Law & Policy

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Delhi High Court Ruling: Acquittal in scheduled offence bars PMLA property attachment

Author : PNT Bureau

The Delhi High Court recently dismissed an appeal filed by the Enforcement Directorate against a trial court's decision to discharge accused persons of PMLA charges after they were acquitted of scheduled offences under the Indian Penal Code. The High Court noted that as per previous Supreme Court orders, the scheduled offence and proceeds generated from it form the very basis for a money laundering charge. If a person is acquitted of the scheduled offence, the foundation of the offence is removed and the money laundering charge cannot survive. Consequently, attached properties cannot legally be treated as proceeds of crime....

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West Bengal State Consumer Commission rules in favour of buyers, asks developer to execute conveyance deed

Author : PNT Bureau

Two flat buyers, Sodipto Chatterjee and Tarun Kumar Ray Chaudhury, had purchased flats in 2012-2014 from developer Tirupati Construction Company, which had an agreement with landowner Ekkori Das to develop the land. However, disputes later arose between Das and the developer, cancelling their agreement. As a result, conveyance deeds were not executed for the flats. The flat buyers filed a complaint with the West Bengal State Consumer Commission seeking execution of deeds. The Commission directed the landowner and developer to do so, relying on a previous ruling that flat buyers should not suffer due to third-party disputes....

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LIT ordered to pay INR 1 lakh for delaying flat possession for 14 years

Author : PNT Bureau

The Ludhiana Improvement Trust (LIT) was ordered by the District Consumer Disputes Redressal Commission to pay INR 1 lakh in compensation to a complainant for failing to provide possession of a flat for 14 years. Despite multiple attempts by the complainant to acquire possession and reschedule installment payments, the LIT did not respond, leading to the complainant seeking legal intervention for possession, rescheduled payments, and compensation. This case underscores the importance of timely delivery and communication in real estate transactions to prevent consumer grievances and legal disputes....

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KRERA orders developer to return plot to initial buyer after eight-year delay

Author : PNT Bureau

The Karnataka Real Estate Regulatory Authority (KRERA) has ordered a developer to return a plot to the initial homebuyer, reversing its earlier sale to a second buyer after an eight-year delay in delivering the property. The case is regarding a plotted development by Vega Spaces called Bella Palms in Belgaum. The homebuyer had invested INR 16 lakh in 2014 but the sale deed was not signed despite him paying INR 9 lakh by 2017. After submitting a revised plan, the developer cancelled the previous allotment and sold all the plots to a third party. However, KRERA ruled in favour of the initial homebuyer, citing the contractual agreement and substantial initial payment received by the developer....

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Gurugram Home Developers Association demands lifting of ban on fourth floor construction

Author : PNT Bureau

The Gurugram Home Developers Association has strongly opposed the Haryana government's February 2023 ban on constructing a fourth floor plus stilt on residential plots. They have demanded the moratorium be lifted as developers have suffered significant losses. In October 2023, the association had suggested reinstating zoning plans requiring adequate open space. The association highlighted how housing supply and many property owners and contractors now face issues as they had taken loans or invested to construct the fourth floor before the restriction was announced....

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Calcutta HC says no building registrations without approved plans

Author : PNT Bureau

The Calcutta High Court, led by Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya, issued a crucial directive prohibiting the registration of buildings without approved plans. This decision was prompted by the collapse of an under-construction building in the Garden Reach locality, revealing its lack of a sanctioned plan. The court emphasised the necessity of adhering to sanctioned building plans to ensure structural integrity and safety. This ruling signifies a significant step towards regulating construction practices and preventing future mishaps in the region....

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UP RERA imposes penalty on homebuyer for misusing legal process

Author : PNT Bureau

In a first of its kind, the Uttar Pradesh Real Estate Regulatory Authority (UP RERA) imposed a penalty on a homebuyer for repeatedly filing complaints about the same issue, despite having received relief. The homebuyer had filed four petitions regarding compensation for delay in registration of his unit in a Noida project, even after receiving possession and over INR 2.68 lakh as interest from the promoter. Seeing this as a misuse of the legal process, the UP RERA chairman imposed a INR 5,000 fine. This landmark action by UP RERA sends a clear message that while it is committed to protecting home buyers' interests, repeated frivolous complaints on issues already addressed will not be tolerated....

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Bombay High Court grants interim stay in GTB Nagar redevelopment case

Author : PNT Bureau

The Bombay High Court has issued a temporary injunction against the Maharashtra government's decision to redevelop 25 housing societies in the Guru Teg Bahadur Nagar (GTB Nagar) refugee colony, known as the Punjabi colony, in Sion. This injunction follows a challenge filed by developer Lakhani Housing Corporation, who had secured redevelopment agreements with some of these societies. The court's decision comes amidst concerns over jurisdictional authority and the legality of the government's redevelopment plan. Lakhani Housing Corporation argued that the decision infringed on their contractual rights and voided existing agreements. The court has temporarily halted the redevelopment plan and scheduled a further hearing for May 8 to examine the matter in detail. As the legal process unfolds, ensuring the residents' access to safe and dignified housing remains a paramount concern....

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Maharashtra's state housing federation pushes for reduced premium on land conversion

Author : PNT Bureau

The State Housing Federation (SHF) has urged the Maharashtra government to slash the premium for converting government land to freehold from 10% to 5% of ready reckoner rates. This move was advocated before Lok Sabha polls and will benefit 5,000 housing societies, notably in Mumbai, Pune, Nagpur, Nashik, and Thane. SHF Chairman Suhas Patwardhan highlights the burden on old societies due to high rates. However, a government official suggests no imminent decision amidst ongoing elections. High premiums hinder urgent redevelopment, as emphasized by Ramesh Prabhu of the Maharashtra Society Welfare Association. Pending applications for conversion await finalized ready reckoner rates....

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Trustee of charitable trust arrested for INR 21 crore fraud in redevelopment project

Author : PNT Bureau

The Economic Offences Wing (EOW) of the city police has arrested Nasli alias Bunny Batliwala (49), a trustee of the HIMS Botawala Charitable Trust, for allegedly conspiring to defraud a developer of INR 21 crore in a property redevelopment scheme. Javed Hussain, the complainant and owner of Reliable Investment and Developers, had entered an agreement with the trust to jointly redevelop a property. However, the trust allegedly sold the property to another party without his consent. The arrest sheds light on the alleged fraud by the trustees, potentially undermining public trust in charitable organizations. The police aim to uncover the full extent of the conspiracy and ensure justice for the complaining developer....