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Urban Planning

‘BMC won’t pay for Juhu plots’

Friday, 26 November 2010 11:21 administrator
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Hindustan Times  26.11.2010

‘BMC won’t pay for Juhu plots’

Buckling under pressure from the Opposition party, the ruling Shiv Sena has decided to acquire the plots designated for public amenities in Juhu area, but free of cost. The civic body will not let the open spaces go back to its current owner, the Juhu Vile Parle Development (JVPD) Cooperative Association. However, mayor Shraddha Jadhav has raised question over the ownership claims of the plot.

“The JVPD association has no right to serve the purchase notice to the civic body and ask for money as all plots designated public amenities are owned by the Maharashtra Housing and Area Development Authority,” said Jadhav.

“We will communicate to the state government through municipal commissioner Swadheen Kshatriya to acquire the plots, without paying a single penny.”

Meanwhile, the association stands firm on their decision about serving a purchase notice.

Harit Desai, a committee member of the association, said, “All plots reserved for public amenities in JVPD are owned by the association. If the civic body wants to acquire these, they will have to pay market price.”

Jadhav said the final clearance to these purchase notices will to done in civic general body meeting on Friday.
Municipal commissioner Swadheen Kshatriya said they have written to the state government asking them to guide the BMC.

Opposition leader in the BMC Rajhans Singh alleged: “The mayor has taken some advance from the party to delay the process, which would result into lapses the reservation of the plot.”

Last Updated on Friday, 26 November 2010 11:22
 

Court attaches HUDA property

Friday, 26 November 2010 10:38 administrator
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The Times of India              26.11.2010

Court attaches HUDA property

 PANCHKULA: High drama prevailed at sector-6 Haryana Urban Development Authority (HUDA) head office on Thursday when district court officials reached there and started impounding HUDA property, including official cars, furniture and other things. Later in the evening, HUDA officials deposited Rs 50 crore amount with the court to get it back.

Petitioners alleged that in 1992, HUDA had acquired their land in sectors 25 and 28 but did not pay full compensation yet. They approached the court, which attached six HUDA showrooms in sectors 8 and 23 and official vehicles.

HUDA had decided to pay Rs 1,10,000 per acre for the acquired land. Not satisfied, the affected villagers moved court, which decided the amount as Rs 62 crore, Rs 4 lakh per acre. When HUDA failed to pay the amount, the court attached its property.

However, this is not the first time. In an another case, court had put HUDA's Sector 6 main office on sale, freezed its fixed deposits and attached 17 official vehicles after HUDA falied to pay residents of Chowki village in Panchkula, whose land was acquired.

The petitioners had alleged that HUDA acquired land of farmers of Chowki village for developing residential sectors but did not compensate them. Estate officer Ashwini Sharma said, "They had deposited the amount with the court. He added they were ready to pay the amount but calculation of tax on the compensation takes time."

 

Pvt developers can collect plot maintenance charges

Friday, 26 November 2010 10:37 administrator
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The Times of India                26.11.2010

Pvt developers can collect plot maintenance charges

GURGAON: A recent Supreme Court judgment has upheld the plea of DLF and Ansals, the biggest private developers in Gurgaon, to collect maintenance charges from plot owners in their jurisdiction. In its judgment dated November 19, the apex court held that the director of town and country planning (DTCP) had no authority to direct developers to stop charging the fees and it also set aside the Punjab and Haryana High Court judgment, which had upheld the directives earlier issued by the department.

The court said, The director is not authorized to interfere with agreements voluntarily entered into by and between the owner/ colonizer and the purchasers of plots/ flats. The agreed terms and conditions by and between the parties do not require the approval or ratification by the director nor is the director authorized to issue any direction to amend, modify or alter any of the clauses in the agreement entered into by and between the parties.

Earlier, the DTCP had issued orders asking the developer to delete the provision extension fee and maintenance fee from the agreement entered between the developer and the plot/ flat buyers as the same is not permissible under the law. It had also directed the developers to stop charging extension fee and maintenance fee from the plot/flat holders and the charges recovered on account of both from them may be refunded to the government immediately.

It had further asked the developer to stop allowing the transfer of plots after obtaining full payment from the plot and flat owners and to ensure immediate registration of conveyance deed.

Later the private developers challenged the order in the Punjab and Haryana High Court, which upheld the governments directives. Subsequently, the High Court order was challenged in the apex court.

Delivering the decision, the bench comprising Justice B Sudershan Reddy and Surinder Singh Nijjar said: The directions so issued by the Director suffer from lack of power. It needs no restatement that any order which is ultra vires or outside jurisdiction is void in law, i.e. deprived of its legal effect. An order which is not within the powers given by the empowering Act, it has no legal leg to stand on. Order which is ultra vires is a nullity, utterly without existence or effect in law.

 
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