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This is the list of survey numbers issued by the collectors office for those affected by the recent forest land issue in Mumbai. -
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54 comments:
Hey Vinod,
Many Thanks for the info. I'm a NRI and have brought a flat which is under construction in hiranandani estates Godbunder survey no 170/1 and 172/1. Could you please tell if this also comes under forest land ? I'm clueless.
Cheers,
Sharon
Hi Sharon,
The entire Hiranandani Estate at Ghodbunder Road is reported to be on forest land.
If you have already registered the sale deed, then you are safe as the onus will be on the builder. However if you have not done so, then sadly, the government has stopped registering sale deeds for this and lot of other projects.
I hope this information is useful to you.
Thanks for visiting my blog and leaving a comment
Hi Vinod,
You have put me in a worry situation now, and I repent for investing in Hiranandani estates. Thought they are genuine builders and it will be much safer to invest with them than the others.I have also paid 20% of the property amount to the developer and have not registered the flat yet as its still under construction and they are awaiting for the CC. I have got an official mail from hiranandani saying that the bldg that we have booked in is not coming under any forest land and they have also mentioned that if we want to confirm the same with the Govt authorities , the survey number is mentioned 170/1 & 172/1. I guess, they are only partially under forest land and not the whole 200 acres land. What do you think will happen in such a scenario in worst to worst case? What do u think will the supreme court decision be for people residing in such bldgs ?.Awaiting ur reply.Can you suggest what shud I do to verify the email that they have sent is genuine .I cannot do anything much as I am based out of India.
Thanks,
Sharon
Hi Sharon,
If you have received an email communication from them confirming the status of your flat then just to make it official you can request that they send you a letter to the same effect on their letter head. This will protect you in the future.
Also, if you can get the sale deed registered, then it will confirm that the flat is definitely not on forest land. You say that they have not yet received the CC, therefore the delay in registering the sale deed. You need to check this aspect as CC is granted right at the time of commencement of the project. Actually the builder can not start construction unless CC (Commencement Certificate) is issued by the Municipal corporation.
If this is the case, then you need to take action as suggested above in the first paragraph and get written proof of the sale transaction.
Thanks for writing.
Vinod Chand
Hi Vinod,
Thanks for your reply. When we had booked the flat, they had given me an allotment letter saying the flat is alloted to me and in the meantime if they do not get all the approvals before the possession date, they shall give us all the money back without any interest. Whenever asked for the CC they said they have many bldgs which are under construction and will take time to get approvals for the CC, but they have got all legal permission from the TMC to start the construction they say.
I'm unable to contact them over the phone, I heard that CBI has raided their office over the employment provident fund.
Thanks,
Sharon
Hi Sharon,
You know the old saying, it never rains, it pours. This seems to be true for the Hiranandani's at the moment.
You heard right about them being investigated for Provident Fund fraud. They are also under investigation for Income Tax evasion as the money they were supposed to pay to Provident Fund was actually shown as expenses in their books of accounts. This is a double whammy for them.
They might have got approvals from the TMC but according to news paper reports TMC has claimed that it had issued several stop work notices to them.
A report in today's news papers actually points to more than 90% buildings in Thane being illegal!
Therefore I don't know where all this will ever stop.
I will advice you to send them a letter in writing under proper proof of delivery (Registered AD) from your current location asking them for confirmation about your flat. This will help you in future dispute resolution too.
Thanks for writing.
Vinod Chand
Hi Vinod,
Thanks for the info.I have sent an email asking Hiranandani to send an official mail confirming that the bldg that I have purchased the flat is not coming under any forest land area. I hope to hear from them with regards to it. If you have any updated news on the forest land issue , request u to kindly keep me posted on the same. Do u know when is the hearing of the forest land be ?
Cheers,
Sharon
Dear Vinod
I bumped into your blog while seeking more information on forest area.
If the article on survey numbers of forest area mentioned is correct,i presume the whole of Hiranandani Estate is not under forest area.
I live in Hiranandani estate,and i checked up the survey number of the land on which my building is constructed and the survey number of the land does not find any mention in the newspaper article.
I guess it is time an official intimation comes in mentioning all survey numbers of forest lands.It would go a long way in clearing all doubts.
Dear Sir,
I too have heard that the entire Hiranandani Estate is not on forest land. And what you say about releasing the plot numbers to public is very true.
But the Government of Maharashtra is full of crooks of the highest order. They try to hide as much information as possible from the public, therefore the current mess. If people knew that their homes were being built on disputed land, they would not have purchased them in the first place. The builders, land owners (mostly politicians) and the government has benefited at the cost of ill-informed citizens.
Maybe you can use RTI to get to the actual plot numbers and where these are located to put the matter to rest once and for all.
Thanks for visiting and posting your comment.
Regards
Vinod Chand
Can anyone tell me where can i get the survey number details of Borivali area on the net?
Dear Sir,
Maharashtra government is one of the worst when it comes to giving information. It should have published a complete list of plots affected by the Forest Land issue, but it has done nothing of that sort.
Therefore, it is very difficult to get the plot numbers for any particular area unless you apply to the revenue department under RTI Act and specifically ask for this information.
The list of plots that you see on my blog has been taken for a popular newspaper that carried what I believe to be a partial list only.
Thanks for writing
Vinod Chand
Dear Vinod
The list of survey nos of plots does not seem to be comprehensive.It will be helpful to know the names of the societies/buildings falling in that zone. Where can one get such information.By the way I reside at Yogi Nagar Mulund west and the survey number is 258 which does not appear in the list. Who can confirm that this does not fall under forest land? Can you please enlighten me regarding this. Will be much thankful.
Dear Shardan,
The list on my weblog is from what appeared in a popular news daily. I am sure this is not a comprehensive list.
I have tried to scrounge the web for a complete list but it is no where to be found.
You can only get the complete list either from the Revenue Department or the Forest Department of the Maharashtra State Government as they must have provided the list to the court while arguing the case. You can use your RTI Act to get this information. Meanwhile I too am trying to get hold of this list. Keep reading and visiting my weblog for updates.
Thanks for visiting and writing back.
Regards
Vinod Chand
Has the government stopped registering sale deeds for only under construction or also for resale properties ?
This is with reference to the status quo not to create any third party rights in respect of flats built in the classified area ?
Hi,
If your property is on the forest land as per the survey numbers available with the Registrar, then it does not matter whether it is first sale or re-sale, it will not be registered.
When the court said status-quo it means the status should not change for the disputed property and it applies to all concerned.
Regards
Vinod Chand
Daer sir I am planning to buy a property in Neelkanth Greens,Near. Tiku-Ji-Ni-Wadi, Thane-west, Majiwade. Please let me know the status about forest lanf issue about this property. Thanks.
Chetan
Dear Sir,
Today is 18/08/2008. When is next hearing date in supreme court for Forest land problem? What you expect in this hearing?
Mayur Bhanushali
From what I gather, the next date for hearing is 22nd August in the Supreme Court.
What will happen, only time will tell. The Maharashtra Government is filing an affidavit for allowing the buildings to stay after paying a penalty ranging from 0.70 to 1.40 rupees per square foot of apartment area as afforestation charges. This would translate to 700 to 1400 rupees for a 1000 square foot apartment.
You will have to wait for the Supreme Court to announce it's judgment on the 22nd though.
There was a Supreme Court hearing on August 22nd about the Forest Land issue.. what was the outcome of the hearing? What is the current take on buildings that are in the forest land issue, can we continue to buy/sell in those areas?
I BOOKED A FLAT IN THAKUR VILLAGE AT KANDIVALI EAST IN N.G. SUNCITY APTT. 'E' WING OF RNA BUILDERS I PUT LOAN PAPERS OF THE SAME IN SBI BANK AND IT CAME IN TO BANK LAWYER SEARCH THAT THE BLDG. IS SUPPOSED TO BE ON PRIVATE FOREST LAND BUILDER IS INSISTING TO PAY STAMP DUTY NOW ENLIGHTEN US THAT WE SHOULD PAY THE SAME OR NOT HOW WE CAN KNOW ITS REVENUE/SURVEY NO . TO ENSURE THAT TITLES OF THE SAME IS CLEAR OR NOT?
Dear Mr. Sairam,
When you go for registration, the registration office knows whether the flat is on forest land or not as they have the complete list of survey numbers.
If NG SunCity is on private forest land, the registration office will not accept your papers for registration.
Regards
respected mr chand
we are in delimma to buy a property in kandivali east mumbai whose some areas fall in forest land. There are two societies we are interested in ; gundecha and ekta meadows of which builder of ekta claims to be free of forest issue and gundecha falls in forest land but this one is more comfortable due to its proximity to gundecha school and markets etc . we are confused .What is the latest on forest land issue and will we be able to register our flat of gundecha valley of flowers ? please help we are new to mumbai.
waiting for your reply
anamika.
Dear Neetu,
You can take a signed affidavit from the builder confirming that their building is not on forest land and that if at any later date it is found otherwise, they will refund your entire purchase price with interest to you.
Regards
Dear Vinod,
We wanted to buy a property in NG Suncity Phase 111, Kandivali East.
Builders claim they recently got a forest NOC (some notice is hanging on their display board to that effect). However, it seems HDFC is not approving any loans for that project or any loans for that builder (RNA). SBI, LIC, BO, ICICI they are all approving loans other than HDFC. I heard HDFC is supposed to have the best due diligence and does not approve a project until and unless all papers are in order. Builders claim they have a corporate problem with the bank. How can I find out the real reason? What documents could I ask for from the builders to ensure it is a 100 per cent legal project?
Vinod Sir,
I am interested in buying 1 BHK at D wing of NG Sun City Phase III, Kandivali E. But i am confused as is it under forest land or not, and even if it is and if i buy what are the consequences of the same. And i wanted to know your personal opinion weather i should go or not and according to you what rate is good Rate. What are the documents i need to see with the Builder before going. I would be really glad if you reply.
Hi,
Where can i find illegal building construction list at Ghodbandar road. I purchased one flat at ghodbandar road but don't know how to check the building is under forest area or not
Hi Sohani,
If you are able to register the flat that you have purchased on Ghodbunder Road, then it is not on forest land.
Government officials have the list of buildings that are on forest land. Unfortunately they are not releasing this list in the public domain. I am sure corrupt builders are preventing this list from becoming public.
Regards
Dear Vishvesh,
NG Suncity is rumored to be on forest land.
Approach the registrar at Borivili office to find out the truth. If they are registering flats in this project, you can go ahead and buy.
Rates in Kandivili have come down to about 4500/- per square foot. In my opinion they are still very high. A fair price would be around 2500-2750 but a good price would be around 3000 adjusted for inflation.
Regards
Hi Vinod
I have booked a property at Thane ( Lodha CASA UIVIS). Registration is not yet done for the same.Wanted to know wether property falls under Forest Land.Im not aware about the survey number,are there ways on how could find the same.
Thanks
Nancy
Hi Nancy,
Lodha Casa Univis seems to be out of forest land issue. Why don't you find out the survey number from the builders themselves and approach the registration office at Thane for clarification?
Also, why registration has not taken place till now? Is the builder delaying the issue? If so, you may also want to check whether the building is affected by CRZ regulations as it is close to the Thane creek.
Regards
Thanks Vinod for the update
I have recived an official letter from Lodha asking me to prepare DD for stamp duty and registration.
So does that mean that my property is genuine.
Also wanted to know, is there something called as Temproray agreement and permanent agreement. What are the factors that i need to keep in mind while undergoing the agreement procedure....
Looking ahead for your revert.
Thanks
Nancy
Hi Vinod,
I have read the blog and i found it really very useful. Thanks alot for your consultation. I have got pretty good idea about forest land issue, but still I am curious to know about a specifidc builder. I am thinking of buying a flat in NG Suncity Phase II or III from RNA builder in Thakur village, Kandivali east at rate opf 5600 per sq. feet. I am aware that the land is under forest are,but builder and brokers said that it has got NOC, though they have not showen any proof of it. My broker said since registration of this building will be done by Govt only so it is a valid land and also govt doesnt register forest land. He seems to be valid over this point but since they are not showing me NOC proof its difficult to agree on what they are saying.
I am confuse please suggest me should i go for NG Suncity or not?
Hi Rohu,
Thanks for visiting my blog and glad to note that you found it informative.
As for NG Suncity is concerned and in general all projects based of forest land, the consensus that is emerging is to allow the buildings to remain after paying an afforestation charge.
If the property is being registered, it may not fall on forest land as collectors have been given specific instructions earlier not to register such a property. But then the government may just turn around and say that they accepted the deed due to an error on their part. The fact that a deed has been registered and stamp duty paid does not make it legal.
The builder is not showing you the NOC because he does not have one as the entire case is sub-judice in the Supreme Court of India. You will have to wait for the air to get clearer.
In my opinion, if the purchase can be avoided, it should be. I am sure there are other options available in Kandivili where this problem is absent.
Regards
Vinod Chand
Dear Vinod,
Thanks for some valid information over the internet. I'm also worried on this issue. I'm live in Kandivali east, Lokhandwala township. Nobody have any idea if we are living on 'forest land'.
I found you have accepted the 'system' here that government could accept or deny on their wish. We are paying property taxes as well as all other taxes to government. Registered the sale deed with fees to the government. How could govt deny one day that it was a error? Govenment is the custodian of laws. If there is any error on their part then it is their(Govt) problem and they have to take responsibility.Our courts are also good for nothing. I know this is 'andher nagri' but I advise don't accep this.
Hi,
Many thanks for visiting my blog.
If you have ever been to a registration office or to any government department, it is mentioned that having a registered document is no proof of its validity. You can in practice get any document registered. The department has no method of checking whether the document for the same property has already been registered or not. All you need is two parties that are willing to sign the documents and pay the fees! Unfortunately, this is the fact as of today. Corrupt builders take advantage of this system and are known to sell the same flat to multiple parties with each party having a registered document!
When the government department fails in its duties you can take them to court, but as you rightly said, even the courts take their own time and are sometimes as corrupt as the government departments.
The best recourse is to do an independent title search with a law firm which can be cited in case of any trouble later on. This is the standard practice adopted by large companies when they buy any property.
Regards
Dear Vinod,
We are planning to purchase one flat in RNA NG Suncity Phase II. To update you, the society got registered & flat is also getting registered by govt. Kindly suggest.
Dear Sunil,
The fact that society has been registered and flats are being registered is no guarantee that there is no problem with the land title deed.
It is best to get an independent certificate to the clearance of land title deed and status.
The registration office, if you may have noticed, has no system to check whether the document for a flat being registered has already been registered by them! They are just blindly registering the documents as long as there is a buyer and a seller and some one is paying the duty!
Hi Vinod Sir,
I am planning to buy a Flat in Akruti Greenwoods, Pokhran Road No 1, Thane. I am worried whether it falls in Forest Land. Can u pl help me Regrading this.
Thanks
Vasundhara
It is best to find out from your local registration office whether they are registering flats from your area. If yes, then to a certain extent you can be assured that the deal is safe.
It would be in your interest to get a title deed search done through a competent law firm to make sure that the plot of land is clear of all encumbrances.
Hello,
I have purchased 2BHK in Soham garden's Fairytale project at Manpada Godbunder road, Thane. Can you please tell me is this project has forest land issue.
Hi Vinod
I wish to purchase a flat in Kalpataru Hills, opp. Tiku ji Ni wadi,Thane.Does it come under forest land or it is clear.
sanjeev
Hi Sumeet,
My apologies for taking time in replying to your query, I was traveling and did not access to the Internet.
To answer your query, you will need to ascertain whether
1. The builder has obtain a CC (Commencement Certificate) from the local municipal body.
2. Whether the flats are being registered at the local registration office? If yes, then you can safely assume that the building is not on forest land.
3. Whether banks are giving loans to prospective buyers in this building? If yes, then that too is an indication that things are safe.
From my knowledge of the area, this is a tricky area and you need to be careful before you take the buy decision. You can ask for an indemnity from the builder for protecting you from any later action by the government.
Hi Vinod
I wish to purchase a flat in Kalpataru Hills, Thane.HDFC is giving loan on it and even the flats are being registered.However, as per a legal report from one of the advocates, one of the survey nos. 259/1 under the project falls under forest conservation. The title is shown to be clear and marketable.The builder says theres no forest land issue and even the HDFC says the same. What should i do? Can u pls. reply urgently.
Dear Sir,
As HDFC and Kalpataru are giving you an assurance and as the documents are being registered, you can safely enter into an agreement with the builder.
You can, for your own safety, ask the builder to give you an indemnity deed protecting you from any action / loss to you in case there is any litigation in the future regarding the property being on forest land.
This will protect you in the long run.
Dear sir,
I want to purchase house in NG SUNCITY PHASE II ,is this building come under forest land and is there any problem applying for home loan
Dear Mr. Pranav,
If you read the other comments you will find your answer.
In short, if the builder is able to register your agreement and pay stamp-duty then it is safe to assume that NG Sun City is not on forest land as the Registrar is not accepting agreements for buildings on forest land.
Anyway, you can take an indemnity bond from the builder to protect yourself from some problem that make come up later.
Hi Vinod,
Do you know any rule or act that binds Residential construction limit near forest Area.
hi, good site very much appreciatted
I have read the responses here by Mr Vinod Chand. I must say they are very helpful. His clarity on the issues and the way he responds to the questions are indeed very helpful.
As on May end 2011 what is the latest on forrest land issue for GN Suncity?
... the earler corrospondence has been helpful. By the way, I just spoke to their site office, and was informed that the issue has been resolved and that they have the Occupation certificate. Do we still need to ask for an indemnity?
Dear Yasmin,
Many thanks for your words of encouragement.
Indeed if the occupation certificate has been obtained, the title is clear as far as municipal records are concerned.
As per my information, the Supreme Court has not yet pronounced its final verdict on the case.
Therefore you may have to wait for some time for more clarity on the issue.
Hi Vinod,
great insight into forest land issue. I have a query-
1. can i buy a property which is in forest land.
2. This is 10 year old property.
3. The property agent told me, he will register flat in my name by paying some additional amount.
4. Existing owner says, he will sign an indemnity bond - does this has any value (i am assuming he does not have money).
rgds,
sk
Sir
RNA Suncity Phase II, is it OK to buy a resale flat in this project. Are all the papers OK like forest land clearance, clear title, etc. so that I can avail loan from Banks. Please guide me in the matter of things to check before I buy a flat in the RNA Suncity project in resale.
Thanks in anticipation of your valuable guidane.
Hi Vinod,
I want to buy a property in thane, Manas Anand. This property falls under forest zone as per the broker but he has confirmed that the builder has paid the penalty and will be given the clearance in March 2012. Just wanted to know, would it be a good option to buy a property like that? Also, few banks like ICICI are giving loans, but not all. I am in a total confusion as I liked the property very much but not sure whether it is worth the risk. Please assist.
Regards,
M
Hi Vinod,
We are planning to buy a resale flat (10 yrs old) at Hiranandani Estate. This building is in forest land with survey no 155/2(P),7,8. The flat is registered by the owner. Pl advice if we should go ahead. Omly ICICI Bank is giving loan.
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