Tuesday, September 01, 2009

Another Update on Forest Land Issue in Mumbai

Recent reports appearing in newspapers suggest that the Supreme Court has called for a list of affected parties.

The Central Empowered Committee has arrived at a formula for allowing the buildings on forest land to stay.
This is as per four categories.
  1. Flats constructed before June 22, 2005 @ Rs 8 to 12 per square feet.
  2. Builders who have completed construction before June 22, 2005 but have yet to get occupation certificates @ 8 to 12 per square feet x 5, that is between 40 to 60 Rs.
  3. Builders who have undertaken commercial/factories and residences for redevelopment @ Rs 8 to 12 x 10, that is 80 to 120 Rs per square foot.
  4. Builders with pending construction plans @ 8 to 12 per square feet x 20, that is 160 to 240 Rs per square foot.
Once the data is supplied to the court, people can expect relief after paying afforestation charges as the government has already accepted the recommendations of the Central Empowered Committee.

3 comments:

Unknown said...

I am planning to book flat in Tribeca, Hiranandani Estate, Thane. Building structure is ready and internal work is going on. Buidler is asking 95% payment. CC is awaited from TMC so, no Registration till clearance received from TMC. Builder will issue only allotment letter and Based on same SBI and HDFC ready to finance the project. I understand that Hiranandani builder has signed MOU with SBI and HDFC.
Is this building coming under forest land dispute?

Vinod Chand said...

Sir,

If CC (commencement certificate) is not there then it points to a problem. The building has been built without any sanction. Most probably the building is on forest land therefore the authorities are not registering the flats. It may be possible that the builders have a tie up with the bank.

In your own interest you can have an indemnity clause built into your agreement with the bank and the builders protecting you from any government/court action if the building is later found to be illegal and constructed on forest land. Please consult a lawyer for this. The clause should put the onus of such a loss on the bank and the builder.

Regards

Anonymous said...

Dear Hary1978,

I too am planning to buy a flat at Tribeca in HE, Thane.

1) Have you been able to confirm if the land is part of forest land or/and have you got the indemnity clause inserted in the agreement ?

2) Tribeca agreement mentions that there are two court cases pending from the relatives of the sellers of the (tribeca) land, awaiting judgements. Is it safe to still go ahead and buy a flat here ?

I would appreciate your views and reply on this.

Thank you.

Mukesh

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