Residents of Planet Godrej, a nine-acre gated enclave at Saat Rasta, Central Mumbai, have dragged the developers, Simplex Realty and Godrej Properties, to court for failing to convey the plot to them. The plaintiffs, comprising three of the five housing societies, said their agreement stipulated that the developer will convey the land to the societies within four months of completion of the project.
The Maharashtra Ownership of Flats Act (MOFA) states that the builder must convey the right, title and interest of the land and buildings to the flat purchasers (housing society) within four months. Planet Godrej was completed four years ago; yet, the conveyance has not been done.
Providing relief to property taxpayers, the Bombay High Court, in an interim order, has directed some property owners to go by the old regime and to pay 25% of the differential amount.
A bench of Chief Justice Mohit Shah and Justice
MS Sanklecha, in October 2013, admitted a petition filed by Atash Behrams, Agiaries and Religious Institutions Welfare Society which challenged the validity of the new property tax structure introduced earlier in the year. Under the new system, the tax is calculated on the basis of the capital value of a property, and the age of a building, its location and use are taken into account. Experts contested the new ‘flawed’ system that could push up the tax by 300% or more.
Bombay Hospital, a charitable institution, was the first to assail the hike in court, challenging the system and the Rs2-crore bill for 2010 to 2013. Several petitioners challenged the new property tax structure as ‘unconstitutional, exorbitant and confiscatory’.
On 23 December 2013, the HC directed the state, once again, to file its reply.
Coming down hard on the Tamil Nadu Housing Board (TNHB) for its decision to convert a parking lot allotted to the Belly Area Scheme Welfare Association into commercial/residential sites, the Madras High Court said that TNHB had completely lost sight of the purpose for which it was created. Stressing that its purpose was not to raise revenue but to ensure housing at a reasonable price for those who did not have a home of their own, the Court ordered the TNHB to restore possession of the area earmarked as a garage to the Association within two weeks.