Notices to Ansals Properties on Palam Vihar, Sushant Lok transfer

GURGAON: The department of town and country planning (DTCP) has written to the developer of Palam Vihar and Sushant Lok-1 on the proposed transfer of the societies to MCG.

The developer, Ansals Properties, the notices have been sent to the developer, who is expected to reply within 30 days, failing in which action will be taken,” said T.L. Satyaprakash, director, town and country planning.

As per Section 3(3)A of the Haryana Development and Regulation of Urban Areas Act 1975, the developer has to undertake maintenance and upkeep of internal infrastructure of the society for five years after obtaining the completion certificate. However, given that most of the developers in Gurgaon have not received the completion certificates, an amendment was made to the Act earlier this year. It allows MCG to assess infrastructure deficiencies. Accordingly, the developer can either chose to pay the money to the corporation or finish the infrastructure work within six months, before handing over the society to MCG.

“We have received the notice(s) from the state government and we will revert within the stipulated period,” said an Ansals spokesperson. MCG had started the process of taking over five colonies, including Suncity, Sushant Lok-1, Palam Vihar and DLF phases 1, 2 and 3, this year.

The project reports on Sushant Lok-1, Suncity and Palam Vihar were sent to DTCP in October. “The reports for the DLF areas will be sent soon. Also, the process is underway for South City-1 and South City-2 takeover,” said MCG commissioner, V. Umashankar. He added while a DPR has been prepared for South City-1 and comments have been invited from stakeholders, the report on South City-2 should be ready soon.

The corporation is also planning to take charge of Malibu Town and Tattavam Villas. While the process for Tattvam Villas’ takeover was initiated on the order of the DTCP director, the corporation had received a representation from the residents of Malibu Town on the matter. “Any area where over 50% of residents are in favour a MCG takeover and the developer has obtained a part-completion certificate, we can initiate the process,” said Umashankar.

Join the Largest Community of Whatsapp Group of Real Estate Buyers in India on Best Real Estate Review Website for more information and news related to builders.

Residents to protest delay in Sushant Lok 1 takeover by Gurugram civic body

Several residents have also alleged that common areas in the colony such as parks and community centers are being sold off quietly at a time when the government authorities and the developer are passing the buck on each other for the delay.

GURUGRAM : Agitated over the recurring delays in takeover of their colony by MCG, Sushant Lok-1 residents have decided to hit the streets again from March 4, alleging that differences among the civic body, department of town and country planning (DTCP) and developer Ansal API on the takeover cost is holding up the entire process of handover.

“The city authorities are ignoring our colony and giving a step-motherly treatment to it, citing legal hassles. Despite orders by the chief minister, the MCG is not taking any initiative to take over the colony from the developer. The CM had earlier said if the developer didn’t take into cognizance the expenses, the MCG would take over the colony and settle the issue on its own,” said Neelu Sharma, a resident, adding that their repeated pleas to various agencies during the last two years have fallen on the deaf ears.

Several residents have also alleged that common areas in the colony such as parks and community centres are being sold off quietly at a time when the government authorities and the developer are passing the buck on each other for the delay.

“The developer has already sold off over 50% of parks originally planned as per its 1986 sale layout. The developer’s sales office in the A block was a prime example, which was demolished in 2009 after protests from the residents. However, they somehow manage to get their plans implemented illegally,” said Shashi Sharma, a resident.

Sushant Lok-1 residents had earlier filed a complaint with the Gurugram police and the forest department against an alleged attempt by the developer to cut trees in a community park. “Residents want the developer to hand over the colony to the government, and are fighting them in court and tribunals. When will the government wake up from its slumber? Will there be an end to the encroachment attempt on the open areas of the colony? The remaining open areas are way below 45% already,” said AN Gupta, another resident. The process to take over Sushant Lok-1 had started in the summer of 2017.

Now, after the completion of the detailed project report and discussions at the ground level, the process has hit hurdles, with the developer refusing to pay the deficiency cost as prescribed in the MCG’s report. Ansal API Ltd denied the allegations raised by residents. “Ansal API is not selling off any community centres and parks. They have been under control of the resident welfare association (RWA) for last five years. We don’t know if they are selling common areas,” said a spokesperson for the developer.

Join the Largest Community of Whatsapp Group of Real Estate Buyers in India on Best Real Estate Review Website for more information and news related to builders.

Celina housing society takes Welworth Associates to HC over 'illegal construction'

PUNE: Residents of the Celina Cooperative Housing Society in Baner have moved the High Court against the builder raising objections to a recent construction started on the society premises by the latter. They have claimed that while the builder has delayed the conveyance deed, he is using the remaining land from the society premises, which he has no right on, to start a new construction. For their part, the Pune Municipal Corporation (PMC) has cited the district deputy registrar’s (DDR’s) order on the matter to claim that the permission for the new construction has been given legally.

The residents of the society moved into their flats in 2006 and 2007 after the building completion certificate was issued. Following this, the final completion certificate for the society was issued in 2008. According to the petition filed with the high court, at this point the three main buildings of the society were completed while a fourth small structure was to be constructed and the cooperative society was also formed by the residents to manage its activities. But around this time the builder started delaying the process for deemed conveyance and the DDR issued an order in favour of the builder. Meanwhile, the builder also received the sanction for the construction on the vacant plot in the society. Following this, the members of the society immediately sent a legal notice to the PMC calling upon the civic body to cancel the construction permission. Based on this the residents of the society have also filed a writ petition against the DDR’s order and challenged the builder in the high court.

Speaking about this Niranjan Ghate, chairman of Celina Society, said, “The problem is that despite our having shifted to the society premises 13 years ago, the builder was not ready to do the conveyance deed. The deed would mean that the entire piece of land, on which the society is built, has been transferred to the society. But while we were protesting against the delay, based on the fact that the land was transferred to us when we formed the society, the builder started constructing a new building on the premises. While he had shown this as a small structure earlier, he managed to obtain the permission from the PMC for extra construction. We are also wondering how the PMC authorities gave them permission despite the matter being sub-judice. He had used all the available FSI in 2008. But he has started fresh construction now. We are demanding that till the time the matter is resolved the fresh construction should be put on hold.”

When quizzed about this, Mahesh Salunkhe, head of sales and marketing at Welworth Associates, the builder firm that constructed Celina said, “The residents are raising objections because they want the open space. But we never promised to give it to them and the plan for construction of the building has always been there. Even at the time of signing agreements the residents were aware of it. So they cannot question it now. We have put forth all the legal documents and data before the DDR and are going to present the same in the high court too.”

Join the Largest Community of Whatsapp Group of Real Estate Buyers in India on Best Real Estate Review Website for more information and news related to builders.

Buyers move two forums,MahaRERA rejects pleas

PUNE:The Maharashtra Real Estate Regulatory Authority (MahaRERA) has dismissed complaints registered by consumers here and Mumbai for approaching other forums.

Last week, the authority dismissed the plea of a complainant here as he had approached another forum. In another case, MahaRERA , a buyer Rs 10,000 for complaining against a developer despite getting an a civil court order against the builder.

“Complainants should ensure that they do not approach any other forum,’’a MahaRERA official said. If a complainant wishes to withdraw a complaint from the consumer forum, he can do so with MahaRERA under section 71 and file a case with the adjudicating officer.

In Pune, the buyer had complained against the developer for possession delay. He had said the developer was supposed to hand over the apartment by April 2012 and revised the project completion date to December 2020.

During the hearing, the developer’s advocate said the plaintiff had filed a complaint on the issue with the state consumer dispute redressal commission and an order directed the parties to maintain a status quo. “We ordered that if a case or a complaint is already pending in a commission, the grievance filed with MahaRERA will not be tenable and shall stand dismissed,” the official said.

MahaRERA had rejected complaints filed by six home buyers against Terrain Infrastructure Pvt. Ltd on the ground that they did not disclose that they had filed similar complaints before the Bombay High Court. “The complaint filed with MahaRERA is not maintainable and is therefore dismissed,” stated the order of the adjudicating officer.

You can keep track of your real estate developer by Whatsapp Group of Real Estate Buyers on Best Real Estate Review Website on facebook.

Haryana govt to auction 100 acres from Global City land pool

GURUGRAM: The Haryana State Industrial and Infrastructure Development Corporation (HSIIDC) has decided to auction 100 acres from the land pool allocated for the Global City project. The auction will be done in parts and, in the first round, the corporation will put 20 acres adjoining the Dwarka Expressway on the block.

According to HSIIDC officials, latest estimates for the Global City project have thrown up a requirement of a little over a 1,000 acres. Consequently, a chunk of land measuring around 100 acres is available for other use. “We have decided to go with just 20 acres in the first round of auction to test the market and will then plan the subsequent auctions accordingly. The land is on either side of the Dwarka Expressway,” said Manoj Pal Singh, additional general manager, HSIIDC and head of the Global City project at HSIIDC.

Registrations for the first round have been opened and the last date to do so is December 13, 2017. The procedure and details for the registration are available on the HSIIDC portal. Intially, 1,383 acres were acquired for the project which has hit multiple hurdles. The Global City project is yet to be launched. The Manohar Lal Khattar government is keen on launching it at the earliest.

Singh said the land comes under mixed use development and is also applicable for benefits under the transit oriented development (TOD) policy. Since it is right next to the expressway, which is being developed as a national highway, HSIIDC hopes the auction will fetch it a good price. Talking about the expected price Singh said, “As of now, we don’t have any idea because different reports are projecting different prices. It is because of this reason that we have kept the reserve price open for the auction.”

However, according to sources at the corporation, the land should at least be worth around Rs 100 crore going by the prevailing rate of Rs 5 crore per acre. If it is anything less than that, the corporation would not make any substantial margins. The auction will also bring some relief for the corporation, which has been facing financial problems lately.

TOI had earlier reported that the HSIIDC has a huge debt of Rs 9,775 crore on account of increased land compensation costs to allottees across major industrial projects.This amount is the sum of all loans taken by the corporation till May 2017 for 18 different industrial projects.

You can keep track of your real estate developer by Whatsapp Group of Real Estate Buyers on Best Real Estate Review Website on facebook.

High - Rises in Gift City run into trouble

It’s third time unlucky for Gujarat International Finance Tec-City (GIFT), billed as India’s first global financial services and IT hub that’s coming up near Ahmedabad airport. 

The smart city project may have to scale down the height of several planned multi-storied buildings after a study that that it had specifically sought – the third such survey since 2008 – recommended that curbs on high-rises in the vicinity of the airport should be maintained without exception in the interests of aviation safety. 

A committee of the aviation ministry approved the findings of a six month study by the International Civil Aviation Organization, which recommended heights ranging from 74 metres and 191 metres for 52 high-rise buildings in GIFT City, against requests from 68 metres to 474 metres. 

The financial and IT hub, being developed by state-owned Gujarat Urban Development Company Ltd. and Infrastructure Leasing & Financial Services Ltd, is located 12 km from Ahmedabad’s international airport. Prime Minister Narendra Modi said in January he envisioned GIFT as a centre that would set the prices of some of largest traded instruments in the world, including commodities, currencies and equities. 

The appellate committee on height clearance, under the Ministry of Civil Aviation, met on September 21 and approved the height limit recommendations for GIFT City, according to the minutes published on the website of the Airports Authority of India. Height restrictions on buildings and structures around airports are meant to aid navigation and keep flight paths clear during landings and take-offs 

Arun Kumar, a joint secretary in the ministry and chairman of the appellate committee, declined to comment on the matter. ET spoke to multiple officials in the ministry and AAI, who said the ICAO report was an endorsement of a study conducted by AAI. “There are prescribed permissible limits – it is about aircraft safety. No organisation can relax height by over 250 metres,” an aviation expert said. 

According to the minutes and annexures, the appellate committee approved height requests as sought by GIFT for 26 of the 52 structures, including one building that’s 191metres high.  However, height exemption requests for other structures were denied. In block B10, for which GIFT sought approval for a height of 474 metres, the permissible limit of 177 metres was granted. In block B13, GIFT sought a height of 305 metres and the permissible elevation of 183 metres was granted. The aeronautical study, the second by ICAO, was approved in July 2016 by the appellate committee following a request by GIFT City. 

According to the minutes of a meeting issued by the appellate committee at that time, GIFT was a project of “public importance.” “As GIFT wasn’t satisfied with AAIprescribed limits and insisted on ICAO study, the appellate committee agreed to their request,” a ministry official said.

You can keep track of your real estate developer by Whatsapp Group of Real Estate Buyers on Best Real Estate Review Website on facebook.

MahaRERA comes to the aid of 30 more flat buyers of Tanvi Eminence project in Mira Road

MahaRERA comes to the aid of 30 more flat buyers of Tanvi Eminence project in Mira Road

The Maharashtra Real Estate Regulatory Authority (MahaRERA) has come to the aid of 30 more flat buyers of the stalled Tanvi Eminence project in Mira Road and directed the developer to hand over possession of their apartments on or before December 31, 2019.

The order comes nearly a month after the court ordered a similar settlement for a welfare association representing 190 other flat buyers who had bought apartments in Tanvi Eminence Phase I and II. The project has been stalled since 2013 following differences between the four promoters of the project. MahaRERA chairperson Gautam Chatterjee had steered the project towards completion by holding long deliberations with the developer and the welfare association members, and given a landmark order last month based on consent terms signed between the two.

In his order, Chatterjee has directed the developers to hand over possession of the flats, including Occupancy Certificate, before December 31, 2019, with a grace period of three months for mitigating factors. The builder will be liable to pay interest on the money invested by the home buyers for any further delay.

As per the order, home buyers will receive the flats for the same price agreed in the allotment letter or registered sale agreements issued by the developer, barring any additional charges newly levied by the local bodies or government from time to time. While some home buyers had demanded compensation for their investments lying with the developer since 2012-13, it was not granted.

“We are satisfied with the consent terms. The developer has said that there will be no reduction in amenities promised to us and we will be charged Rs 4 lakh for car parking as promised earlier. The developer says construction has already started,” said Nilesh Thakkar, one of the 30 complainants who invested in the project in 2012.

You can keep track of your real estate developer by Whatsapp Group of Real Estate Buyers on Best Real Estate Review Website on facebook.

Today Homes' buyers protest; UP police assure action against builder

Noida, Hundreds of home buyers today staged a protest against realty firm Today Homes over non-completion of its residential project in sector 135 here, following which the UP police assured them of convening a meeting with the builder.

The home buyers first gathered at the site of the project, Ridge Residency, and advanced towards the local police station seeking intervention as the builder failed to deliver flats despite a long delay and many assurances in the past.

With home buyers insisting on the presence of top management of the company, including promoter GK Gambhir, the Uttar Pradesh police assured them that the builder would be served notice to be present at the police station for a meeting with buyers on April 28. SHO V S Pundir tried to contact officials of Today Homes Noida Private Ltd but could not succeed. "We will send a notice to the builder today itself to be present at the police station for a meeting with buyers on April 28. If he does not attend the meeting we will take action," Pundir said.

While seeking action against the builder, the home buyers also sought progress on around 40 FIRs filed by them. Comments from the company could not be obtained as phone calls to senior management and e-mail query remained unanswered. The Today Homes Ridge Residency is a 13-acre project, comprising 18 towers with over 1,800 flats. It was launched in 2009-10 and its completion was scheduled for 2013-14.

"There has been a significant delay in the completion of the project. The builder has been giving us deadline after deadline for the completion of the project without honouring it. Even the police is not taking action despite many FIRs being lodged," said Rajesh Sharma, a home buyer.

Thousands of home buyers of many builders, including Jaypee group, Unitech and Amrapali, in Delhi-NCR region, are waiting for deliveries of flats, forcing them to resort to protest and even file court cases seeking possession, refund of money with interest and action against the errant builders.

Join the Largest Community of Whatsapp Group of Real Estate Buyers in India on Best Real Estate Review Website for more information and news related to builders.

Ardee City residents in Gurugram say no to new power meters

GURUGRAM: Hundreds of angry residents of Adree City in Sector 52, on Saturday, protested against the recent decision of the builder to replace their postpaid power meters and install prepaid ones without their consent — a move, they suspect, will allow the latter to charge fees exceeding the Haryana Electricity Regulatory Commission’s (HERC) mandated tariff rate.

Residents said they noticed this “surreptitious activity” by Adree Infrastructure Pvt Ltd last week, following which they raised a hue and cry, which culminated into the protest on Saturday. Residents started gathering in front of the main office of the Ardee management near Gate No 1 of the society from 11am, and the number soon increased to hundreds. “The builder is changing the meters without our consent,” said Praveen Yadav, president of Ardee City RWA.

Yadav said the builder was replacing the old meters with those enabling them to make payments through prepaid mode without their consent. “The builder wants to levy illegal charges through a prepaid meter. As per HERC guidelines, it is clearly written that such meters should be changed only if the consumer opts for it,” he said.

Prepaid meters work in the same way as prepaid SIM cards. Consumers have to pay a specific amount in advance, which reflects in their meters and exhausts progressively with the number of units consumed. Users get periodic notifications about the units consumed and remaining units so that they can recharge before power is cut.

Residents said HERC officials visiting the society in December last year had advised the residents to file a petition against such a ‘capitation charge’ as it wasn’t complying with HERC guidelines. “Even HERC agreed it’s illegal. Previously, they used to mint extra charges in the name of transmission and distribution losses, but eventually DHBVN sent a stinging letter saying such charges are already incorporated in the bills. We have a single point connection, which means DHBVN doesn’t give electricity directly to us, but to the builder, who further distributes it to residents,” said Chaitali Mandhotra, another resident.

In the letter to the builder, which is in possession of TOI, the discom in May earlier this year wrote: “The distribution licensee shall not charge a tariff in excess of the tariff determined by the Commission.” The letter further warned that if any distribution licensee recovers a price or charge at a rate exceeding the tariff determined under the regulations, it shall be liable to penalties. “Since the residents are not paying illegal charges added to the electricity bill, the builder has resorted to cheap tactics by disconnecting power. When asked to fix the problem, they are coercing residents to pay the charges,” said Ardee RWA general secretary Nehal Mandhotra.

Anil Hasija, vice-president of Ardee Infrastructure, did not take calls despite repeated attempts. General manager Chandan Lakhanpal listened to the queries we raised before hanging up the phone and not responding to further calls.

Join the Largest Community of Whatsapp Group of Real Estate Buyers in India on Best Real Estate Review Website for more information and news related to builders.

Sebi to auction 18 properties of Kolkata's MPS Greenery Developers next month

Sebi to auction 18 properties of Kolkata's MPS Greenery Developers next month

NEW DELHI: To recover investors' money, markets regulator Sebi has lined up as many as 18 properties of MPS Greenery Developers for an online auction next month at a total reserve price of over Rs 67 crore.

This is in addition to the 18 properties auctioned in February and 14 assets in June last year. The Securities and Exchange Board of India (Sebi) has initiated the process for sale of assets of the company, as per an order by the Calcutta High Court.

Justice Sailendra Prasad Talukdar has been appointed as the one-man committee for liquidating the assets of MPS Group of companies and repaying the investors. Subsequently, the committee directed Sebi to proceed with auction of select properties of MPS Group.

SBI Capital Markets has been engaged by Sebi to assist in sale of the properties through e-auction platform on "as is where is and whatever there is" basis. The West Bengal-based firm gathered Rs 1,520 crore from investors through illegal collective investment schemes.

In a notice issued today, the regulator will auction 18 properties on June 19 at a reserve price of over Rs 67 crore. The property listed for sale include land parcels, buildings, residential flats and commercial space in Kolkata.

Besides, intending bidders can inspect these properties on June 5. In December 2012, the markets regulator had directed MPS Greenery Developers to close its illicit collective investment schemes and refund investors within one month, failing which proceedings would be initiated against the entity and its senior officials.

Join the Largest Community of Whatsapp Group of Real Estate Buyers in India on Best Real Estate Review Website.

Navi Mumbai realty firm director held for Cheating

Navi Mumbai realty firm director held for Cheating

NAVI MUMBAI: Turbhe MIDC police arrested a Navi Mumbai-based realtor on a complaint by a property investor Ketan Chugh, who alleged the directors and partners of three realty firms indulged in cheating and forgery to usurp a Nerul plot which he bought in 2008.

While the FIR was registered on October 17, Suresh Jain, director of Metro Developers, was arrested on October 19. Other accused are absconding, including one Shakuntala Kulkarni, who claimed to be the heir of the deceased land owner Maya Kaikani.

According to the FIR, in 2004, Cidco allotted 3,680 sq m plot in Nerul, to Kaikani. It changed hands twice and Chugh bought it for Rs 14.73 crore and made part payment of Rs 25 lakh.

As he waited for Cidco's approval, in 2015 he learnt Metro Developers was selling flats in a tower on the plot. He learnt Kulkarni entered into a deal with Cidco and the plot changed hands thrice, ending with Metro in 2015.

Join the Largest Community of Whatsapp Group of Real Estate Buyers in India on Best Real Estate Review Website.

Builder Sold Dream Homes On Non-Existent Plots, Arrested

The Delhi police have busted a Rs. 300-crore real estate fraud with the arrest of an alleged fake builder, Manoj Bhardwaj, who was running several bogus companies In Delhi.

Builder sold dream homes on non-existent plots, held

The Delhi police have busted a Rs. 300-crore real estate fraud with the arrest of an alleged fake builder, Manoj Bhardwaj, who was running several bogus companies in the Capital.

The police have received over 450 complaints against the accused from home buyers in Delhi and National Capital Region (NCR) over the past few years, and suspect that many more are yet to seek legal action against him.

Bhardwaj, who projected himself as a builder/land dealer, operated in a manner similar to the script of Bollywood film Khosla ka Ghosla, in which a family sells off a government plot by faking it as its property.

Bhardwaj also took his prospective buyers on a trip to plots that did not belong to him, said Ishwar Singh, DCP (South).

The lands Bhardwaj showed to the victims would have boards of his fake companies, most of which began with ‘Arun Dev’. “Initially, Bhardwaj started a company in the name of Arun Dev Builders Pvt. Ltd. Later, he started many other sister companies in the names of his relatives,” said the DCP on Tuesday.

The Economic Offences Wings of the police in Delhi, Gurgaon and Faridabad had several received complaints against Bhardwaj from his clients. Many complaints were also being lodged at South Delhi’s Neb Sarai police station as the address mentioned in the receipts given to the victims mentioned the area. The South District police constituted a team and nabbed the accused from Devli village last week after receiving a tip-off on his movement.


Bhardwaj’s modus operandi was simple. He would lure prospective plot buyers through advertisements in newspapers. When a buyer would approach him, he would show the person vacant plots claiming that new colonies would come up there.

Cheating Case Against Builder 
Best Real Estate Review Website - Cheated Buyers
Real Estate Fraud

Chinese firm Fosun eyes Rs 800 crore stake in Nitesh Estates

BENGALURU: Shanghai-based Fosun Group is in advanced discussions to invest Rs 800 crore ($125 million) in southern developer Nitesh Estates in what would be the Chinese conglomerate’s first M&A deal in the Indian real estate sector.

Billionaire Guo Guangchang-led Fosun, with more than $75 billion in assets, is likely to pick up around 50% stake as it looks to build a property platform to expand in the country, people directly familiar with the matter said. This would be Fosun’s second buy in India after snapping up controlling shares in Hyderabad-based Gland Pharma in a billion-dollar deal last year.

Nitesh plans to issues shares to Fosun Property Holdings and IDERA Japan, which is controlled by the former, through preferential allotment. The Bengaluru-based company’s founder Nitesh Shetty will retain 25% and continue to run operational management. The potential transaction would trigger a mandatory open offer by the company to public shareholders, though there are no delisting moves afoot now.

JM Financial, Yes Securities, Cyril Amarchand Mangaldas and EY are said to be advising on the deal-making. Shares in India’s first Ritz Carlton hotel will not be part of the transaction as the first generation entrepreneur Shetty plans to keep it as a part of his personal investments. Similarly, Nitesh Hub mall in Pune, which is majority-owned by Goldman Sachs, is also not part of the ongoing deal with Fosun. When contacted, a senior Fosun India official and Nitesh Shetty declined to comment.

Nitesh has a portfolio of 20 million sqft of completed and under development residential and commercial projects. The company plans to use the proceeds to pare debts and fast track under development projects delayed by adverse market conditions. Going forward, Fosun would co-invest with Nitesh Estates to acquire property assets to expand the Indian real estate footprint. Three years ago, Fosun made a similar entry into Japanese real estate industry by acquiring mid-size asset manager IDERA Capital Management, which owned office buildings in greater Tokyo.

Promises Abused, Home Dreams Shattered by Bengaluru Builders

Residents of Nitesh Forest Hills, an apartment complex owned by luxury estate brand. Nitesh estates have gone to the consumer court over the issue of unfulfilled promises. The residents association is now hoping to make it a collective protest in order to truly make their 'dream' come true.

For more Details abour Real Estate Reviews Please Visit Best Real Estate Review Website @ Cheated Buyers

No eco clearance for Nitesh's apartment project on 'lake land'

The State Environment Impact Assessment Authority (SEIAA) has rejected the application of Nitesh Urban Development Pvt Ltd for environmental clearance to its residential apartment project at Bhoganahalli village in Bengaluru South taluk.

The developer wants to construct apartments in two parcels of land on a total plot area of 44,880.93 square metres. The SEIAA’s rejection came on October 12. “We refused the environmental clearance because the land where the project has been proposed is lake land. Bengaluru has been witnessing flash floods lately. If such projects are cleared, the chances of flooding will only rise,” Ramachandra, member secretary, SEIAA, told DH.

According to the Ministry of Environment, Forests and Climate Change, environmental clearance is mandatory for any large housing and infrastructure project. The developer wants to construct apartments with lower and upper basements, a ground floor and 13 floors and a stair headroom with 297 units each in two parcels of land in survey numbers 22, 23/1, 23/2, 24, 25/2, 26/1f, 26/2, 27, 28, 29/1, 29/2, 29/3 and 29/4 at Bhoganahalli.

At the meeting, SEIAA members also noted that the proposed site is in a low-lying area that would be prone to inundation. Therefore, the construction of such a large residential complex will be unsuitable, they stressed. The minutes of the meeting, a copy of which has been seen by DH, mention that the State Level Expert Appraisal Committee (SEAC), too, had taken note of the ambiguity regarding the Bhoganahalli waterbody in Survey No 29 at its meeting on February 27, 2017.

The SEIAA noted that section 14 (2) of the Karnataka Lake Conservation and Development Authority (KLCDA) Act, 2014, bans construction on any lakebed. Both the SEIAA and the SEAC feared the construction would affect the buffer area as the company’s proposal does not show any other approach road to the project site. The SEIAA also stated that the land belongs to the gram panchayat and as per the Supreme Court orders of January 28, 2011, in civil appeal number 1132/2011, the land should be restored to the panchayat for the common use of villagers (locals). 

On February 23 this year, the SEIAA had refused to give environmental clearance to 28 developers/companies that had been seeking it since 2014. Among the companies were Mantri Techzone Private Limited and Coremind Software and Services Private Limited.

Join the Largest Community of Whatsapp Group of Real Estate Buyers in India on Best Real Estate Review Website.

Home Buyers of Bhagtani project get new Offer

Mira Road project investors say builder ready to shift them to non-Bhagtani projects. Several home buyers who have their money stuck in the stillborn Bhagtani Riyo project in Mira Road have received calls from the developer JVPD Properties offering to transfer their ownership to another non-Bhagtani project.

Speaking to Mumbai Mirror, Majid Sheliya, a Bhagtani Riyo investor and an intervenor in the court case presently being heard by the Bombay High Court, said “I got a call on Tuesday from Kinjal in Bhagtani office who offered that they can give me a flat in Shubh Atika project by Ravi Developers in Mira Road which is registered with MahaRERA. Kinjal said they will pay the amount I have invested with 15 per cent interest directly to that builder without I having to invest anything.”

Sheliya, who owns an optical store and had invested Rs 7.59 lakh in Bhagtani Riyo in April 2013, said “Kinjal said I will get possession of the flat in Shubh Atika by January 2020. When I checked I found that though this project is registered with MahaRERA, its possession date is December 31 2022, which is five years from now. I refused the offer and asked for my refund. I told them I don’t trust them any longer and that only if they transfer me to a ready possession project will I agree.”

Sheliya, who lives in a rented flat while waiting for his dream home for last four years, also pointed out that when he booked the flat in Bhagtani Riyo, he got a rate of Rs 4,000 per sq feet whereas he would have to shell more money for a flat in Shubh Atika. “The ongoing rate in Shubh Atika is Rs 6200 per sq feet. So, a 700 sq ft flat will cost me Rs 43 to Rs 44 lakh,” he said.

Another Bhagtani Riyo investor Deepak Brid also received a phone call from Bhagtani developer’s office this week. “I and my brother in law Keenan had invested Rs 8.37 lakh including stamp duty and registration in a 1 and 2 BHK flats in 2013. The Bhagtani representative said on telephone that they will pay my investment with 15 per cent interest directly to the developer of Shubh Atika and I could transfer my flat there. Or they suggested that I could shift to a project with Occupancy Certificate in Boisar but did not name the project. But, I refused the offer.”

Brid, who works with a private bank and lives in a rented flat in Borivali, said after two years of repeated promises that the Riyo Project will progress, he and his brother-in-law had demanded a refund of their money in December 2015 and yet to get it.

When contacted, Diipesh Bhagtani, director of JVPD Properties and Jaycee Homes, said “This is not a new development. We have been offering these transfers to our customers through some structured deals with other developers and brokers. But, we do not pay that developer directly. We will refund the customer their dues with interest, and they will have to then take it forward with the developer. Obviously, the rate of that flat will be at the present ongoing rate.”

“We have been trying to help people who want a refund. There are cash flow issues in the market. The market is down, and we have the customers. So if the home buyer is ready to take a transfer to another developer’s project, we have been facilitating that. Many people have taken such transfers,” Bhagtani claimed.

Join the Largest Community of Whatsapp Group of Real Estate Buyers in India on Best Real Estate Review Website.

MahaRERA dismisses investor's plea against builder

MUMBAI: The Maharashtra Real Estate Regulatory Authority (MahaRERA) has dismissed a complaint filed by an investor in Monarch Solitaire’s housing project against the realty developer, saying the dispute is of civil nature and does not pertain to any contravention of the Real Estate (Regulation & Development) Act, 2016.

The development assumes significance as it clarifies that the authority will be protecting home buyers and not investors in any project. The Maharashtra Real Estate Regulatory Authority (MahaRERA) has dismissed a complaint filed by an investor in Monarch Solitaire’s housing project against the realty developer, saying the dispute is of civil nature and does not pertain to any contravention of the Real Estate (Regulation & Development).

The development assumes significance as it clarifies that the authority will be protecting home buyers and not investors in any project. In 2014, the complainant had invested in the residential project of Monarch Solitaire and reserved four apartments in it. The project is registered under MahaRERA. The complainant stated that the developer has neither returned his money with interest nor given possession of the apartments identified for him.

According to MahaRERA, while going through the documents, it was observed that the complainant and the developer have signed a MoU, and based on it the complainant is an investor in the project and not an allottee. “This is a forum created to address home buyers’ grievances.

We cannot get into other civil disputes involving entities like landlords and co-promoters,” Gautam Chatterjee, chairman of MahaRERA, told ET. “In this case, the complainant had entered into an agreement to receive space share and is a co-promoter, as per the definition.” Chatterjee also highlighted that in an earlier instance, the authority had dismissed another such complaint filed by a developer against the Municipal Corporation of Greater Mumbai.

The memorandum of understanding mentions that when the investor sells his apartments in the market, the profit from such sales will be shared between with the developer in the ratio of 70:30. It means that the complainant has the status of a 'co-promoter' of the project, as clarified in MahaRERA circular, the authority said while dismissing the complaint.

You can keep track of your real estate developer by Whatsapp Group of Real Estate Buyers on Best Real Estate Review Website on facebook.

Court orders probe on plaint that JMD changed floor area

Gurgaon: A city court has ordered a fresh probe by an ACP-rank officer against real estate developer JMD in a two-year-old case, which was filed against the company for allegedly cheating a buyer and for violating the purchase and sale agreement. The police officer concerned has been directed to submit the investigation report before November 10, the next date of hearing.

Additional chief judicial magistrate Prashant Rana passed the orders a couple of days ago while hearing the petition filed by Darshan Goel, who had bought an office space at JMD Megapolis on Sohna road in December 2014. In his petition, Darshan alleged that he had booked 1,472 sqft but was handed over only 880 sqft. Also, as per the agreement, the office space was supposed to be on the 12th floor of the building but he was handed over a space on the 13th floor. He further alleged that there were discrepancies between the promised and actual positions of all the allotments made in the building.

Darshan's counsel Yatish Goel said, "Changing the floor and giving a space smaller than promised are tantamount to cheating and fraud." After failing to get any satisfactory reply on these issues from the developer, Darshan lodged a complaint at Sadar police station in April 2015, accusing the JMD of cheating and fraud. But, the police allegedly refused to file any FIR.

In August 2015, Darshan approached court, which took cognizance of the issue and directed police to file an FIR against the real estate company and its owner on charges of cheating and fraud. Yatish alleged that even after filing the FIR on the directive of the court in September 2015, the police failed to investigate the matter. And in August 2016, the police prepared a closure report but did not submit it before the court. In the meantime, Yatish filed a supplementary case before the court, seeking action against both the developer as well as the police.

Finally, hearing the case, chief judicial magistrate Rana observed that the FIR, registered under Section 156 (3) of the CrPC, was wrongly cancelled by the investigating agency. The police claimed that the complainant did not provide all the documents in his possession. The cancellation report is "non-speaking" (lacks explanation) and further investigation is warranted in the case, the court added.

The court directed that further probe be conducted by ACP (east) Gurgaon. The ACP (east) shall not delegate the investigation to some other officers, and submit his report before the next date of hearing on November 10.

Denying the allegations, a representative of JMD Group said, "The property JMD Megapolis was constructed as per the approved building plan. All concerned departments had visited the building but have not found any wrongdoing."

You can keep track of your real estate developer by Whatsapp Group of Real Estate Buyers on Best Real Estate Review Website on facebook.

69 FAMILIES’ NEVER-ENDING WAIT FOR THEIR DREAM HOMES

Sitaram Kadam looks wistfully at the skeleton of what would have been his dream home. Two-storey, the building with three wings of 1 and 2 BHK flats now stands abandoned. Grass is overgrown on the open space which was to be the parking area for 150 flats. Someone’s goats happily graze and move around the building which has remained virtually abandoned since early 2013.

“Look at the building behind. It wasn’t there, and now it towers over our building. Look at ours,” says Kadam, pointing to a shiny peach coloured apartment complex right behind what was proposed as Silverline apartments, a 12-storey tower with three wings in Thane’s Kasarvadavali.

A software engineer with Tata Consultancy Services (TCS), he sold a flat in Mira Road and invested Rs 23 lakh in 2012 for a bigger 2BHK house in A wing of Silverline apartments. With no sign of the project moving due to a reported dispute between two brothers who are the promoters of the project, Kadam now stays in a rented flat in Vijay Nagri, paying Rs 18,700 as rent and another Rs 4,000 as EMI for a loan he took.

Kadam is one of the 69 middle class home buyers who invested their hard-earned money in the project. Eighty per cent of them have been forced to live in a rented flat and pay EMIs on bank loans for the last four years with no resolution to their problem in sight.

Shakeel Tadvi, whose husband RR Tadvi had booked the flat on the 11th floor, said, “My husband works with Women and Child Welfare department in Thane. We invested Rs 14.51 lakh, and were about to sell a property and invest more. We are not investors; we are people who wanted our first home. A house is not about investments, it is about our dreams and hopes.”

Silverline Project was a joint venture between MS Shah Developers and Ayub Asar who had obtained development rights from the landlord and who is in actual possession of the land. Brothers Abdul Hamid Mapkhan Shah and Salim Mapkhan Shah, who is associated with the NCP, are directors in MS Shah Developers who are involved in a family dispute. In July 2013, younger brother Salim filed a complaint with MIDC police station against Abdul for allegedly forging his signature to remove him from the company and as the signatory of the company bank account. The dispute led to the stalling of the construction. The developers had obtained Commencement Certificate for only six floors out of the proposed 12, but the flat were sold above sixth floor.

In 2015, the home buyers from Silverline as well as Olive Green project in Kandivli, where the developers built 14 out of 22 floors, filed complaints with the police and both the brothers were arrested and are out on bail. However, the dispute between the two remained unresolved.

“We have tried repeatedly to meet the brothers and urged them to end their dispute so that innocent home buyers like us don’t suffer. Even if they refund our money with interest, we won’t be able to afford a home in Thane where the rates have doubled in last four years,” said Dilip Jaiswar, who invested Rs 7.56 lakh and has been taking the initiative to resolve the dispute. They have filed a complaint with the consumer court, and has filed an application before Justice SJ Kathawala in the Bombay High Court to intervene in a suit being heard for Olive Green project.

When contacted by Mumbai Mirror, the builder brothers Abdul Mapkhan Shah and Salim Mapkhan Shah said they were ready to help the home buyers in any manner but cited the feud between them for the delay in the project.

Abdul Mapkhan Shah said “I am ready to complete the building, but my politician brother first said I should give him four flats, then said I should give him Rs 2.5 crore for exiting from the project. I agreed, but how I can I accede to his demand that every three days I should show him the accounts.” He said he was ready to cooperate with the home buyers and would supervise the completion of the building if home buyers formed an Association of Flat Purchasers (AOP)

Salim Mapkhan Shah said “I know these home buyers are suffering for no fault of theirs. But, please understand that even I am a victim. I have agreed to several proposals brought to me by the home buyers to restart the project, but everytime my brother is the one who puts a hurdle.” He said he was ready to build if Abdul gave him an NOC, and he was ready to give NOC if Abdul wished to complete the project.

You can keep track of your real estate developer by Whatsapp Group of Real Estate Buyers on Best Real Estate Review Website on facebook.

HC slams administrator's actions, orders South Mumbai society office unsealed

MUMBAI: In a relief to residents of Grand Paradi, a landmark highrise at Kemps Corner in South Mumbai, a day after an administrator sealed the housing society's office, the Bombay high court noting his unseemly haste in doing so, directed it to be immediately unsealed.

Sachin Sheth and nine other members of the managing committee of the Grand Paradi cooperative housing society had moved HC on Friday. They had challenged an order of cooperative minister, Subhash Deshmukh, in appointing an administrator and his swift action in sealing the office. On December 6, the minister, as an appellate authority, directed that an administrator be appointed after a dispute over excessive transfer fees of Rs 34 lakh from members was escalated to him.

Justice Gautam Patel, before whom the committee counsel J P Sen sought urgent relief, observed, "The order passed only two days ago was sought to be implemented peremptorily. Yesterday (December 7) the administrator sealed the society's office.'' The state's lawyer informed the court that the "administrator will proceed at once to unseal that office, no later than by noon on Saturday.''

Justice Patel also directed the administrator not to take any further action till January 9. Justice Patel in a cutting observation said, "In the one day that he was enthroned, the administrator had sent letters to the society's banks.'' The HC directed him to now "immediately write to all banks requesting them not to act on his previous letter pending further communication.''

Y S Jahagirdar appearing for ordinary members of the society, who were the original complainants against the high-handedness of the managing committee, said that the minister's order to appoint the administrator was justified. The matter will now be listed before an appropriate bench for hearing on December 15. Mont Blanc Properties had built Grand Paradi's iconic three towers and 14 row houses four decades ago.

You can keep track of your real estate developer by Whatsapp Group of Real Estate Buyers on Best Real Estate Review Website on facebook.

Hyderabad: 109 buildings come-up in buffer area of Pedda Cheruvu lake

HYDERABAD: It has come to light that in Ramanthapur, which witnessed severe flooding during heavy rains last week, as many as 109 buildings, including 16 residential apartments and another 93 independent houses, have come up in the Full Tank Level (FTL) of Pedda Cheruvu in the past two decades. Interestingly, most of these structures were permitted by civic bodies such as the Greater Hyderabad Municipal Corporation (GHMC), erstwhile Uppal municipality, Hyderabad Metropolitan Development Authority (HMDA) and erstwhile Uppal gram panchayats.

Now, both GHMC and HMDA are clueless on how to tackle the situation at Pedda Cheruvu, the main hurdle being removing all structures to protect the FTL and fence the area. Most of the lake buffer and FTL area is patta land and occupants can be removed only on payment of compensation to them. According to an estimate based on prevailing market rates, the state government would need `200 crore towards compensation.

According to officials, the irrigation and revenue departments confirmed that of the 32.5 acres, the lake is now left with only 22 acres. In the remaining area, colonies such as Ravindra Nagar, Laxmi Nagar and Saichitra Nagar have come up and of the structures there, over 100 are located on the full tank level.

A few days ago, Ravindra Nagar got inundated due to heavy rains. It took three da ys for the civic body and 14 pump sets to drain out water from the colonies. “Water remained stagnant till the sill level of the existing pipe drains across the national highway , which is also the FTL level. There is no sluice to the lake to release water to other areas,“ GHMC zonal commissioner (East Zone) BV Gangadhar Reddy told TOI.

HMDA commissioner T Chiranjeevulu, who is also chairman of the Lake Protection Committee, said, “Regarding lakes in GHMC limits, the HC ordered for acquiring land and buildings, especially patta land, to maintain FTL of lakes. But it is a costly affair.“

Join the Largest Community of Whatsapp Group of Real Estate Buyers in India on Best Real Estate Review Website for more information and news related to builders.

NCLAT quashes insolvency case against Kochi Smart City

KOCHI: The National Company Law Apex Tribunal (NCLAT) on Thursday quashed an order by the National Company Law Tribunal (NCLT) which passed a verdict in an insolvency case filed by a private firm against SmartCity authorities.

The NCLAT's verdict has come as a breather for the SmartCity project as many of its major functions, including the conduct of its director board, have been stalled following the NCLT order. At the same time, the apex body's order has come as a jolt to the Kochi SmartCity authorities who had reached at an out-of -the-court settlement with the Synergy Property Development Services Private Ltd, the project management company (PMC), which filed the insolvency suit.

The NCLAT quashed the NCLT order citing that the insolvency suit was filed without following proper procedures.The NCLAT didn't pay heed to the company's argument that a settlement has been reached between the parties. The apex body of company law disputes also stated that the NCLT shouldn't approve the company's plea as a dispute was pending between the parties.

As per rules, an operational creditor (the PMC firm in this case) can file an insolvency case against a corporate debtor (SmartCity) provided there is no dispute. The dispute between the Kochi SmartCity author ities and the PMC firm started over the disbursal of funds last year. In 2015, allegations were levelled that some of officials of the SmartCity project were involved in financial irregularities in the purchase of materials like iron rods for the construction of the project building with the knowledge of the PMC. Subsequently, the SmartCity authorities, led by the then managing director Baju George turned down the company's demand for Rs 1.5 crore as consultancy fees.

The SmartCity management replied that the amount can't be disbursed at that point of time as the company abandoned the work halfway and that it did not give proper bills The company moved the NCLT which gave an order approving its claim in July 2017.The SmartCity management filed an arbitration case, demanding Rs15 crore compensation from the firm in the high court, which is still pending. Later, Dubai Holdings, the promoters of Kochi SmartCity, replaced the management team led by Baju George with a new team. The new management reached a settlement with the company by paying Rs 1.5 crore. It is also learnt that the SmartCity authorities had to withdraw the case pending before HC as part of the settlement.

Join the Largest Community of Whatsapp Group of Real Estate Buyers in India on Best Real Estate Review Website for more information and news related to builders.

File FIR against AN Buildwell directors, court tells cops

Gurugram: File FIR against AN Buildwell directors, court tells cops

The directors of controversial real estate company AN Buildwell may soon land in trouble. Judicial magistrate first class Jyoti Grover has directed police to file an FIR against its directors, and provide the court its compliance report by April 24. The direction was issued against a complaint filed by buyers of Spire Edge and IT Park, developed by AN Buildwell in Sector 8, Manesar. The project was launched in 2008 over 10 acres of land, and 1,274 people invested in it under an assured return scheme.

“The developer had promised to give us assured returns, but stopped paying us from 2014,” said Renuka Kulkarni, complainant, who said the developer had lured buyers like herself with promise of assured returns. She added that even the terms of their agreement were changed arbitrarily. “Units were sold with a 99-year-lease, but the lease period was later reduced to 29 years in a one-sided agreement,” said Kulkarni, who filed the complaint with economic offence wing (EOW) of Gurugram police after she refused to sign the agreement.

But no action was taken by police. In the meantime, all directors of the company resigned, and the company went into liquidation. “They (developer) went into liquidation to avoid legal action,” said Kulkarni. With police unhelpful, she filed a case before the Gurugram court in 2017, against 18 people, companies including AN Buildwell and its associates, and its directors. 

Umesh Gulati, counsel for the complainant, said EOW told the court that no action was taken in the case as there’s another case against the company pending before Delhi high court. “Pending proceedings against AN Buildwell before Delhi HC is related to liquidation, and there is no stay against any criminal proceedings proposed to be taken by any aggrieved person,” said Gulati.

The court observed that there was enough material to probe the allegation against directors S K Hooda, Sandeep Hooda and Sunil Gandhi. It also observed that since the involvement of the other employees and associate companies in the offence is not clear at this stage, they need not be included in the FIR. If anything comes up against them during the probe, their names should be included then. Despite repeated attempts by TOI, the developer could not be contacted for their reaction.

You can keep track of your real estate developer by Whatsapp Group of Real Estate Buyers on Best Real Estate Review Website on facebook.

You can keep track of your real estate developer by Whatsapp Group of Real Estate Buyers on Best Real Estate Review Website on facebook.

MahaRERA fines Runwal Homes; Builder to challenge order in Bombay HC

MahaRERA fines Runwal Homes; Builder to challenge order in Bombay HC

MahaRERA has asked the developer to pay the home buyer consideration amount towards the flat of Rs 1.74 crore, Rs 8.86 lakh stamp duty and registration charges

MUMBAI: The Maharashtra Real Estate Regulatory Authority (MahaRERA) has passed an order against Runwal Homes for failure to give possession to a home buyer on promised date. The order, which has the highest refund amount and penalty put on a developer, will also be the first to be challenged by any developer in Bombay High Court.

MahaRERA has asked the developer to pay the home buyer consideration amount towards the flat of Rs 1.74 crore, Rs 8.86 lakh stamp duty and registration charges.

The developer of Runwal Homes has also been asked to pay the home buyer 11 lakh, the amount of interest paid by the complainant on bank loan. All this has to be paid with interest at SBI's highest marginal cost of lending rate (MCLR) plus 2% from May 2017 till the payment is made.

You can keep track of your real estate developer by Whatsapp Group of Real Estate Buyers on Best Real Estate Review Website on facebook.