Recommendations of the Supreme Court Panel on forest land

Nearly 5 lakh residents living on the periphery of theSanjay Gandhi National Park (SGNP) like Thane, Mulund and Vikhroli on the eastern suburbs and malad, kandivili and Poisar in the western suburbs were affected by a High Court verdict last year notifying their land. Some huge housing complexes as well as settlements in existence for over six decades were declared ‘illegaql’ in the verdict.

Parkash Paddikal of Mulund-based NGO Hillside Residents Welfare Association (HIRWA), said, “Based on the CEC’s current suggestions and the Net Present Value forthese lands, we have calculated that residents with OCs may have to pay aboutRs 8-10 lakh to regularize their homes. Considering the pressure we have been under for so long, that seems an acceptable suggestion.”

As for residents without valid OCs, the CEC has agreed to consider their cases after their applications with details are duly filed, Paddikal said. HIRWA, along with the NGO Pelople’s Power of Nation, has been fighting for the residents’ rights for long. That seems an acceptable suggestion.”

As for residents without valid OCs, the CEC has agreed to consider their cases after their cases after their applications with details are duly filed, Paddikal said. HIRWA, along with the NGO People’s Power of Nation, has been fighting forthe residents’ rights for long.

Rajendra Manglurkar, joint secretary of the state Revenue and Forest department, said, “The illegal forest issue has been hanging in balance for the past 34 years and we want it to be resolved once for all. If the CEC’s solution is acceptable to the public, we are more than happy with it.”

RECOMME DATIO S

On-time afforestation charges for forest land residents of pre-2006 buildings possessing valid occupation certificate or completion certificate Between 10 and 15 times afforestation charges for residents who have booked flats in buildings under construction 20 times charges for areas which have been bookedfor development but work has not yet begum or is in initial stages.

No afforestation charges for farmers owning land in non-agricultural regions and government buildings in private forest lands. The Issue came to limelight in 2002 after the Bombay Environmental Action Group filed a petition in the Bombay High Court over encroachment on forest land. In 2005, the government told the HC that there were encroachments on private forest land. While HC ruling went against residents and builders, residentsassociations filed a Special Leave panel was formed.

A Central Empowered Committee (CEC) has been appointed by the Superme Court on the forest land issue which is headed by TV Jaikrishna and the Committee is reported to have visited. Thane, Mulund and Vikhroli on December 30, 2008.

MARKETING TECHNIQUES:

KOLKATA-BASED Eden City Projects has come up with a new scheme for its residential projects, which requires an applicant to pay only 15 percent of the cost on allotment and the remaining amount as monthly installments two years later, on getting the physical possession of the flat. “Book now and start paying in 2011”, seems to the buzzword in the realty space.

Explaning the scheme, Biswadeep Gupta, General Manager said, “In the scheme called Empower all one has to do is to fill up the prescribed application form with requisite booking amount, which is not very high. Pay 15 percent of the totalvalue on allotment and sign a home loan agreement with the developer’s home loan partner (which could be HDFC, ICICI or someone else) and start apying the rest of the money as equated monthly installments (EMI) only from 2011 onwards, after the developer actually gives physical possession of flats.

An increasing number of developers are coming up with similar schemes, which is just another name for discount, without actually reducing the price of property. It means one has enough time to save up for a house. People who pay rent would be spared from the burden of payingmonthly installment also, and no interest would be charged for the interimperiod either. Eden City Projects was one of the first to start the scheme when slowdown set in. Others such as to pay Rs 2.24 lakh as booking amount and start paying EMI from 2011. Similarly, for a three-bedroom flat of 1,236 sq ft, whose price is Rs 22.57 lakh, one has to pay a booking amount Rs 3.38Iakh, he said.

Ruchi Realty Holdings, the realtyarm of Ruchi Industries, has also come up with a subvention scheme. Shivam Asthana, vice- president of Ruchi Realty, said his company has teamed up with HDFC to offer this subvention scheme. Interestingly, the developers in all such cases are bearing the burden of pre-EMl interests. For all practical purposes, therefore, it is all but a heavy discount offered to customers in a different format.

Displav boards onmortgage lands

Bombav High Court issues Notice 

The Bombay High Court has sent notices to RBI and others to respond to public interest litigation (PIL) that sought the court's directive to banks to put up signboards on mortgaged lands on which construction was being undertaken A division bench of ChiefJustice and Justice Dhananjay Chandrachud was hearing PIL filed by one Rajendra Thacker against RBI, Syndicate Bank, Housing Development and Infrastructure (HDIL) and Enigma Constructions, which issued a brochure under the brand name Rustomjee Estate. The brochure, however, did not mention that the land was partly mortgaged to a bank.

The petitioner's lawyer Sumedha Rao said: "We want banks to put up signboards stating that the land has been mortgaged. Also, the banks should publish a list of properties on which they have a mortgage or a charge." The petitioner's contention was thatif the land's title was in dispute, the builder cannot 'convey' good and marketabletitle of the flat to owners unless the litigation over the title ends. In such cases, the buyers may get cheated of their rights in the property for which they have paid full consideration.

Ms Rao, further urged that the builders may make it clear in their advertisements that land was mortgaged.

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Artical about "REAITY SECTOR TO GROW 40% BY 2010"

Project:Sakshi mension, Unit: 3BHK, Type of property:Apartment:Amenities: lift power back up security, car park, rain water harvesting,gym,vastu compliant swimming pool servent wuarters, Location:Banaswadi, PostedBy:Sakshi Developers

The Rs. 10,000/- crore India real estate industries is all set to grow at a rate of 40% by April 2010, according to builders and international property consultants. This is owing to the resent dip in propertyprices in certain metros by 40% to 50%. It has also led to increase ininquiries for affordable properties from 60% in January 2009 to 100% inFebruary-March 2009.

According to Lalit Kumar Jain, President Promoters Builders Association of Pune (PBAP) and vice-president confederation of Real Estate Developer’s Associations of India (CREDAI), by April 2010, the ongoing affordable housing schemes would be sold completely in all metros due to dip in property prices. Post April 2011, there would be a severe supply crunch. Also,real estate prices would rise again as any new construction due to high landprices, infrastructure and service tax issues. Those who start developmentwould be able to complete projects only by 2013.

During Q4 2008-09, property prices have come down from Rs 8,000 to Rs 3,500 per sq ft in Kurla, Mumbai. Thane has witnessed a drop from Rs 5,000 to Rs 3,000 per sq ft. Similarly, prices in Virar has nosedived from Rs 3,000 to Rs 1,800 per sq ft. Other cities like Delhi, Bangalore, Pune, Chennai, too are witnessing increase in inquiries and sales conversion to a limited extent. According to Pawan Malhotra, Managing Director and CEO MahindraLifespaces, there is a 300% increase in enquiries by end buyers. Apart fromdropping prices, what is necessary is personal negotiation. Everest Builders have sold about 400 affordable apartments within 48 hours in Thane in February 2009. There is a requirement of 4-5 lakhs affordable homes in Mumbai, whereas only 40,000 flats are available of which 80- 90% would be sold out by April 2010. Apart from Mumbai, such as Delhi, Bangalore, Pune, Chennai too would join the race in selling out most affordable flats by April 2011.

According to industry experts, real estate market currently contributes only 1.6% to India’s GDP, as compared to 30% as registered during the financial year 2007-08. Inquiries for properties has started increasing since February-March 2009 which has lead a fair conversion of flats in Thane, Bhandup, Vasai, Virar, Dombivali as these localities has close railway connectivities. Evershine Builders has sold around 400 flats in 48 hours in Thane. Similarly, other leading builders such as Akruti City, Mayfair Housing, Evershine Builders, Lokhandwala Builders have all set visions of bringing in rising demand that matches supply of properties as was seen during the financial year 2006- 07.

Lodha Group, India's premier luxury real estate developers has launched Casa Bella, a leading affordable integrated township project in Dombivali, targeting the middle class segment. The township will be spread over 125 acres and Cas a Bella will be built over 40 acres as an integrated residential township with 3,500 residences under the first phase of development.

There is already a visible and escalating response for affordable housing Developers will have to increasingly develop the ability to respond to the current market dynamics rather than follow an obsolete agenda of business expectations.

Market picks – up lor Resale properties:

Chennai has always been considered as a good resale market for residential properties. Good value for money, ready-to-occupy status and locational advantage has always attracted buyers to second-hand flats. Thistrend has been on the rise in recent times. This trend has also brought to lightthe various issues that come with buying them. A few weeks ago a resale apartment fair was held by HDFC Ltd. The response to this resale initiative was very good and more than a thousand properties were on resale and it is reported that the realtors associated with them are busy closing the deals.

In the present market conditions, many buyers do not want to wait for construction of the house. So HDFC brought together the realtors concerned and facilitated the resale by providing loan facilities.Most of the buyers wanted property in the city limits in the price range of Rs 50 - 70 lakhs. But properties available for resale in the city limits are in the range of Rs 1.25 to Rs 2 crores.

The market slowdown has made the task of finding clients for new and upcoming apartments more difficult for many banks. Tapping the potential for resale of property has become a necessity for the banks and buyers may be able to gain from the development. Themerits of buying a house on resale include lesser price and location withincity limits. for many banks. Tapping the potential for resale of property has become a necessity for the banks and buyers may be able to gain from the development. The merits of buying a house on resale include lesser price and location within city limits. The demerits of buying such houses are possible deviation from the approved plan, internal problems among the members of the residents' association, including legal proceedings and absence of opportunity for the buyer to assess the quality of construction.

Technical valua- tion of a property on resale normally calculates depreciation at 1.5 per cent per year. Around 75 per cent of properties on resale are 'delinquency flats' The registration charges are higher for resale apartments as it is decided on the guide- lines value of the total property whereasin a new apartment, the charge is arrived at only basedon the undivided share of land. Howeverthere were no delin- quency flats among theproperty on resale during the recentinitiative of HDFC. Brokers continue to say that the market is favouring the buyers. As market prices of new flats are gradually reducing, price of resale flats should also follow suit soon. Buyers analyse the aspects such as location, quality of construction and track record of the builder in the process of resale. The buyers not showing interest in properties on resale in outlaying areas.

The majority of buyers showing interest in properties on resale are end-users and the investors are not opting for purchase of properties on resale.Many properties on resale belong to speculators who invested in the property a few years ago and planned to sell the property at a higher price soon after the con- struction got over. They wanted to sell the property as quickly as possible fearing a reduction in the prices. With rentals not increasing to match the EMI, speculators are finding it difficult to maintain the property.

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Artical about "SUCCESSION CERTIFICATE"

SUCCESSION CERTIFICATE

The Indian Succession Act 1925, deals with the succession certificate. The relevant section are 370 to 390 Part X of the act.

The Succession certificate is representative in nature.During one’s lifetime one might have lent money or acquired securities. He might have not have recovered those debts or money due under securities, when he was alive. When such a person, a creditor dies, somebody should recover such debts or money from the borrowers, which is generally done by the legal heirs, of the deceased. The law has facilitated this process and section 370 of IndiaSuccession Act provide for issue of Succession certificate in such cases.

But the issuance of Succession certificate has some limitation. The Succession certificate cannot be granted in respect of any debt or security to which rights have to established by letters of Administration or Probate as per Sections 212, 213 of Indian Succession Act.

As per the section 212, 213 of Indian Succession Act.

As per the section 212, no right to any part of the property of the person who has died without making a Will, can be established in any Court of Law unless letters of administration are obtained from a court of proper jurisdiction. Similarly no right as an executor can be established inany Court of Law unless a competent jurisdictional court grants probate ofWill.

But it should be borne in mind that the Succession certificate does not finally adjudicate as to the legal succession. The certificate simply authorizes some person to recover the debts and as stated earlier it is merely representative in nature. All the money recovered and obtained has to be disposed off as per the rights of the persons who are finaly entitled to it. The Succession certificate serves dual  purposes, it prevents debts from being timebarred, on account of disputes among the legal heirs and helps the borrowers,who can discharge the debts by paying to the representative of the deceased, whichprovide a valid discharge. At certain times the court will insist on the security from the person to whom certificate is granted as source of indemnity to the persons ultimately entitled for such moneys. The grant of the certificate does not confer any title on the grantee.

The word debt has a wide meaning than generally understood. An amount due under life insurance policy is a debt and succession certificate can be obtained. Likewise amounts under provident fund; bank deposits, are alsocovered under debts. A share certificate is a security under which money is dueand court grants succession certificate. However, in one interesting case (Ranchhoddas V s Govindadas Banetwala(1976) 78 Bomb LR 219: (1976) the court held that succession certificate cannot be granted in respect of gold jewels pledged by the deceased in a bank as there was no element of debt in that transaction. Ithas been made clear in the Succession Act that no court shall pass a decreeagainst a debtor of the deceased person for payment of debt to a personclaiming, on succession, to be entitled to the assets of the deceased person orany part there of except on production of Succession certificate with theparticular debt specified therein.

Any person who has beneficial interest in debt, or security of the deceased can apply for Succession certificate provided he is a major and of sound mind. A guardian appointed under Guardians and Wards Act can also apply for Succession certificate. Any application for Succession certificatehas to be made to the district court in accordance with the procedureprescribed by the code of civil procedure.

Succession certificate can also be revoked in some instances; like, the proceedings were defective in nature, the certificate was obtained by making false suggestion or concealing some information, thecertificate was obtained by means of untrue allegations, the certificate hasbecome useless, inoperative on account of circumstances that a decree or order made by a court in a suit or other proceedings with respect to the effects of debts and securities specified in the certificate renders it proper that the certificate should be revoked.

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Artical about "Developers cannot hold on conveyance deeds"

Consumers court orders: Developers cannot hold on conveyance deeds

In a series of significant court orders that might came as a relief to thousands of housing societies languishing without a conveyance deed the consumer court recently held that a developer can no longer hold on to conveyance on the grounds that he has to carry out further construction on the plot. Morc than 80% of the housing societies in Mumbai do not havethe conveyance deed for their building, the document transferring the plot tothe housing society or the flat purchasers.Most developers do not execute the conveyance deed as theywant to exploit the redevelopment potential of the plot or any additionalconstruction rights on the plot in future.

In three recent cases that had come up before the consumer court, developers argued that their rights to any open space or further development will be retained by the developers. The court not only ruled infavour of the society in each case but also slapped a heavy penalty on thedevelopers for defaulting on conveyance.

In Prithvi Enclave Society verses Prithvi builders, the court recently asked the developer to execute the conveyance within four months failing with he will have to cough up Rs.2000/-per day of the delay.

According to one of the residents, the society was formed in 2001 and for years the developer didn’t bother to either get an occupation certificate for the building or execute the conveyance deed in the name of the purchasers forcing the society to move the consumer forum. The court held that unless thedeveloper subm its specific building plan approved by the municipalcorporation, he cannot with hold conveyance to the society. The consumer court has also ordered the developer to pay sum of Rs 12.13 lakh to the residents.

Similar orders were passed in Silver Arch Spring Society versus Sneha builder and in Pleasant Palace Society versus Jain builders. In case of Silver Arch Spring, the developer has not only been asked to shell out a certain sum as penalty but also has been ordered to pay interest on registration charges collected from the society.

Just last year, the Maharashtra Ownership of Flats Act was amended so as to makie it mandatory for the developer to execute the deed within four months or the residents can apply for a deemed conveyance with the competent authority. However, till date not a single file has been cleared under the amended Act.

According to property lawyers unless the state governmentsimplifies the procedure for deemed conveyance, it will remain only on paper. “Right now residents have to submit 36 documents in addition to running from pillar to post to get the deemed conveyance. The recent court orders are important, in that they make it clear that developers can’t use flimsy excuse of wanting to build further on the plot for not executing the conveyance deed.

How to recover property when it is unified and subdivided with adjacentproperty

A owner of a plot in possession of the property for more than 15 years and with proper documents, applies for a fresh computerized Khata certificate. Much to his shock, in reply, he gets a notice from the Revenue department saying that his property is already unified with the adjacent property and also subdivided and new pattas issued to the new owners. What does he do to recover his property? The case involving B. Ullasavelan and the Collector ofKancheepuram went like this. Mr. Ullasavelan purchased the land measuring 50 cents and was granted patta in 1991. He was in possession of the property and had been paying the land tax. In 2007, he applied for encumbrance certificate from the period between 1981 and 2007 and obtained the certificate. When he subsequently applied to the Tahsildar for a fresh computerized patta in his name, he was shocked to receive a notice.

Not only was his application rejected, he was told that his land measuring 50 cents had been unified with adjacent property and subdivided. In addition, pattas were granted in respect of those sub-divisions in favour of other individuals. Mr. Ullasavelan immediately submitted an appeal to the Revenue Divisional officer with a copy to the When no notice was issued to the purchaser who lawfully purchased the property, it amounts to deprivation of his right to property. Collector and gave a complaint to the commissioner ofPolice. He also filed a writ petition to quash the proceedings of the Tahsildar and direct the tahsildar to cancel the unification of the land and subsequent subdivisions. He also prayed that a computerized patta be issued to him.

Hearing the arguments and going through the records, the Court observed that the petitioner had valid possession of his property and the chitta and adangal register carried his name till 1988. It also observed that on perusal of the relevant records, theproperty was wrongly included in the subdivisions and the tahsildar’s order waspassed without any notice to the petitioner. Therefore, the court ruled that the manner in which his subdivisions were made cannot be sustained and the order issued by the tahsildar is exfacie illegal and arbitrary exercise of powers. A direction was issued to the respondents to issue computerized pattas in the name of the petitioner within a period offour weeks from the date of receipt of a copy of the order.

Ratio Decidendi

“When no notice was issued to the petitioner before unification and subdivisions are made in the property lawfully purchased by the petitioner, it amounts to deprivation of his right to property. Hence the orderpassed without affording any opportunity amounts to facie illegal and arbitraryexercise of power and liable to be quashed.

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An Artical about "Nand Flats at Ahordable Prices"

Nand Flats at Ahordable Prices

With real estate rates  not going down as fast as expected, some builders have started shrinking the size of the flat instead. This practice is especially followed in projects beyond Mumbai. Predictably they are being sold as ‘Nano” flats. Asked if size of the flats would get smaller yet if the slow down continued, one of the developers said they would not bring down the carpet are below 200 sq.ft. to 180 sq.ft. which he felt would not be conducive to proper living.

Take for instance Neptune Group’s project coming up inAmbivli near Kalyan. The scheme has 2BHK flats with a carpet area of 387 sq.ft and 1 BHK flats with a carpet area of 233 sq.ft., with the builder is selling at the rate ranging between Rs. 1,499/-and Rs.1,599/- per sq.ft. In 1 BHK flats, the hall is 82 sq.ft., while the bedroom is 78 sq.ft., and the kitchen measures 38 sq.ft. In 2BHK flats, the dimensions are slightly bigger.

Though smaller flats are a big hit in the lower-middleclass, according to the housing guide lines, the carpet area of a single unitcan’t be less than 169 sq.ft., anything smaller would amount to poor livingconditions. To ensure better living conditions and safety, the size of the kitchen can’t be less than 60 sq.ft., the size of the living room should at least be 120 sq.ft., Bathrooms and toilets should be a minimum of 30 sq. ft. If the smaller flats, the demand for which is high in times of a slowdown, can keep the economy of builders moving, both builders and people will go for it. Architects and planners say affordable houses for the lower-middle income groupshould have a carpet area of 300 sq.ft., or more.

Tanaji Malusare City is constructing 15,000 flats at Karjat with carpet areas of 160 sq.ft., 225 sq.ft., 325 sq.ft., and 400 sq.ft., under its ‘social housing projects’. About 6,000 flats will be given for MMRDA’srental housing scheme, while the rest of the flats will be for sale. The cost of the flats ranges between Rs.2 lakhs and Rs. 7 lakhs. The MMRDA recently awarded similar schemes to two other developers, including HDIL, outside Mumbai.

According to Thane-b ased Ram Estate Consultant, builders have realized that oeple in Thane and Navi Mumbai have increasingly started asking for 1-2BHK flats, a trend which was earlier restricted to Mumbai. He attributed the development to the current economic slump. Another developer said that his scheme was designed after a survey which indicated that there was a demand for such Nano flats.

In order to make housing even more affordable, he added that residents on the first three floors were not allowed the use of lifts and those staying on the forth floor and above would have to pay maintenance to avail the facility.

Greenery lor small space

Greenery around us leads to the advantages of antipollution, environment friendly measure which gives us oxygen-rich air to breathe in, where health benefits for the body and cosmetic benefit for healthy and glowing skin is also integrated.

Lots of ways are there to green small spaces and if you livein a small space and have a small home and no sprawling graden, you need islittle imagination and effort to have the pleasure of greenery. If a tiny ground is fronting your home, create a small patch of green by filling it with fertile soil and planting a few plants which won’t grow into large trees requiring big space. There are plenty of potted plants just ideal for tiny spaces, where you can create a small garden in your balcony or terrace. A smallsculpture in an affordable material placed in between the plants looksattractive. A floor lamp will also enhance the beauty. You can also hang lantern above the plants from the ceiling. If you have a tiny backyard, you can add a series of grooves with plants there.

If you feel you don’t have the space or time to tend a setof plants, space or time to tend a set of plants, then just add one simplecreeper or plant in a small corner with a small sculpture in the niche above itand a small and elegant overhead lamp or a painting hanging on the wall aboveand this will also make a pleasant green comer.

If your lifestyle necessitates long stay away from home and absolutely no access to green plants, there are some plants which can do without watering for long periods of time and also use dried flowers and ferns in a small comer for a similar effect.

When there is absolutely no space on the floor or balcony,then the window sill is a good option as a space for placing a fewslow-growths, small-size plants. Another option is hanging plants, these can be placed just outside the entrance or in the balcony either overhead or suspended from the railing.

Another location for greenery in such space-cramped homes would be a study table or a corner of the kitchen counter. Small desktop plants can be accommodated in these locations. Terrarium is a kind of garden which has a zero-maintenancewhen once it is installed. It is often found in large homes but given that itoccupies only a small area, it is ideal for homes short of space as it is likea small indoor garden by itself. Terrariums are bottle gardens. 

However, they are not to be confused with plants growing out of a bottle as for e.g., the Terrariums contain a plant or several small plants, complete with supporting soil all contained within a glass case and growing within this moist enclosed space. Since a clear glass case with lid is an ideal option, youcan even use old or discarded aquariums or any wide-mouthed glass pitcher forthis. Slow-growth plants are ideal for terrariums and generally speakingflowering plants are not suitable.

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ARTICAL ABOUT "TAX DEDUCTION ON HOME LOAN INTEREST"

Tax deduction on Homeloan interest

Incentives are offered under the Income tax Act on the investment in housing properties. Incentives come by way of deduction of payment of interest on the borrowed amount to buy or construct the house. Provisions relating to such deductions are provided in Section 24 of the Income Tax Act. The interest paid on a housing loan can bededucted from out of the taxable income of an assessee according to thisSection. The interest is permitted both on an accrual basis or due basis even if it is not actually paid in the year of accounting. To claim the deduction the assessee has to present a certificate from the lender to whom the interest has to be paid on the borrowed capital pointing out the amount of interest paid or payable.

The money should havebeen borrowed for acquiring the property or for constructing the property orrepair of the property. Interest paid on a new loan taken to repay another existing loan is also permitted. The amount can be deducted in five equalinstallments starting from the previous year in which the house is acquired orbuilt.

The first installment has to be deducted in the year of completion of property construction or the property is acquired and the remaining four installments in the four following years. Deduction for the full year is allowed even if one day is left in theyear.

The maximum amount that can be deducted is Rs.1.5 lakhs. The money should have been borrowed on or following April 1, 1999 for acquiring it or for the construction. It isnecessary that such acquisition or construction should have been finishedwithin three years from the end of the financial year in which the capital wasborrowed. It has to be certified by the lender that the interest is payable for the loan advanced for acquiring or constructing the house.

The deduction amount is limited to Rs.30,000 if the money has been borrowed prior to April 1,1999. The date when the construction was started is not important. It is important onlythat the construction is completed within three years from the end of thefinancial year in which the money was borrowed. It is also not necessary that the whole cost be financed though loan. Any portion of the cost of the house can be financed through loan.

It is advisable for purposes of tax to borrow and build or purchase instead of using one’s own fund. The reason is that if one uses his own fund he will not get any tax deduction from his total income.

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An Artical about "Land allocation for judges"

Land allocation for judges

The Maharashtra Government had denied having bestowed any favour while allotting land to two societies in Bandra (East) housing sitting or retired High Court Judges. A sitting Chief Justice and a Supreme Court Judge who were elevated from the High Court here are members of the societies.

The States’ July 2011 reply was filed in response to thecourts directions while bearing a public interest litigation alleging that theState Government changed the reservation to accommodate the judges. A Division Bench headed by justice B.H. Mariapalle on March 2011, issued notices to the State Government as well as the Nyayasagr. Co-operative Housing Society and Siddhant Co-operative Housing Society. The state was asked to clarify if allotment was illegal or in accordance with the policy. The judges exhorted for assurance stating that the petition will be examined on a par with any other. As this is a petition against then, they shall scrutinize it with more probity. The matter did not come up for hearing thereafter.

The Affidavit which was filed by Rajendra Surve, JointSecretary, Revenue and Forest Department, said the allegations wereirresponsible and fanciful. An attempt to gather publicity and ought to bedismissed at the threshold with compensatory costs.

Surve said that there is nothing illegal, improper or irregular in the allotment of the land by the State Government to Co-operative Societies of Judges. Land to two societies formed a small part of plot of 25,000 sq.m. Further 4,300 sq.m of land was originally reserved for a court and changed to Judges and Judicial staff quarters. This reservation was lawfully deleted. The land was allotted to Siddhant Co-operative Housing Society.

Surve said an area of 10,000 sq.m. was originally reservedfor housing the dishoused and the reservation was lawfully reduced orrestricted to 1,000 sq.m and the balance 9,000 sq.m. converted to residential. He said that of the 9,000 sq.m. approximately 1,400 sq.m. was allotted to Nyayasagar Housing Society.

Also some 1,390 sq.m and 1,020 sq.m. were allotted to Renuka and Sindhuratna Housing Societies, whose member include Civil and Government servants and MLAs. The remaining 1,000 sq.m. has been handed to the BMC for housing dishoused. The BMC was handed an area of 3,700 sq.m. for a recreation ground and 5,357 sq.m. for a road.

Surve said the reservations does not impose a requirement toprovide accommodation for homeless as the petitioner seeks to project or eventhat the entire plot is to be used for such purpose. The premise that the land meant for the homeless was allotted to judges is therefore false. The government did not hastily allot any plot contrary to reservation or change any reservation.

The Joint Secretary said the allegation that land was allotted to judges at nominal or throwaway price and without being asked is mischievous and denied the concessions were offered to both societies. Until2006, the revenue department fixed an adhoc land value pending finaldetermination of the exact rate of the Town Planning and Valuation Department. IT would require an undertaking from allottee that the difference between adhoc value and final value would be made good with interest. During May 2006 this policy was revised and allotments made with reference to the ready reckoner rate. The adhoc value of Nyayasagar was Rs.22,5001-per sq.m. For Siddhant, the rate was Rs.30,0001- per sq.m. in 2007. The allotment of land is strictly inaccordance with pricing pattern followed by Government in respect of all othersocieties.

Sureve explained that there was no embargo upon judges orany other allottee letting out his or her flat. A July 1999 government resolutionpermits it with the condition that license fee be paid to the Government. Thishas been duly complied with in the case of the allottees of the two buildings.  The GR permits allotment of Government land to Co-operative societies. There is no reason why judges should be excluded said Surve and added that judges have been allotted lands in the past too.

All Complaintsagainst builders now go online:

In a move that could raise the hackles of builders but introduce more transparency, the state environment department has started displaying complaints against builders and action taken against them on its own website.

“If any individual files a complaint against a developer in connection with the environment, the letter and subsequent action initiated are immediately posted on the environment department website, “Valsa Nair-Singh, Secretary, environment department, told Tor. Nair-Singh said, “Instead of running from pillar to post to know what action has been taken, any complaint, with the click of the mouse, can check the case’s status.”

Mantralaya Mandarians said the move comes after the controversial Adarsh cooperative housing society scam, which came up after environmental and other violations, despite repeated complaints. “There were many complaints against Adarsh when it was coming up, but it still came up. No one knows what happened to the complaints. But the environment department initiative is good as it will enchance the systems of keeping records of such complaints,” a senior Mantralaya official added.

Indian Police Service Office rturned-lawyer Y P Singh said, “If the environment department is not going to repeat Adarsh-like mistakes, it is welcome,” Singh said environment related complaints in connection with Adarsh were made in 2008, but the department acted a year later, only after the scam about the controversial society was exposed by Tor.

Housing SocietiesVoting Pattern Supreme Court Verdict

In a recent judgment delivered, the Supreme Court has given its verdict in a litigation on the matters of Co-operative Housing Societies. The dispute raised is whether there are possibilities of the byelaws of a Co-operative Housing Society curtailing the voting rights of different members of holding separate flats in the building. The Supreme Court emphatically said NO: It is one flat, one vote.

We are witnessing cropping up of multi-flat family problem throughout India in various housing societies where different wings of a family purchase independent flats in the same building. This allows them the privacyof a nuclear family and the support of a joint family. For the Society,however, this agreeable setup can have its own problems. Since the fmily owns anumber of flats, a little cartel is formed and this influences voting patternsin the society. As a result, one housing society in Mumbai decided to restrict votingrights to one vote per family regardless of the number of flats owned bydifferent members.

A dispute arose among the members of Merry Niketan Co-operative Housing Society Limited at the time of preparing the voter list. A provisional list of voters listed the names of 35 members while preparing the final list of voters, the Managing Committee resolved that in accordance with the Society’s byelaws, a member holding more than one flat would eligible for one vote only. At the time his was announced, there were objections from those whose family members  held more than one flat.

At the time of elections, when these members filed theirnominations, their nomination was rejected. Hence they appeal to the DeputyRegistrar of Co-operative Societies only to have their appeals dismissed. Thematter reached the Bombay High Court, which rules against the society. Thematter then went right upto the Supreme Court.

Justice S B Sinha and Justice Harjit Singh Bedi on Novermber 2007, held that Section 27 of the Maharashtra Co-operative Societies Act, 1960 (Act) clearly provides for one vote per member. The Court observed that even though the objective behind ‘ one family one vote’ may be laudable, it is necessary to see whether sucha concept is provided for under the Act. The Courtheld that when the Legislative Act provided for it, no bye-law could create anotherconcept to defeat the legislative intent. The appeal was dismissed.

It is common knowledge that the prices for Mumbai’s residences are hitting the sky. A recent survey of Iomega-cities across the world indicates that Indian financial capital i.e. Murmai  has registered the highest percentage leap in  properly prices since 2005.

I RANK		CITY	GROWTH	RATE
(Most Expensive)			(Dee 'OS-Jun'lI)	Per Sq. Ft
	-
	l.	Hong Kong	98%	$ 2,200
	2.	London	32%	$ 1.200
f--
	3.	Tokyo	44%	$ 1,350
	4.	Singapore	123%	$	960
	5.	Paris	49%	$ 1,200
I--
	6.	Shanghai	143%	$	660
f--
	7.	New York	7%	$	850
f---
	8.	Sydney	27%	$	620
f----
	9.	Moscow	94%	$	760
	10.	Mumbai	154%	$	510
--

The World Class Cities Index based in London, in the recent survey listed real estate average property rates in Murnbai increased to 154 percent since December 2005, Apart from Mumbai, the cities to have triple digit percentage growth are only Shanghai and Singapore. And the City of New York hadthe least increase over the same period being 7 percent. Yolande Barnes, head of Sa vilis Residential Research the real estate adviser said that the extra ordinary residential price-growth, depite the 2008 downward correction in Mumbai, is unsustainable. She further said that the Mumbai’s prices are socially decisive. That exponential price rise is symptomatic of the high levels of wealth creation in the city. As is the way when cities come on to the worldstage and adject from being National Capital to World Class Cities, houseprices in Mumbai have become unaffordable for many ordinary people. There is awidespread feeling that Mumbai’s housing market is a bubble waiting to burst (Seethe given Table).

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