. 
    The CM said, during a discussion on the Thane building collapse in the upper house, that the government planned to compound or club those that that are illegal but structurally sound. Such buildings could have the option for redevelopment under 33(5) of the development control regulation, which will soon be 
applicable throughout the Mumbai metropolitan region (MMR). The regulation is applicable to only Mhada land in Mumbai. These buildings will also be covered under the cluster redevelopment scheme, which will also be applied throughout MMR. Common DC rules for MMR will soon be brought out, Chavan said. 
    He said that a separate brownfield town planning scheme was being worked out for buildings that are illegal and 

dangerous. He, however, said various committees appointed by the government had opposed giving such buildings incentive FSI for redevelopment. 
    He said there are over 1,100 such buildings in Thane alone and added that they also exist in other urban and semi-urban areas in the state. 
    Suggesting that the illegal construction business was related to the supply-demand gap for affordable houses, Chavan said the government was trying to bridge it. He said the crash will be probed by a top official.

Read more...

Thursday, April 4, 2013

Illegal parts of Bandra tower razed No Arrests Yet In Missing File Case

Mumbai: The BMC has begun demolishing the illegal construction in a 14-storey tower in Bandra (West) after the developer was found to have violated several norms. 

    Civic staff on Thursday razed an over 1,500-sq-ft flat on the 12th floor of L'amour and a portion of another flat on the 13th floor. Officials said the demolition of all illegal portions will take two more days. 
    Located on 15th Road in Bandra (West), the building is in the news not just for violations of rules. The file that could have shed more light on the illegalities was found missing from the BMC's building proposal department, prompting the civic body to lodge an FIR with the Bandra police. 
    TOI had written about the file and the FIR in its April 1 edition. The police said preliminary investigations point at insider involvement in the document's disappearance. 
    According to officials, in breach of rules, the developer 
converted the refuge area on the 12th floor into an apartment. The flats on the tower's 13th and 14th floors are also illegal. The municipal corporation initiated the process of serving notices on the builder around a year ago. It first surveyed the tower for illegal construction, then demanded relevant papers, and finally gave the party several hearings. 
    "The process took a year. After finishing it, we initiated the demolition of the unauthorized portions," said Prashant Sakpale, assistant municipal commissioner, H-West ward. 

    The building, officials explained, was erected after it received relevant permissions; the occupation certificate was provided to it in 2009. Two storeys in it were however allegedly "illegal"; officials suspect collusion between the developer and the local civic staff. 
    The Bandra police, which are probing the complaint of the missing file, are yet to make any arrests in the case. Officers are mulling if sections under the Indian Penal Code can be added to the already invoked section 9 of the Maharashtra Public Records Act.


Read more...

Wednesday, April 3, 2013

Worli bldg gets BMC notice for illegal construction

Mumbai: The civic body has issued a notice to a Worli building housing MLAs and MPs for unauthorized works and irregularities in the structure. 

    Shubhada Co-operative Housing Society (CHS) on Pochkhanawala Road was allotted police land for the construction of private residential quarters for MPs and MLAs. It has five wings (A to E). 
    Acting on a complaint, civic officials inspected the premises and found that unauthorized construction and alterations had been carried out on the ground and the first floors of D and E wings. 
    On the ground floor, permission was given to construct 14 convenience shops such as grocery stores. Permission was also given to construct a basement for parking and storage. However,the user mode on the ground floor has been changed from convenience shops to office, showroom, and a gymnasium. The first floor now houses a polyclinic and offices. These changes in user 
mode have been carried out without permission from the BMC, states the notice. 
    Though the BMC served the notice (TOI has a copy) on January 28, the society is yet to take cognizance. 
    "After the building received initial permission to construct 

convenience shops, certain people in the society violated the law. They illegally merged the shops and connected them with the basement," alleged advocate Abha Singh. 
    One of the galas on the ground floor of the society also houses the office of a promi
nent politician. 
    "As merger of shops is not permitted under the law, a notice was served by the BMC to right the wrong. The building itself is in coastal regulation zone (CRZ). Construction in CRZ is a criminal offence under the Environment Protection Act, 1986. Why is the BMC going soft on the housing society and not acting on its notice when Section 53 of the Maharashtra Regional Town Planning Act says it's a cognizable offence," asked Singh. "I will soon approach the environment department for action under the Environment Protection Act." 
    When TOI contacted an official of the building proposals department who had served the notice and asked him about the delay in action, he said, "Our team will inspect the site again to see if the society has brought it back to the originally approved plan. If not, it will be prosecuted." 
    When TOI visited Shubhada CHS, the office of the secretary was closed and he couldn't be contacted.

Shubhada Co-operative Housing Society houses MLAs & MPs

Read more...

Builders can’t sell flat’s parking space separately

Mumbai: In a significant order, a consumer forum has ruled that a parking space that comes with a flat cannot be sold by the builder to a party that has not purchased the flat. The forum on Monday, directed Royal Palms (India) Pvt Ltd to pay a Juhubased couple Rs 5 lakh as compensation for not handing over a parking space along 

with the flat the couple had purchased in a Goregaon complex in 2006. 
    "Handing over possession of the parking space along with the flat is binding on the developer," said the Mumbai Suburban District Consumer Disputes Redressal Forum. 
    In the judgment, the forum pointed out to Section 36 of the Development Control Regulations, which states that for a four-wheeler the 
minimum size of a parking space should be 2.5m-by-5.5m. The regulations also have a chart that specifies the parking spaces to be allotted to flats according to their size and number. 
    "This proves that a parking space is a part of the flat and not a separate subject from the flat," the forum said. It added that just by handing over possession of the flat a developer cannot say an agreement has been completed. 

ROOM & VROOM The consumer forum says: 
Parking space is part of the flat and not separate subject from the flat 
Developer is bound to hand over possession of parking space along with flat 
Section 36 of Development Control Regulations says that for a four-wheeler, minimum size of parking space should be 2.5m x 5.5m 
Builder took 2 lakh for parking space, says couple 
Mumbai: The Mumbai district consumer forum has said that the parking space reserved for a particular flat owner can't be sold by the builder to anyone else. "A developer cannot sell anything other than unsold flats in a building," said the Mumbai Suburban District Consumer Disputes Redressal Forum. The forum on Monday directed Royal Palms (India) Pvt Ltd to pay a Juhu couple Rs 5 lakh as compensation for not handing over a parking space along with a flat the couple bought in a Goregaon complex in 2006. 
    According to the couple, Anita Gupta and Anand Gupta, they had purchased a 1,473-square-foot flat in the developer's project at Aarey Milk Colony in 2006. The Guptas paid Rs 57.07 lakh on May 30, 2006 for the flat, which was situated on the sixth floor of the building. The developer was to hand over possession of the flat before March 31, 2007. After the agreement was signed, the Guptas paid the full amount to the developer. On July 5, 2007, the developer asked the family to take possession of the flat to complete the furnishings and other minor work, which the Guptas did. 
    In the complaint filed before the consumer forum on November 21, 2008, the Guptas alleged that the developer did not hand over a covered parking space along with the flat. They also alleged that all the parking spots were sold to others. They added that they had paid around Rs 2 lakh for the space along with the flat amount, which the builder had accepted. 
    The developer contested the charges and alleged that the Guptas had filed a false complaint as they had to still pay some dues. The forum, however, observed that the amount due had no relation to the stilt parking. The forum observed that, in the reply to the complaint, the builder did not mention whether it had handed over the parking space to the Guptas. The forum further pointed out that the builder had only evasively stated it had not violated any terms and conditions of the agreement. The forum said it was obvious that the Guptas were not given the parking space. The forum held the developer guilty of deficiency in service.

Read more...

Flat buyers may have to pay 1% extra stamp duty

Mumbai: Property buyers in the city have something more to worry about. The state government plans to hike stamp duty by 1% and take it to 6% from October 1. 

    The stamp duty is currently computed at 5% within city limits. The revenue generated from this hike will be passed on to the BMC to support the latter's transition from octroi to the local body tax (LBT). 
    The surcharge of 1% on the value of a flat (irrespective of whether it's a sale or a gift) may sound paltry but in Mumbai, where a 2BHK in the distant suburbs may cost over Rs 1 crore, this difference will leave a big hole in the buyer's pocket. 
    "If this hike is accepted by the government, a buyer will have to shell out a total 10% in various taxes like val
ue-added tax, service tax on the value of property. This is in addition to the high property tax proposed by the civic body. People will find it very difficult to buy a home,'' said advocate Anil Harish. 
    Senior civic officials sought to play down the proposal by saying a final decision would be taken after it receives a report from Mumbai University's economics department on what should be the rate of taxation and other sources of revenue. "The government, as per rules, has allowed municipal corporations like Nagpur, Pune and Navi Mumbai to hike stamp duty to boost its revenue. We are also considering doing so, although corporators and developers have requested us to increase either entertainment or development charges instead of stamp duty,'' said a senior civic official. 
BMC hopes for 1,200cr payoff from surcharge 
Mumbai: The proposed hike in stamp duty is some six months away, but the BMC however, does not want the government to collect the surcharge on its behalf. "It takes a lot of time before the government releases funds meant for us. We have therefore written to them to allow us to collect the surcharge directly,'' said the official. 
    To get an estimate of the revenue the proposed levy would generate, the country's richest civic body has asked the stamp duty and registration department to give details of the number of documents 
registered and amount collected from each zone per month. 
    The government has in 2010, 2011 and 2012 collected almost 65% of tax from the registration of immovable properties. The income from stamp duty during 2008-09 was Rs 8,384 crore, which increased by 30% to Rs 10,901 crore in 2009-10, then to Rs 13,411 crore in 2010-11 (23% increase) and to
Rs 14,800 crore in 2011-12 (10%). 
    The BMC, which has estimated a surplus of Rs 15 crore from the 2013-14 budget, hopes to generate over Rs 1,200 crore from this proposed surcharge. It had collected property tax bills aggregating Rs 3,657.1 crore in 2012-13, following the transition of the property tax system from ratable value to capital value-based system.


Read more...

About This Blog

Blog Archive

  © Blogger templates The Professional Template by Ourblogtemplates.com 2008

Back to TOP