Punjab and Haryana HC orders swift construction of Chandigarh flats for employees
Author : PNT Bureau
The Punjab and Haryana High Court has ordered the Chandigarh Administration to start constructing flats under the UT Employees Self Financing Housing Scheme 2008 within two months, to be completed within a year. Successful petitioners must take possession two months after completion, provided they pay the remaining amount and increased construction costs. The land cost remains at INR 7,920 per square yard. The court ruled that the administration and board cannot retract promises, and delays are not the petitioners' fault. The scheme covers flats in Sectors 52, 53, and 56 of Chandigarh....
Gurugram court sets aside MGF's plea on land dispute with M3M and others
Author : PNT Bureau
A Gurgaon court dismissed real estate developer MGF's plea against a compromise agreement between M3M and a land-owning company. The May 27 order ruled that MGF lacked standing as it was never the land's owner or possessor. MGF's 2022 lawsuit sought to challenge a 2016 compromise deed and Lok Adalat award, claiming dishonoured cheques invalidated the agreement. However, the court highlighted MGF's delayed filing beyond the statute of limitations. The court reaffirmed the validity of the original compromise decree and exchange deeds, upheld by multiple courts, emphasising the importance of timely legal actions and proper standing in civil litigation....
UP-RERA sets model format for possession letters to protect allottees
Author : PNT Bureau
The Uttar Pradesh Real Estate Regulatory Authority (UP-RERA) has introduced a standardised model format for offer of possession letters to prevent arbitrariness by promoters and resolve potential disputes with allottees. Promoters must use this format, available on the RERA portal, without adding any binding conditions, and send the letters within two months of receiving the Occupancy or Completion Certificate. This initiative aims to ensure transparency and fairness in the possession process, protecting the rights of homebuyers....
Delhi High Court orders DDA and MCD to penalise illegal encroachments
Author : PNT Bureau
The Delhi High Court has instructed the Delhi Development Authority (DDA) and the Municipal Corporation of Delhi (MCD) to create a framework for penalizing illegal encroachments on public land. This move aims to hold encroachers accountable and ensure public safety. The court emphasized the need for precise calculations of penalties based on factors like area and market value of the encroached land. This directive follows a case against an eatery, highlighting the broader issue of public space misuse in Delhi. The court's decision is seen as a crucial step towards addressing rampant encroachments and protecting pedestrian safety....
Supreme Court reviews Gujarat's Land Grabbing Act amid misuse concerns
Author : PNT Bureau
The Supreme Court of India has issued a notice to the Gujarat government in response to a legal challenge against the state's strict Land Grabbing (Prohibition) Act, 2020. The law aims to curb illegal land acquisition but faces criticism for potential misuse. The case involves three Rajkot brothers accused under the Act, whose proceedings are temporarily halted by the Court. In May, the Gujarat High Court upheld the Act's constitutionality despite petitions arguing it lacked presidential approval and imposed excessive punishments. Critics worry about the law's potential for personal vendettas and its severe penalties. The Supreme Court's ruling will be pivotal for land rights and anti-land grabbing laws in India....
Chhattisgarh CM outlines post-election development plans
Author : PNT Bureau
Chhattisgarh Chief Minister Vishnu Deo Sai addressed the public in Balod, highlighting the government's achievements during 100 days of governance and future plans post-election code of conduct. Sai emphasized the approval of 18 lakh houses under the PM Awad Yojana and a two-year bonus of INR 3,716 crore to over 12 lakh farmers. Prime Minister Narendra Modi's recent visit marked the inauguration of projects worth INR 34,400 crores across various sectors. Despite election constraints, Sai committed to addressing public demands once restrictions are lifted, focusing on infrastructure improvements and economic growth to create job opportunities and foster self-reliance....
NCLAT upholds Adani Goodhomes resolution plan despite 93% haircut for creditors
Author : PNT Bureau
The National Company Law Appellate Tribunal (NCLAT) has upheld the approval of Adani Goodhomes' resolution plan for the realty firm Radius Estate, despite a significant 93% haircut for creditors. The two-member NCLAT bench rejected the petitions filed by two dissenting financial creditors, stating that it was the "commercial wisdom" of the Committee of Creditors (CoC) to approve the payout to different creditors. The National Company Law Tribunal (NCLT) had earlier approved Adani Goodhomes' resolution plan, which received an 83.99% vote from the CoC and ensured 100% recovery for around 700 homebuyers without any price escalation. The dissenting creditors argued that the plan was "unfair and inequitable," but the NCLAT dismissed their claims, saying the NCLT had duly considered all relevant factors in approving the resolution plan....
KRERA orders developer to handover common areas to homeowners' association in South Bengaluru
Author : PNT Bureau
Karnataka's Real Estate Regulatory Authority (RERA) has issued a significant ruling, ordering a developer to hand over the possession of common areas to the homeowners' association in a south Bengaluru project. The developer, Mahendra Homes Pvt Ltd, had obtained the occupancy certificate and completed the project, but failed to form an association as mandated by the RERA Act. The authority found that the developer charged unreasonable maintenance costs and threatened to disconnect essential services. Despite the execution of a Deed of Declaration, the developer did not complete several promised amenities and failed to provide individual electricity meters. RERA has now ordered the developer to complete the pending work and transfer the common areas to the association, addressing the persistent issues affecting homeowners in the state....
Haryana DTCP suspends approvals and targets illegal fourth floors on residential plots
Author : PNT Bureau
Haryana's Department of Town and Country Planning (DTCP) is targeting unauthorized fourth-floor constructions on residential plots, potentially leading to demolitions and cancellation of occupancy certificates (OCs). Following the February 2023 halt on new "stilt-plus-four floors" approvals due to infrastructure strain concerns, the DTCP faces numerous complaints about illegal constructions. This policy, adding around 825 sq. ft per house, prompted resident welfare associations (RWAs) to voice concerns, resulting in a court case and an expert committee review. Homeowners with unauthorized constructions risk serious consequences, while those with pending approvals await further government directives....
Karnataka High Court bans commercial parking on residential plots, orders BBMP to implement Parking Policy 2.0
Author : PNT Bureau
The Karnataka High Court ruled that an empty plot in a residential area cannot be used for commercial parking. The court directed the BBMP Chief Commissioner to report on the implementation of Parking Policy 2.0 by June 20. The ruling followed complaints by HSR Layout residents against Nagendra for renting out his plot for parking, causing noise, pollution, and traffic issues. The court criticized the BBMP and traffic police for inaction, stressing their duty to enforce regulations even on private properties. The judgment underscores the need for effective implementation of parking policies to address Bengaluru's parking challenges....
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