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amanishsshah-blog · 5 years ago

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amitbwadhwani · 4 years ago

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Whither RERA? Three years on, rough edges need ironing out

The Real Estate Regulatory Authority (RERA) was brought in to crack the whip on dodgy builders taking unsuspecting homebuyers for a ride. The results are mixed

In March, 2016, Parliament voted into law the Real Estate (Regulation and Development) Act—RERA—a legislation that held out the promise of placing consumers at the center of a new rules-based framework for India’s property market.

RERA, midwifed by two governments—UPA II and the NDA II—between 2009 and the 2016, was necessitated by the growing misery of tens of thousands of harried homebuyers.

Unsuspecting individual customers often complained about getting the short end of the stick, as many builders, some dodgy and some reputed, exploited regulatory gaps by not delivering promised apartments on time or reneging on size and quality, or sometimes, simply vanishing after collecting funds.

RERA’s primary purpose, apart from defining rules, was to build trust among buyers and builders in a market where opaque deals thriving in grey payment systems operating outside the legitimate financial system had become commonplace.

For instance, customers would often find that the actual size of an apartment would be about 30% smaller than what was originally promised. The reason: “super built up area”, an arbitrary concept that builders used to charge customers for shared spaces such as common passage area, stairs and other areas.

Fund diversion had become a rampant practice in the realty sector. Many builders, large and small, would collect money from consumers for apartments, a part of which would then be channeled to buy land for another project. The net effect: never-ending project delays. This was going on without any checks and balances, and builders had developed the `consumers- be-damned’ attitude. For the banking sector too lending to realty projects became a risky proposition, as project delays resulted in mounting loan defaults.

RERA was brought in to address these. Three years later, experts reckon, the results, at best, are mixed.

RERA RULES

Under RERA, builders are required to disclose details of “carpet area”, which is the actual apartment’s size, design, structure, layout, time of completion and other project specifications well in advance.

The rules make it mandatory for any project exceeding 500 square metres with eight or more apartments to register with a state’s real estate regulatory authority (RERA) before launching or even advertising a housing scheme.

Also read: Where’s my house? NCR’s Notorious Construction Record

Registration of real estate agents or brokers have also been made mandatory with clear responsibilities and functions. The punitive provisions include de-registration of the project. If the builder defaults on promises made at the time of the launch, the buyer can approach consumer fora in case of disputes with real estate developers. The penal measures were aimed at serving as a deterrent for builders to short change customers and ensure timely project delivery.

It is also now mandatory for builders to park 70% of funds collected from buyers in an escrow account, implying that these funds can only be withdrawn for the specific project for which these were collected.

Under the central law, each state was required to set up its own RERA that can draw upon central rules applicable in union territories.

Maharashtra was the first off the block with MahaRera in May 2017, with other states soon following suit with their own institutions.

MORE THAN A REGISTERING BODY

RERA’s role is not limited to just as a registering agency for realty projects, but was designed to evolve into a body empowered to even complete stuck projects or even allow buyers’ groups to take over unfinished projects.

Three years later, experts say, RERA’s record on this front remains below par. The RERA Act’s Section 8 empowers the authority, buyers’ association or an appropriate government organisation to execute unfinished projects, but arranging funds and buyers’ cooperation remain a critical challenge.

The Amrapali Group, which has unfinished projects peppered across Noida and Greater Noida, is a case in point. The Supreme Court, which which is hearing a batch of pleas of 42,000 home buyers against the embattled group for failing to give the possession of flats, had asked the Noida and Greater Noida Authorities whether they will be able to complete the projects. The authorities responded that they did not have the capability to handle projects of such big scale, but suggested that perhaps UP RERA could take these up.

“While it (UP RERA) certainly cannot complete projects by itself, it can find appropriate solutions by approaching competent authorities or even appoint a project management consultant to finish these,” said Kumar Mihir, lawyer, representing Amrapali homebuyers.

LEAKING ESCROW

Sound as it may appear on paper, in practice, however, too many instances of leaks in builders’ escrow accounts have come to light.

“The problem in most cases has arisen not because of shortage of funds but because monies collected from homebuyers have been siphoned off. This is because builders have exploited gaps in RERA rules of some states. For instance, the Uttar Pradesh RERA rules do not mandate parking funds in an escrow account for projects that started before May 1, 2017. Had it applied to all ongoing projects before May 1, 2017 the funding for most of the incomplete RERA projects would have been sorted,” said a lawyer who did not wish to be identified.

The RERA rules framed for the union territories had categorically stated that promoters of ongoing projects are required to set aside 70% of funds collected for specific project in a separate escrow account.

Some states such as Uttarakhand, Orissa and Bihar have adopted the central RERA rules. Maharashtra and Gujarat rules stipulate that only 70 percent of funds collected in the future, after May 01, 2017, have to be kept aside in an escrow account. The Uttar Pradesh RERA rules are silent, which builders have taken advantage of to siphon off funds.

BUYERS AS BUILDERS

Exasperated buyers are now beginning to come forward to turn builders themselves. RERA rules allow this and the few cases, if successfully tested, can well serve as the proof of concept for this model.

The Maharashtra real estate regulator has already come with a standard operating procedure (SOP) that allowed homebuyers to remove a developer in case the project is not completed on time.

The SOP allows a homebuyers’ association that enjoys the backing of at least 51 percent of its members to remove the developer from a much-delayed project. It even empowers the association to even cancel the developer’s registration under the MahaRERA Act.

Last year, the UP RERA decided to consider a proposal by defrauded homebuyers to take over and complete a project in Noida that had been delayed by several years.

“Prima facie, this appears to be an excellent move and will also set a very good precedent. But, it is also very important to know (a) how the project will be funded and (b) if the builder has taken more money than what work has been done by him and how RERA plans to recover the excess money from him,” said Abhay Upadhyay, President, Forum For People's Collective Efforts.

Experts, however, sounded a caveat. Authorities taking over incomplete projects should be an exception, rather than a norm because under RERA a builder should adhere to the rules, with strict penalties for violation. Also, it may be difficult for RERA to undertake a project from scratch.

“Doing something from scratch is very difficult. We will not advise it. It all depends on the size of the project and should be taken up on a case-to-case basis. It is not something that can be applied across the board,” said a lawyer who did not wish to be identified.

CRISIS OF CONFIDENCE

RERA’s institutionalisation was predicated upon customer centricity. The state bodies were expected to play the role of a strict referee that would instill the fear of law among deceitful builders.

Three years later, customers say, the job remains half done. The two main issues that homebuyers face today are to do with lack of confidence about execution of RERA orders by realty companies, and multiple forums for grievance redressal.

A mere RERA registration does not guarantee that a project will be delivered on time. An under-construction project, therefore, continues to remain a risky bet despite RERA.

“This is because RERA authorities are not taking proactive steps to ensure that all provisions are being complied with by the builder, nor are they monitoring the progress of the projects. They should ensure that projects are granted extension only under exceptional circumstances”, said Upadhyay, president of Fight for RERA, an umbrella body of homebuyers.

There are also instances where realty companies have given different timelines to homebuyers and the authority. “A builder cannot change timelines. At best, he can only ask for a one year extension from the regulatory authority. If the builder changes timelines he is liabile to pay penalty. Authorities should be on their toes to address the issue,” said lawyer quoted earlier.

What is needed are speedier clearances and cutting down of bureaucratic red tape.

“The government should expedite a single window clearance mechanism for the real estate sector. The clearance and approval process for residential real estate projects has been an impediment for a long time. After RERA was launched, it became all the more important to facilitate smooth clearances and approvals so that there are no execution delays due to procedural hindrances,” said Amit Ruparel, managing director, Ruparel Realty.

Most contracts with homebuyers were changed after RERA came into effect from May 1, 2017. This has complicated timeline commitments.

“For most projects those timelines are almost ending. It is for RERA authorities to now start mapping those projects to see if there are delays and to start sending out show cause notices to developers. RERA’s job is not merely to register a project but also to map the projects and ensure that their timelines are being met,” said the lawyer who did not wish to be identified.

That said, the process is evolving in the right direction, albeit slowly, expert said.

“Things are changing for the better. Generally, players are far more accountable and cannot easily get away with breaking the RERA rules. While the redressal of complaints is not satisfactory for many, consumers are coming forward in large numbers to register complaints across states. The Wild West days of Indian real estate are definitely over”, says Anuj Puri, chairman, ANAROCK Property Consultants.

Project and real estate agent registrations have been rising steadily. For instance, in Andhra Pradesh as many as 307 projects were registered under RERA as on date, a five-fold increase from 61 in November 2018.

Maharashtra is currently the most active state having the highest project registrations with more than 20,718 projects under MahaRERA so far, and nearly 19,699 RERA-registered real estate agents.

Project registration in Karnataka currently stands at 2530 projects and 1342 RERA-registered real estate agents, says data shared by ANAROCK.

Gujarat has 5,317 RERA-registered projects and 899 registered agents and agencies.

“RERA, accompanied by reduced GST rates, has helped in bringing back consumer confidence and the trust factor which the industry lacked,” said Rahul Grover, president, Sales and Operations at Sai Estate Consultants.

This article was originally published in English www.moneycontrol.com

All rights reserved. Any act of copying, reproducing, or distributing this newsletter whether wholly or in part, for any purpose without the permission of Amit B Wadhwani is strictly prohibited and shall be deemed to be copyright infringement.

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risingpakistan · 5 years ago

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Babri Mosque : History, Architecture, & Facts

Babri Masjid was a mosque in Ayodhya. It has been a focus of dispute between the Hindu and Muslim communities since the 18th century. According to the mosque's inscriptions, it was built in 1528–29 (935 AH) by general Mir Baqi, on orders of the Mughal emperor Babur. The mosque was attacked and demolished by Karsevaks in 1992 and ignited communal violence across the country. The mosque was located on a hill known as Ramkot ("Rama's fort"). The existence of the temple itself is a matter of controversy. In 2003, a report by the Archaeological Survey of India suggested that there appears to have existed an old structure at the site. Starting in the 19th century, there were several conflicts and court disputes between Hindus and Muslims over the mosque. In 1949 Hindu activists associated with the Hindu Mahasabha surreptitiously placed idols of Rama inside the mosque, after which the government locked the building to avoid further disputes.

Court cases were filed by both Hindus and Muslims asking for access. On 6 December 1992, a large group of Hindu activists belonging to the Vishva Hindu Parishad and allied organisations demolished the mosque, triggering riots all over India, killing around 2,000 people, many of them Muslim. In September 2010, the Allahabad High Court upheld the Hindu claim that the mosque was built on the spot believed to be Rama's birthplace and awarded the site of the central dome for the construction of a Rama temple. Muslims were also awarded one-third area of the site for the construction of a mosque. The decision was subsequently appealed by all parties to the Supreme Court, wherein a five judge bench heard a title suit from August to October 2019. On 9 November 2019, the Supreme Court quashed the lower court's judgement and ordered the land to be handed over to a trust to build the Hindu temple. It also ordered to the government to give an alternate 5 acre land to Sunni Waqf Board.

Etymology

The name "Babri Masjid" comes from the name of the Mughal emperor Babur, who is said to have ordered its construction. Before the 1940s, it was called Masjid-i Janmasthan ("mosque of the birthplace") including in official documents.

Architecture

The rulers of the Delhi Sultanate and their successors, the Mughals, were great patrons of art and architecture and constructed many fine tombs, mosques and madrasas. These have a distinctive style which bears influences of "later Tughlaq" architecture. Mosques all over India were built in different styles; the most elegant styles developed in areas where indigenous art traditions were strong and local artisans were highly skilled. Thus regional or provincial styles of mosques grew out of local temple or domestic styles, which were conditioned in their turn by climate, terrain, materials, hence the enormous difference between the mosques of Bengal, Kashmir and Gujarat. The Babri Mosque followed the architectural school of Jaunpur Sultanate. When viewed from the west side, it resembled the Atala Masjid in Jaunpur.

Demolition

In April 1984, the Vishwa Hindu Parishad (VHP) initiated a campaign to gather public support for Hindu access to the Babri Masjid and other structures that had been allegedly built over Hindu shrines. To raise public awareness, VHP planned nationwide rath yatras (chariot processions), the first of which took place in September–October 1984, from Sitamarhi to Ayodhya. The campaign was temporarily suspended after assassination of Indira Gandhi, but revived in from 25 places on 23 October 1985. On 25 January 1986, a 28-year-old local lawyer Umesh Chandra Pandey, appealed to a court to remove the restrictions on Hindu worship in the Babri Masjid premises. Subsequently, the Rajiv Gandhi government ordered the locks on the Babri Masjid gates to be removed. Earlier, the only Hindu ceremony permitted at the site was a Hindu priest performing an annual puja.

After the ruling, all Hindus were given access to the site, and the mosque gained some function as a Hindu temple. Communal tension in the region worsened when the VHP received permission to perform a shilanyas (stone-laying ceremony) at the disputed site before the national election in November 1989. A senior Bharatiya Janata Party (BJP) leader, L K Advani, started a rath yatra, embarking on a 10,000 km journey starting from the south and heading towards Ayodhya. On 6 December 1992, BJP, VHP and RSS leaders gathered at the site to offer prayers and perform a symbolic kar seva. At noon, a teenage Kar Sevak (volunteer) was "vaulted" on to the dome and that signalled the breaking of the outer cordon. Soon after, a large number of kar sevaks demolished the mosque.

Aftermath

Communal riots between Hindus and Muslims occurred across India immediately following demolition of the mosque. Rioting in the immediate aftermath resulted in the deaths of an estimated 2,000 people. Six weeks of riots further erupted in Bombay, resulting in the deaths of an estimated 900 people.

Courtesy : Wikipedia

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advocate-lawyer-in-ahmedabad · 22 days ago

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facondevie · 7 years ago

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In 2003 the attacks and rioting continued. In one incident there was an argument over a ball landing in a Hindu temple which led to riots that killed 3 Muslims and injured 35. In another incident a Muslim resident was hacked to death by a local theatre which led to more rioting. Two Hindus on a motorbike were dragged to the ground; one burned to death while the other was stabbed. 6 people were injured and were left in serious condition. The government continued to ignore the violence.

“The latest clashes began on Sunday night in the city's Muslim-dominated area of Chuhapora soon after Muslim resident Rasool Ghanchi was hacked to death outside a local theatre, said PC Thakur, the joint commissioner of police in Ahmadabad.

As word spread, a riot broke out in another Muslim-dominated area, Kalupur - the city's main business district, Thakur said.

Two Hindu youths on a motorbike were dragged to the ground and one was burned to death a few metres from the local police station, he said. The other was stabbed and later admitted to a hospital.

‘Since last night, we have raised security in the... city and four people have been rounded up in connection with burning alive the Hindu youth,’ Thakur told The Associated Press.

An indefinite curfew was imposed in parts of Ahmedabad following the violence.

Six people were injured in the rioting and three were in a serious condition, police told French news agency AFP.

Troubled region

The state government has been accused by national and international rights groups of turning a blind eye to the violence.

Sunday's sectarian unrest came a week after three Muslims were killed and 35 injured in riots set off by a dispute after a ball landed in a Hindu temple during a children's cricket match.

Gujarat has seen sporadic communal incidents since last year when more than 2000 people - mostly Muslims - were killed in riots, triggered after 59 Hindus were burnt to death in a train fire allegedly started by a Muslim mob, on 27 February, 2002.

The state government, run by Prime Minister Atal Behari Vajpayee's nationalist BJP party, has been accused by national and international rights groups of turning a blind eye to the violence.

In an interview with the Financial Times of London last week, Vajpayee pledged to punish the perpetrators of last year's riots.

‘Our public, media and judiciary are following it closely. Justice will not only seen to be done; it will be done,’ he said.

Amnesty call

But London-based rights group Amnesty International has called for immediate action to end illegal detentions and torture, particularly of Muslims, in the region.

In a new report - Abuse of the law in Gujarat: Muslims detained illegally in Ahmedabad – Amnesty chronicles the alleged persecution of Muslims during and after last year’s riots.

‘Information contained in this report points to a systematic pattern of human rights violations being carried out in Ahmedabad with the support of the state government and institutions of the criminal justice system with little or no chance of redress for its victims,’ Amnesty said in the report released last week.

‘It also reinforces concerns about discrimination against Muslims within the criminal justice system in the state.’

A majority of those arrested for the riots have been Muslims, many of whom have pleaded their cases be heard outside of Gujarat as they felt they were being denied justice.

In one of the bloodiest incidents during the riots, a group of Hindu men allegedly attacked the Best Bakery on 1 March, 2002 with petrol bombs and knives, burning to death 12 Muslims.

Twenty-one men charged with the attack were acquitted on 27 June after 35 witnesses retracted statements.

‘Information contained in this report points to a systematic pattern of human rights violations being carried out in Ahmedabad with the support of the state government’. - Amnesty International

Witnesses threatened

A key Muslim witness, Zahira Shaikh, 19, approached the National Human Rights Commission about holding a new trial outside Gujarat because she lied in court after death threats by local leaders of the BJP party.

The commission asked the Supreme Court to look into the matter. The court reprimanded the state government and even asked Chief Minister Narendra Modi to quit if he could not protect Muslims.

Amnesty said its report was prepared after discussions with lawyers and rights activists, most of whom had been harassed and threatened, and not based on interviews in Gujarat as it was still awaiting permission from the Indian government to visit the state.”

#GujaratViolence

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advocatemanishshahind-blog · 7 years ago

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Commercial Courts Advocate in Ahmedabad

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advocate-lawyer-in-ahmedabad · 2 months ago

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Best Land Dispute Advocate Lawyer Ahmedabad Gujarat - Ashish B Desai

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advocate-lawyer-in-ahmedabad · 2 months ago

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Land Dispute Advocate Lawyer in Ahmedabad Gujarat: Your Shield Against Legal Troubles

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advocatepmmodi · 2 years ago

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Section 302 : Punishment For Murder

Whoever commits murder shall be punished with death or 1 [imprisonment for life], and shall also be liable to fine.

भारत कोड: अनुभाग विवरण। जो कोई भी हत्या करता है उसे मौत की सजा या 1 [आजीवन कारावास] दिया जाएगा, और जुर्माना भी लगाया जाएगा।

Section 303. Punishment for murder by life-convict

Whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death.

Section 304: Punishment for culpable homicide not amounting to murder

Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death;

Or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.

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advocatepmmodi · 2 years ago

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Best High Court Lawyer in Ahmedabad

Among the Best Lawyers of Gujarat High Court, Advocate PM Modi and Associates, have been able to undertake the filing and/or defending the Appeal, revision for criminal cases, bail applications for PASA cases – Cheating – Fraud cases, Appeal for Negotiable Instrument Act section 138 cases, special criminal application for POCSO Act, PC-PNDT Act cases, a different type of writ, petition, special civil applications, appeal, Revision application for various type of suits like a contract, property disputes, land revenue matters, specific performance, contract, suit for recovery of possession of properties, declarative suit, testamentary obtaining probate, succession certificate, suit for the enforcement of terms of the Contract, Litigation relating to Property, partnership disputes, Litigation under Rent Control Act, landlord Tenant, Co-operative Housing Society Cases, Family law, Divorce, Maintenance and many more. Advocate PM Modi is one of the Best High Court Lawyers in Ahmedabad.

PASA Lawyer

People committing offenses under the Indian Penal Code and the Arms Act, people acquiring private and government properties illegally, drug offenders, bootleggers, gamblers, people involved in prostitution, cow slaughter, etc. can also be charged as per the PASA Act, 1985, As a Best Advocates in Ahmedabad, we are handling PASA Cases and providing Advocates for PASA Act.

NDPS Advocate

The Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS Act, is an Act of the Parliament of India that prohibits a person the production/manufacturing/cultivation, possession, sale, purchasing, transport, storage, and/or consumption of any narcotic drug or psychotropic substance, As a Top Lawyer in Ahmedabad, we are handling NDPS Cases and providing Advocates for NDPS Act.

POCSO Advocate

The POCSO Act, 2012, The Protection of Children from Sexual Offences (POCSO) Act, 2012 is a comprehensive law to provide for the protection of children from the offences of sexual assault, sexual harassment and pornography, while safeguarding the interests of the child at every stage of the judicial process by incorporating child-friendly mechanisms for reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts. As a Top Lawyer in Ahmedabad, we are handling POCSO Cases and providing Advocates for POCSO Act.

PC PNDT Act Lawyer

The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition Of Sex Selection) Act, (PCPNDT ACT) 1994, Gender Testing is Illegal in India. The PC-PNDT Act was enacted on 20 September 1994 with the intent to prohibit prenatal diagnostic techniques for determination of the sex of the fetus leading to female feticide. The few basic requirements of the Act are : (1) Registration under Section (18) of the PC-PNDT Act. (2) Written consent of the pregnant woman and prohibition of communicating the sex of fetus under Section 5 of the Act. (3) Maintenance of records as provided under Section 29 of the Act. (4) Creating awareness among the public at large by placing the board of prohibition on sex determination. As a Top Lawyer in Ahmedabad, we are handling POCSO Cases and providing Advocates for PC-PNDT Act.

PC Act Lawyer

The whole of India Applies also to all citizens of India outside India. The Prevention of Corruption Act, 1988 (No. 49 of 1988) is an Act of the Parliament of India enacted to combat corruption in government agencies and public sector businesses in India. As a Top Lawyer in Ahmedabad, we are handling Corruption Cases and providing Advocates for PC Act.

Expertise

As a Top advocates in Ahmedabad, we have very good experience and we know how to handle the plaintiff or applicant and defendant or opponent, witnesses during the cross examination and also know how to identified weak section of the petition of reply or rejoinder or summons for judgment or leave to defend as well as entire suits and facts, our team of best lawyers are handling the Property Disputes suit/matter and due to team of good experience advocates we have proven records of some benchmark cases

Offer

As a best law firm of Ahmedabad, Advocate P M Modi and Associates offering legal services for any type Criminal case, Civil Suit, Education Matters, Housing Societies Matters and different writ petition revision appeal. We have Associates for “Prevention of Anti-Social Activities Act”(Lawyers for PASA Act), and “The Narcotic Drugs and Psychotropic Substances Act, 1985”(Lawyers for NDPS Act) and “The Protection of Children from Sexual Offences (POCSO) Act, 2012” (Lawyers for POCSO Act) and “The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition Of Sex Selection) Act, PCPNDT Act” ( Lawyers for PC-PNDT Act) and “The Prevention of Corruption Act, 1988” (Lawyers for Corruption cases)

Result and Benefits

Our clients will get good services from specialized lawyers, Best Advocates and Top Legal Councilors of Ahmedabad, will get good guidance, as well as result-oriented based efforts and thus our good lawyer’s team, may be able to negotiate a compromise with the parties for a lesser loss of our client, Our An experienced Civil lawyers, Criminal Lawyers can give you the best Result for your Criminal Case, Civil Lawsuits, Property Suits, Housing Society Case, different Type of Writ, Petition, Appeal, Revision and also performing in Public Interest Litigation, defend you at Gujarat High Court.

#Best High Court Lawyer in Gujarat #Gujarat High Court Lawyer #Advocate P M Modi

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