Law & Policy

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Kolkata Municipal Corporation enforces stricter rules to prevent illegal constructions

The Kolkata Municipal Corporation (KMC) plans to amend building regulations to prevent the legalisation of unauthorised constructions exceeding 10% of the permitted area. Mayor Firhad Hakim announced a strict stance against illegal buildings, allowing minor regularisation but not for significant plan changes. A senior KMC official highlighted the difficulty of dealing with buildings where entire floors were added without approval. Following a tragedy in Garden Reach, KMC withheld completion certificates for many new buildings due to rule violations. Hakim urged the police to take quicker action against unauthorised constructions and called for a ward-wise campaign to inform citizens about new rules. The KMC aims to ensure strict adherence to building regulations and promote safer, more orderly development in Kolkata....
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SEBI to auction 19 properties of non-compliant companies to recover investor funds

The Securities and Exchange Board of India (SEBI) will auction nineteen properties from seven companies on August 12 to recover funds illegally collected from investors. The companies include Mangalam Agro Products, Sun Plant Business Ltd, and Sumangal Industries. Other firms involved are Sunheaven Agro India, Ravi Kiran Realty India Ltd, Jivan Sathi Dream Projects, and Purusattam Infotech Industries. The properties, located in West Bengal and Odisha, have a reserve price of INR 20.74 crore. The online auction will be conducted from 11 am to 1 pm, assisted by Adroit Technical Services. SEBI advised bidders to verify property details independently....
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New housing initiatives to benefit 100,000 urban poor families in Haryana

The Haryana Cabinet, led by Chief Minister Nayab Singh Saini, approved the 'Mukhya Mantri Shehri Awas Yojana' to provide affordable housing for economically weaker sections. The scheme aims to offer housing to 100,000 families with annual incomes up to INR 1.80 lakh. Eligible families will receive 30 square-yard plots to build homes, integrated with the PMAY-U scheme. Financial aid includes subsidies, loans, and interest subventions. Additionally, the state will implement the Mukhya Mantri Gramin Awas Yojana (MMGAY) for rural residents, offering financial assistance for purchasing residential plots and ensuring affordable housing in both urban and rural areas....
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Maharashtra Government announces 1,056 new homes under PMAY in Nakshatrwadi

The Maharashtra Government unveils plans to construct 1,056 new homes in Nakshatrwadi under the Pradhan Mantri Awas Yojana (PMAY), aimed at providing affordable housing. Concurrently, 1,133 homes and 361 plots have been allocated across various districts including Chhatrapati Sambhaji Nagar, Latur, Jalna, Nanded, Hingoli, Parbhani, and Dharashiv through MHADA's housing schemes. A computerised lottery ensured fair distribution, with Suresh Bansode winning 425 PMAY homes in Chhatrapati Sambhaji Nagar. State Housing Minister Atul Save highlighted modern amenities comparable to private developments in Nakshatrwadi, reinforcing the government's commitment to quality housing. Details on amenities and construction commencement are forthcoming, with a bhoomipujan anticipated soon. This initiative underscores Maharashtra's proactive approach to addressing housing challenges through PMAY....
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Andhra Pradesh abolishes Land Titling Act and introduces free sand program

The Andhra Pradesh government, under Chief Minister N Chandrababu Naidu, has repealed the Land Titling Act of 2022, citing public and media concerns. The new policy includes a free sand program for construction projects, benefiting those with investments over INR 5 crore (USD 600,000) or projects of more than 500 units. This initiative aims to alleviate construction costs and will be in place until a permanent sand distribution system is developed. Additionally, the Civil Supplies Department will secure INR 2,000 crore (USD 24 million) in loans for grain procurement, and further details are being sought from the Agriculture and Cooperation Department....
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Delhi High Court halts builder Shaili Thapar amidst INR 95 crore property dispute

An elderly couple in Delhi, Monica Gogiya and her husband, are embroiled in a legal battle after a real estate deal with Shaili Thapar and his son, Sahir Thapar, went awry. The Gogiyas allege that they agreed to sell part of their Vasant Kunj farm to Thapar for INR 38 crore, but Thapar registered the entire 36,000-square-foot property in his name after paying only INR 10 crore. Despite attempts to halt the registration, the property was transferred on February 23rd. The Gogiyas claim Thapar, with hired goons, forcibly took over their property on March 8th. Thapar, however, asserts the agreement stipulated full payment by February 10th and denies any wrongdoing. The Delhi High Court has temporarily restrained Thapar from obstructing the Gogiyas' access to their property and halted further construction until the case is resolved. This case underscores the risks elderly individuals face in ...
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Chandigarh resident awarded compensation for delayed flat possession

Chandigarh resident Naresh Garg has been awarded compensation for significant delays in receiving his apartment in Omaxe Chandigarh Extension Developers Private Limited's "The Lake" project. Garg purchased a 1,285 sq. ft. flat in December 2015 for INR 56,63,404, expecting possession by December 2019. Delays led to an agreement for a larger unit with a new possession date of July 2021, which was also missed. The State Consumer Disputes Redressal Commission ruled in Garg's favour, ordering the developer to complete the unit within two months and pay compensation with 9% interest per annum, INR 75,000 for stress, and INR 35,000 for litigation costs....
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Builders in Greater Noida face hefty fines over groundwater misuse

Builders in Greater Noida are under scrutiny for allegedly illegally extracting groundwater, triggering potential fines following a National Green Tribunal (NGT) order and subsequent investigations. Environmentalists raised concerns, leading to findings that 38 developers across 41 projects were not compliant with regulations on water extraction. The Greater Noida Authority has proposed fines totaling INR 144.3 crore, calculated at 1% of project costs due to absence of water metre data. Builders argue for fair penalties based on extraction duration and volume. This case underscores the critical need for stringent groundwater management in construction, with implications for environmental sustainability and community welfare....
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BMC to allocate five acres of Mulund Octroi land for Dharavi redevelopment

The Brihanmumbai Municipal Corporation (BMC) is prepared to transfer five acres of the 18-acre octroi naka land in Mulund for the Dharavi Redevelopment Project. This move, disclosed via the Right to Information (RTI) Act by activist Sagar Devre, comes amidst political controversy during the Lok Sabha election campaign. Several politicians, including deputy chief minister Devendra Fadnavis, opposed relocating "ineligible" Dharavi residents to Mulund. With three to four lakh residents needing relocation, this issue underscores the complexity of urban redevelopment and the political stakes involved in Mumbai's high-value real estate landscape....
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Karnataka flat owners call for legal clarity on property ownership and maintenance

Flat owners in Karnataka have urged the State Government to implement clearer laws regarding the title, ownership, and maintenance of group housing properties. They highlight that builders are not transferring ownership of undivided land to flat owners' associations, allowing them to mortgage the land and construct new structures. The Bangalore Apartments Federation and other associations have appealed to Deputy Chief Minister DK Shivakumar for updates to the Karnataka Apartment Ownership Act (KAOA), 1972. Legal experts and owners cite gaps in KAOA, KOFRA, and RERA laws and demand amendments to ensure proper transfer of ownership and formation of owners' associations....
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Odisha Government orders districts to identify and evict land sharks

Chief Minister Mohan Majhi has directed district administrations to identify and evict illegal encroachers from government land. Emphasising the importance of land for public use and development, Majhi stated that squatters must be removed promptly. Revenue Minister Suresh Pujari clarified that the initiative will only target powerful land grabbers and not the landless poor. The reclaimed land will be used for public utilities and development projects. District collectors have been instructed to survey the encroachments and report back. The eviction drive will prioritise the most influential land grabbers, particularly in Bhubaneswar and Cuttack, where extensive illegal occupations have been reported....
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Noida's homebuyers await resolution amid Supertech-Greater Noida Authority dispute

Homebuyers in Noida are facing uncertainty as Supertech's dispute with the Greater Noida Authority delays flat registrations for around 2,000 units. The issue revolves around outstanding dues of INR 900 crore, part of a larger disputed amount claimed by the Authority. Supertech, undergoing insolvency proceedings, has submitted a resolution plan proposing to settle these dues and register flats in Ecovillage 1, Ecovillage 3, and Czar Suites. However, disagreements persist over payment terms and conditions, leaving several homebuyers in limbo after waiting over seven years for registrations. Clarity and timely resolution are critical for addressing homebuyer concerns amid ongoing legal complexities....
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Bengaluru resident wins INR 48.4 lakh compensation for seven-year delay in apartment possession

A Bengaluru resident, Shreyanshu Pavas, won a significant victory from the Karnataka Real Estate Regulatory Authority (KRERA), receiving INR 48.4 lakh compensation for a seven-year delay in the possession of his apartment. Mr. Pavas had booked a flat in Mantri Webcity 2A on Hennur Road in 2013, expecting completion by 2016. Despite paying over INR 63 lakh, he faced immense inconvenience and financial loss due to the delay. KRERA ruled in his favour, emphasising the developer's failure to honour contractual agreements, highlighting RERA's crucial role in protecting home buyers' rights in India....
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Haryana empowers residents with land ownership certificates under Mukhyamantri Shahri Swamitve Yojane

In a landmark initiative, Haryana distributed ownership certificates to over 5,000 residents in Manesar, resolving long-standing uncertainties over Lal Dora lands. These residents, despite living on government-designated land for decades, lacked official ownership documents, limiting their financial and legal security. Under the Mukhyamantri Shahri Swamitve Yojane scheme, beneficiaries now hold property rights at collector rates, enabling them to sell, renovate, or secure loans against their homes. Chief Minister Nayab Singh praised the program's impact, noting over 2 lakh residents statewide have benefited. This move not only fulfills an electoral promise but also enhances lives and stability across Haryana....
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Nagpur faces safety crisis with 199 dilapidated buildings still standing

A recent incident in Nagpur underscored a critical public safety issue: nearly 200 dilapidated buildings across the city pose significant risks. A partial collapse in Ganjipeth last month highlighted the urgency. Despite identifying 240 unsafe structures in pre-monsoon surveys, the Nagpur Municipal Corporation (NMC) has only demolished 41. This leaves 199 buildings, some still occupied, at risk. The Gandhibagh zone alone has 97 dilapidated buildings, with only six addressed. The NMC must enforce vacate orders, provide relocation support, and explore repair options to ensure residents' safety and prevent future tragedies....
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Safety concerns mount as VMC declares 24 blocks in Kishanwadi dilapidated

The Vadodara Municipal Corporation (VMC) faces scrutiny over its Basic Services to the Urban Poor (BSUP) housing schemes due to significant structural issues. The Kishanwadi housing project, consisting of 94 blocks and 3,008 houses, has 24 blocks declared dilapidated, affecting 896 homes. Built between 2010 and 2012, these houses showed defects from the first monsoon season, including leaks and falling plaster. VMC claims poor maintenance by residents, while residents blame substandard construction. Safety concerns heightened after a ceiling collapse in Jambuva resulted in a fatality....
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YEIDA withdraws appeal before NCLAT after Ace Infracity agrees to compensate farmers

The Yamuna Expressway Industrial Development Authority dropped its appeal before the National Company Law Appellate Tribunal against an order that allowed Ace Infracity's bid for Three C Homes. This step resulted from developers' approval to compensate farmers. In January 2021, the YEIDA had canceled the land allotment that was challenged by Three C Homes before NCLT. In January 2023, the court restored land allotment and approved the resolution plan proposed by developers in June 2023. During the bid approval, the court noted that the developers had been approved by the Committee of Creditors, a decision that YEIDA challenged....
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Vatika Ltd to pay INR 5 crore to Haryana RERA for failing to register project in time

The Haryana Real Estate Regulatory Authority (HRERA) has imposed a INR 5 crore penalty on Vatika Ltd for failing to register its Vatika India Next project within the mandated time frame under the Real Estate (Regulation and Development) Act 2016. Despite obtaining a licence in 2013, the developer did not register the project within three months of the Act's notification in 2017. HRERA's chairman, Arun Kumar, emphasised the importance of timely registration for ongoing projects, clarifying that registration is compulsory for projects without completion certificates before 2016. Vatika Group has acknowledged the penalty and committed to compliance with regulatory decisions, citing challenges with project details due to road development issues....
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Supreme Court halts Gujarat HC order on Adani grazing land reclamation

The Supreme Court recently stayed a Gujarat High Court order to reclaim 108 hectares of grazing land allotted to the Adani Ports near Mundra port in 2005. The stay came after the Adani Ports appealed, arguing the High Court's decision violated natural justice by not hearing their counsel. The High Court's order followed a PIL by Navinal villagers, who claimed the land was a vital community resource. The state had promised additional grazing land, but it did not materialise, prompting legal challenges. Adani Ports contended that substantial investments and compensation were already made, and reversing the order would cause irreparable harm....
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Government approves housing for 47,000 families under Mukhyamantri Awas Yojana in Chhattisgarh

Under Chief Minister Vishnu Deo Sai, the Chhattisgarh State Government plans to provide houses to over 47,000 homeless families identified in last year's socio-economic survey. Conducted from April 1 to 30, the survey covered 59.79 lakh families and revealed 47,090 homeless ones. These families, missing from the 2011 SECC's permanent wait list, will receive housing under the Mukhyamantri Awas Yojana (Rural). Registration for the scheme is extended to March 31, 2027. Additionally, the cabinet mandated all state departments to procure through the Centre's GeM portal, ending purchases via the Chhattisgarh State Industrial Development Corporation to curb corruption. These actions demonstrate the government's commitment to addressing homelessness and enhancing procurement transparency....
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Ludhiana Consumer Commission rules against GLADA in residential plot dispute

The District Consumer Disputes the Redressal Commission in Ludhiana penalized the GLADA's chief administrator for failing to deliver a plot with a clear title and basic amenities to complainant Ms. Sushma Lata Bansal. Bansal was allotted a 95 square yard plot in the year 2019 and paid 25% of the cost. Despite this, GLADA did not provide essential services like water and roads and misled Bansal about the plot's legal status, which is sub judice. GLADA also ignored Bansal's requests for resolution and refund. The commission deemed GLADA's actions deceptive and its demand to deduct 10% of Bansal's deposit illegal....
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Noida Authority plans amendments to ensure compliance with FAR norms

The Noida Authority plans to amend bylaws to prevent developers from constructing up to the maximum purchasable Floor Area Ratio (FAR) without prior approval. Developers currently build up to the basic FAR and later add floors, paying fines afterwards. Proposed measures include prohibiting construction up to purchasable FAR without permission and increasing fines from INR 200 to INR 2,000 per square metre. These changes aim to ensure compliance with approved plans, safeguarding green spaces, parking, and building standards. The amendments seek to regulate development practices, enhance project quality, and protect homebuyers' rights in Noida....
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Uttar Pradesh government revises hotel building byelaws to promote tourism

The Uttar Pradesh government has amended its hotel building bylaws to boost tourism, simplifying regulations for establishing hotels on smaller plots. Key changes include removing the minimum land requirement for hotels with 6-20 rooms and halving the plot size requirement for larger hotels to 500 square metres. Hotels with up to 20 rooms can now be built on nine-metre-wide roads in residential areas. The amendments also mandate parking space and setbacks, ensure compliance with heritage site restrictions, and allow flexible design for larger hotels. These changes aim to attract investors, stimulate economic growth, and enhance the state's tourism infrastructure....
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Telangana plans INR 10,000 crore revenue boost through land use conversion

The Telangana Government plans to raise INR 10,000 crore by converting unused industrial land for commercial or residential use, addressing the need for INR 40,000 crore to fund welfare schemes like Rythu Bharosa, loan waiver, and Rythu Bima. Many industrial plots with sale deeds before Telangana's formation remain unused, including 20%-30% in sick and closed industries. A market survey will determine the maximum rate per-acre, estimated at INR 10 crore. The policy will apply to all industrial units, with single-window clearance via TS-iPASS and TS-bPASS. This strategy includes both budgeted and off-budget borrowings, considering FRBM Act conditions....
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Supreme Infrastructure seeks NCLT nod for INR 1,736 crore debt restructuring plan

Supreme Infrastructure India Ltd. has taken a significant step towards financial recovery by filing a petition with the National Company Law Tribunal (NCLT) to approve a new debt settlement plan. The "Composite Scheme of Compromise and Arrangement" received 92% support from creditors, signalling strong confidence in the restructuring. Initially facing a debt of INR 2,200.36 crore, the plan reduces this burden by INR 1,736.36 crore, leaving a manageable INR 464 crore. The company aims to achieve a debt-free status by September 2024 through asset monetization, equity raising, and promoter contributions, marking a fresh start for future projects....
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Residents win green belt battle as NGT orders action against Ludhiana MC encroachments

The National Green Tribunal responded to Ludhiana residents' petition alleging municipal encroachment on green belts, ordering removal of constructions in Model Town Extension and Sarabha Nagar. The MC must comply under district magistrate supervision and submit reports within two months. A joint committee confirmed partial encroachments but no forest land encroachment. The NGT directed removal of identified encroachments, imposed environmental compensation, and emphasised adherence to city master plan provisions. The MC, awaiting the commissioner's return, plans further actions based on NGT directives amid scrutiny of green belt use and ongoing encroachments....
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Land dispute halts Mayfield Gardens handover to Gurugram Municipal Corporation

The transfer of Mayfield Gardens to the Municipal Corporation of Gurugram (MCG) has stalled due to a dispute over a 327-acre land area. While MCG, following the Department of Town and Country Planning (DTCP) directives, seeks the entire 327 acres, the developer, Mayfield Projects, is only willing to hand over 291 acres, citing that the remaining 36 acres are undeveloped and lack essential infrastructure. The developer challenges MCG's INR 5.6 crore charge for infrastructure repairs. This impasse leaves residents facing poor road conditions and awaiting improved maintenance. A DTCP decision or a phased handover agreement is expected soon....
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Real Estate developers urge Finance Minister for key budget reforms

Real estate developers urge the finance minister to boost affordable housing in the Budget through measures like reinstating the credit-linked subsidy scheme (CLSS), revising the definition of affordable housing in major cities, and introducing input tax credit for GST paid. They seek to increase the home loan interest tax deduction from INR 2 lakh to INR 5 lakh and simplify the approval process. The affordable housing segment has declined, with sales dropping from 38% in 2019 to 20% in 2023 due to high interest rates. Developers suggest raising the affordable housing price cap to INR 1 crore in metro cities....
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Delhi High Court demands explanation from L&DO over property conversion delays

The Land and Development Office (L&DO) in Delhi is facing criticism for delaying the conversion of leasehold properties to freehold status. This two-year informal pause, due to an unfinalised standard operating procedure, has led to legal challenges and Delhi High Court involvement. Leaseholders of prime properties are eager for the housing ministry's approval, as the high market values make conversions attractive. The conversion charge is currently 6-10% of land value. The delay affects thousands of properties under L&DO jurisdiction. The situation calls for a balanced approach addressing both government and property owners' interests while ensuring a fair conversion process....
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Andhra Pradesh government accelerates affordable housing efforts

The Andhra Pradesh government, led by Housing Minister K Pardha Saradhi, has announced an ambitious plan to complete the construction of around 1.28 lakh houses in the next 100 days. This is part of a larger goal to finish 8 lakh houses by next March. The minister reviewed the progress of housing units under the PM Awas Yojana scheme and assured full support to the beneficiaries. The government has prepared a roadmap to systematically complete the ongoing projects and has decided to allow stage conversion for 6 lakh units to facilitate faster progress. Additionally, the government plans to utilize fly ash for infrastructure development and closely monitor the projects through monthly reviews with district officials....
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Supreme Court calls for uniformity in builder-buyer agreements to curb homebuyer fraud

The Supreme Court has observed that homebuyers across the country are being defrauded by builders, necessitating uniformity in builder-buyer agreements. The court recently heard a PIL filed by lawyer Ashwini Upadhyay, seeking the creation of a model agreement to ensure transparency and fairness and to restrain builders and agents from engaging in unfair and restrictive trade practices. The bench stated that buyers are being defrauded by builders all across the country, which is why there is a need for uniformity. The court will review the report of the amicus curiae and the objections to it, with the matter scheduled for further hearing on July 19....
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Bombay High Court grants temporary relief to residents of unauthorized settlements in Nalasopara

The Bombay High Court has provided significant relief to around 8,000 residents of 41 unauthorized buildings in Agarwal Nagar, Nalasopara East, by staying their eviction for three months due to the impending monsoon season. The residents approached the court, expressing their concerns and willingness to be evicted only if they received cash compensation or alternative housing. The eviction notices were issued following a directive from the High Court, as the buildings were deemed encroachments on municipal lands. The illegal construction was allegedly carried out by former corporator Sitaram Gupta and his son Arun Gupta without necessary permissions. The case has highlighted the ongoing struggle between the residents and the authorities, with the High Court's stay order providing temporary relief while the long-term solution remains to be determined....
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