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.

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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.

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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.”

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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.

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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.

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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.

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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.

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