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.”
 
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.
 
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’shome 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.
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.
Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s