Housing Society Punished for Defying SC

The Bombay High Court has ordered Palm Towers Cooperative Housing Society in Nerul to rebuild the 30 shops it demolished by going against a Supreme Court order. The Society had demolished the ground-level shops in front of its building to regularise two of its illegal upper floors. The shop-owners, refusing to be made scapegoats, approached the HC. The Court asked the Society to reconstruct the 30 ground-level shops, face criminal action for illegal demolition and also lose its two illegal floors. The Society apparently misled the police and the fire brigade using an unapproved plan and got the shops demolished illegally.

 

 

NOTE:
Those seeking help or advice on CHS issues can contact
Moneylife Foundation’s Legal Resource Centre (LRC) ( http://moneylife.in/lrc.html )

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Moneylife Foundation Event: Why every housing society should know the importance of ‘Deemed Conveyance’

Many housing societies are keen for redevelopment but they cannot go for redevelopment for want of conveyance. Advocate KK Ramani, an expert on realty issues, speaking at a Moneylife Foundation seminar, explained the intricacies of the laws governing housing societies
 

Many builders have not conveyed the title of properties to the housing societies in the hope of availing more floor space index (FSI) that may become available, or the benefits accrued to them in case the property is redeveloped. The Supreme Court order to demolish unauthorised floors at Mumbai’s Campa Cola compound sent shock waves through flat owners. Six societies were formed in the Campa Cola compound and despite requests made to the builders for conveyance, the same was not done. At an event organized by Moneylife Foundation, Advocate KK Ramani, who has authored several books on property laws, explained the importance of ‘Deemed Conveyance’, TDR (transferable development rights), redevelopment and other issues and the laws governing them. The session received a tremendous response and the auditorium was packed to capacity.
 

In Mumbai, construction activities are regulated by mainly 2 Acts: Maharashtra Regional Town Planning Act 1966 and D.C. Regulations 1991. The Maharashtra government came out with a special law to enable co-operative housing societies (CHS) get deemed conveyance. A deemed conveyance is a document executed to transfer title of land and building in name of the housing societies, explained Mr Ramani. After receiving complaints against builders for not transferring or conveying the property to the CHS, the concept of deemed conveyance was introduced in Maharashtra Ownership Flat Act (MOFA) amended – on 25 February 2008. The rules were effective from 27 September 2010. However, in Mumbai, where there are more than 23,000 CHS, only 87 have been able to get their deemed conveyance due to several flaws in the new system.
 

MOFA regulates the construction of property, once the conveyance is done the Maharashtra Cooperative Society Act takes over, said Mr Ramani. Under MOFA the definition of flat is very wide. A builder in the past has sold common areas and amenities. There have been cases where the builder has sold terraces and car parking. Judgements in the past have gone in favour of the society. Mr Ramani said that a garage is an attachment to a flat and cannot be sold seperately Developers have been refusing to issue the certificate to housing societies across the state. In Maharashtra, there are 88,000 such proposals pending for last several decades. Mr Ramani who has been appointed by all the six societies in Campa Cola Compound to procure a deemed conveyance for them, pointed out that there are many legal issues that would arise out of the demolition. For instance, he says, only 96 flats will be demolished, so who will have rights to the remaining FSI after the destruction? If the cooperative societies do not have the title to the land, how can they submit plans for fresh development to the municipal corporation? Mr Ramani outlined the procedure for a society to obtain deemed conveyance if the conveyance certificate is still not yet received.
 

Earlier in the session, Mr Ramani gave an over brief of the development of Mumbai and the history of Flat System in Mumbai since 1941. Along with the pace of construction and development, existing housing societies were expanding and thus came the need for redevelopment. Many housing societies which have grown old, the cost of reconstruction has gone beyond the reach of many societies, hence, the need for developers. But when one goes for redevelopment, they need to read the fine print very carefully.

Mr Ramani spoke at length on the different aspects of a redevelopment deals. He spoke about the minimum quorum required for the approval of a developer, the period of development, the security from the developer, alternate accommodation and registration. He cautioned the audience that only after the building is redeveloped, new members should be added.
 

The session was followed by a lively question and answer session.

 

NOTE:
Those seeking help or advice on CHS issues can contact
Moneylife Foundation’s Legal Resource Centre (LRC) ( http://moneylife.in/lrc.html )

User

COMMENTS

sharad

3 years ago

Sir,

What can be liabilities of Developer/Builder in deemed conveyance proceedings?? Where these have been outlines (other than MOFA)

B L Chauhan

3 years ago

Deemed conveyance provisions evoked almost NO interest because of still requiring lots of papers and details.If the Govt desires honestly to help the poor flat owners from excesses of Builders n developers then it should award Deemed conveyance just by stoke of a Pen by deciding a cut off date say 1 jan 1995.All buildings which were issued CC ie commencement certificate before this cutoff date would be deemed to be entitled for the Deed of Title ...GOVT should seriously think about it

Kalyan Skywalk taken over by illegal hawkers?

 A year old skywalk on the west side of Kalyan station is occupied by illegal hawkers, making it difficult for rail passengers to commute freely

Kalyan, one of the busiest stations on the Central Railway network has the third longest skywalk in Mumbai Metropolitan area, measuring 1.4kms. The skywalk at the west side of the station often gets crowded especially during the morning and evening rush hour. To prevent unauthorised hawkers from crowding the skywalk, private security guards are appointed. Besides, the police also take rounds to ensure law and order situation. However, despite all these measures, several unauthorised hawkers have taken over the skywalk and can be seen selling their goods during the peak hours.
 

The year old project, made at cost of Rs84 crore, is costliest skywalk in Mumbai. The construction of skywalk was undertaken by Mumbai Metropolitan Region Development Authority (MMRDA), with an intention of decongesting the areas near railway stations. The main purpose to construct the skywalk is to ease traffic situation at station area of Kalyan, which is also has a vegetable market. Given the traffic and geographical system, it has been the most challenging skywalk project so far, which is listed under the Station Area Traffic Improvement Scheme (SATIS).
 

But, the said skywalk is always occupied by unauthorized hawkers, who block both sides and create immense inconvenience and trouble for pedestrians. During festival seasons the number of illegal hawkers on skywalk increase manifold. As a result, pedestrians are forced to walk on roads below instead of using skywalk, which adds to the traffic congestion. This defeats the whole intention of constructing the skywalk, at a cost of whopping Rs84 crore.
 

Complaints that have been made by public fall on deaf ears, and no action has been taken. The police ignore them.  You can see recent photograph below which was clicked on 23 October 2013, at round 8:15pm. It can be clearly seen that the unauthorised hawking is going on right below the noses of the four police constables deputed on the skywalk to stop illegal hawking!
 

Upon questioning their inaction in shooing away illegal hawkers, the usual reply wisely given by the security guards is that the area where hawking is going on is not under their jurisdiction and that they cannot do any thing about it. The end result is that the illegal hawking is flourishing on skywalks, day and night. Security guards and/or police personnel earn illegal income. The salary paid to them is wasted and the very purpose of deputing them does not solve anything. In fact, the load on traffic police on road increases as people are forced to walk on road instead of skywalks.
 

“I am sure that a similar problem must be faced by other citizens of Mumbai at various places where huge amounts are spent where skywalks are constructed. I am sure that even if this problem is effectively handled and addressed, it will help establish its lost faith in the government. Demands of general public are not too big to solve. It is only the lack of will and red tapism that becomes a hindrance in the way of effective governance. Public, in general, have a feeling that dealing with government for their smallest of issues is next to impossible,” said Advocate Kedar Dighe, a resident of  Kalyan, who wrote letters to all the concerned authorities regarding this issue and also informed the Moneylife Railway Helpline.
 

The problem of illegal hawking is not new to the Mumbai suburban railway stations. But it is the citizens who have to take proactive steps to resolve the issue. “If people do not question or even make an effort to go the station master and lodge a complaint how they can expect solution?” asks veteran Mumbai based railway activist Samir Zaveri.

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