SAHAKARSUTRA

For knowledge and making simple the changes in the earlier and new Amnesty scheme for OC : 1) The rates for penalty for late application for OC have been greatly reduced. 2) Earlier, individual applications were permitted and individual OC was given flatwise. Now, individual applications are not allowed and you have to make collective application only. 3) Alterations and modifications done internally to the flat - and those not harming the stability of the structure - can regularized after paying the penalty. Earlier, this was not possible. 4) Earlier if buildings did not have the approved plans, the application was rejected. Now option given that you can make a new plan and submit it for approval alongwith your application. 5) Earlier option was there to make the payment in instalment. Now the same is withdrawn. (However, we have requested the Corporation to grant facility of paying in instalment - decision awaited as it is going to be collective application). 6) Structural S...

The Asst. Director of Town Planning, Thane Municipal Corporation, Thane. CC : The Hon. Municipal Commissioner, - for information. Dear Sir, First of all, I thank your officers Mr. Khandpekar and Mr. Rawal for the kind courtesy extended to me and our Corporator Mr. Suhas Desai when we met them on Monday, January 15, 2018 to discuss regarding the Amnesty scheme for Occupation Certificate ( OC). This letter is just a confirmation of what we discussed in the meeting. 1) The officers explained to us in detail the new Amnesty scheme introduced by the Corporation. 2) I inquired about the earlier applications made by our society M/s. Saket CHSL, Thane (W). 3) Mr. Suhas Desai pointed out that in the month of September last year, he had raised a question about the OC for Saket CHSL in the General Body meeting of TMC and the ADTP had then informed that OC can be granted. He said that the same has been recorded in the minutes of the Corporation. 4) The officers infor...

​ RIGHT TO INFORMATION From CO-OPERATIVE HOUSING SOCIETIES Information plays an important role in shaping the life of every individual. With the enactment of the 97th amendment to the Constitution of India and its inclusion in Article 19 of the Constitution, formation of co-operative societies has become one of the fundamental rights of an Indian citizen. Besides, they have also been given the status of local self-government like rural and urban municipal bodies in Part 9 of the Constitution. Cooperative societies now have thus come under the ambit of the Right to Information Act, 2005. Hence co-operative societies have now come underthe ambit and scope of “public authority” defined under Section 2 (h) of the RTI Act, 2005. RELEVANCE OF RTI IN CO-OPERATIVE HOUSING SOCIETY Section 2(f) of Right to Information Act, 2005 states that " information" means any material in any form, including records, documents, memos, e- mails, opinions, advices, press releases,...

TMC has given six months to the buildings to apply for occupation certificate under the scheme.. Those buildings, which have been declared illegal because of lack of occupation certificate, can legalise them within six months. Under the revised amnesty scheme, the Thane Municipal Corporation (TMC) has squashed the penalty charges by several folds. The clauses for getting OC have been eased so that large number of buildings in the city can benefit. The TMC has given six months to the buildings to apply for OC under the scheme. More than 80 per cent buildings in the city do not have occupation certificate. Out of these, most of them are illegal and not eligible for one. There are more than a thousand legal buildings across the city which do not have OC owing to rules flouted by the builder or architect. Such residents are forced to pay 1.5% additional property tax as they are tagged illegal. Thus, the amnesty scheme was introduced in March 2015. Under the scheme, even indi...

As part of its reform agenda for Maharashtra’s once vibrant cooperative sector, the Devendra Fadnavis government had formed two committees to study the working of some prominent cooperative institutions and suggest measures to improve them.  According to the resolution, a four-member committee of experts under Anand Jogdand, director, Maharashtra directorate of co-operation in Pune, will study the working of cooperatives in agriculture, agriculture marketing, and district cooperative banks.  The other four-member committee under Chandrakant Kardak, managing director, Consumer Federation, will look at the functioning of cooperatives in the consumer sector like the cooperative housing societies.  “The government has noticed that some cooperative institutions have violated the provisions under Maharashtra Co-operative Societies Act and its by-laws as well as the policy guidelines issued by the government. As a result, a large number of cooperatives are in deep financ...

MahaRERA has reiterated that “as per the Act, Rules and Regulations, the respondent (the developer) cannot sell open parking space, which has to be handed over to the legal entity (co-operative housing society) of the allottees when it is formed.” In a separate order, the regulator has pulled Ayyas Abdul Sayyad, realty developer of project Spanish Residency for issuing and dishonoring post-dated cheques to homebuyer. The homebuyers had booked a villa in the project at Naigaon on the outskirts of Mumbai, but had cancelled the booking later on. The builder, according to the complaint, had agreed to pay Rs 19.50 lakh to the complainant through post-dated cheques upon cancellation of the booking. However, the builder stopped the payment of a certain cheque of Rs 3 lakh and also refused to hnour other cheques. “The practice of issuing post-dated cheques and dishonouring them brings disrepute to the housing industry. Because of a few black sheep, the entire industry suffers and therefore th...

The established developers are expected to expand their scope of business categories. The  affordable housing segment  is expected to continue to drive the real estate sector in 2018 with several developers and institutional funds eyeing opportunities in this space led by better returns. The end-user demand in this segment along with the government’s thrust through incentives such as granting infrastructure status is ensuring a rising appetite for such projects across the country. The established developers are expected to expand their scope of business categories. For instance, some branded developers, catering to the ultra-luxury segment, expanded their focus on compact, efficient, boutique homes for high and mid-level income category of buyers, a trend that is expected to gain further momentum. With both regulatory and taxation policies in the form of Real Estate (Regulation & Development) Act, 2016, and Goods & Services Tax ( GST ) in place, property development...

CM Devendra Fadnavis issuing directives to Mhada on Monday to extend planning and processing support for it. Experts said 10,000 of Mumbai’s 40,000 societies could benefit. Though the Mumbai District Central Cooperative Bank (Mumbai Bank) mooted a self-redevelopment scheme for cooperative housing societies in 2015 so societies could acts as developers by appointing architects and contractors instead of looking for a builder, it is only now that the scheme, the brain child of town planner Chandrashekhar Prabhu and implemented with the help of government agencies such as  BMC  and Mhada, has got a push, with CM  Devendra Fadnavis  issuing directives to Mhada on Monday to extend planning and processing support for it. Experts said 10,000 of Mumbai’s 40,000 societies could benefit, with the bank willing to extend a loan of up to Rs 50 crore for every project. “A society can appoint a consultant to prepare a plan. Premiums to be paid to BMC/Mhada, shifting and other ...

Based on activist Santosh Daundkar’s plea alleging that Hiranandani and others were involved in irregularities in the Powai housing project, the court in 2012 ordered a probe. A special court has slammed the Anti-Corruption Bureau for seeking to close the probe in the  Powai housing scam  case in which developer  Niranjan Hiranandani  and public servants are named without completing the probe. It directed a detailed investigation and said a final report could be filed only thereafter. “I feel that unless the investigating officer comes with the final opinion that the entire investigation has been carried out, no final report can be accepted. Hence, final report is rejected,” special judge Dilip K Gudadhe said. Based on activist Santosh Daundkar’s plea alleging that  Hiranandani  and others were involved in irregularities in the  Powai  housing project, the court in 2012 ordered a probe. The  ACB  filed an FIR against Hiranandani an...

The ED had registered a criminal case against the firm in 2015 based on a CBI FIR against the group, its directors and officials The Enforcement Directorate, on January 8, 2018, said it has attached assets worth Rs 472 crore, including one in Australia, in connection with its  money laundering  probe in the  PACL   ponzi   scam  case. The ED had registered a criminal case against the firm in 2015 based on a CBI FIR against the group, its directors and officials. "Properties worth Rs 472 crore have been attached under the Prevention of Money Laundering Act (PMLA) in PACL ponzi scam operated by  Nirmal Singh Bhangoo . The properties include MiiResorts Group 1 Pty Ltd and Sanctuary Cove properties in Australia," it said. PACL is being probed by multiple agencies. Earlier, capital markets regulator SEBI had found it to have collected money from crores of investors allegedly through unauthorised collective investment schemes, also called ponzi schemes, i...

Dashing the hopes of over 2,500 home buyers, who have invested their hard-earned money in projects promoted by the Bhagtanis, the Maharashtra  Real Estate Regulatory  Authority ( MahaRERA ) has dismissed complaints of 15 home buyers ruling that in the absence of a registered agreement for sale, the provisions of Section 18 of Real Estate (Regulation and Development) Act (RERA) do not apply. This group had booked flats in Bhagtani’s  Serenity project  in upscale  Powai  and was given only allotment letters that contained a clause saying their investments will be refunded with a 15% interest if project approvals do not come forth. Similar allotment letters were issued to buyers in Riyo (Mira Road), Sapphire (Dahisar) and Savannah (Kanjurmarg) housing projects. In its order dated December 29, Adjudicating officer and Member, MahaRERA, Bhalchandra Kapadnis said, “Section 18 clearly stipulates that a promoter is liable to pay interest or compensation if he fail...

How to file a complaint? A complaint can be filed under Section 31 of RERA either with the Real Estate  Regulatory Authority or the adjudicating officer. This complaint can be filed against promoters, allottees and/or real estate agents. Many state governments have laid out the procedures for filing applications under RERA. A complaint must be in the form prescribed as per the respective state government’s rules. If a buyer’s rights are violated or any provisions of the Act is contravened then a complaint can be filed under RERA in the format provided by the respective state government. You need to visit the RERA portal of the respective state government. “The fees for filing varies from state to state. For example, in Maharashtra, the fee is Rs 5,000 while in Karnataka the fee is Rs 1,000,” says Rahul Kripalani, a Delhi-based lawyer practicing consumer law. Maharashtra buyers can go to https://maharera.mahaonline.gov.in and file their complaints. Similarly, UP homebuyers can ...