NEW DELHI: It is probably the best news for Mumbai's leading builders who had invested thousands of crores of rupees on buying prime plots to develop flats and residences but got stuck in the environment tangle as the land was classified later as forest area.
After years of uncertainty, the Supreme Court on Monday cleared their construction activity. However, the green light came with two riders — one they must pay the hefty penalty (Net Payable Value or NPV) slapped on them for using forest land for other activities and two, that the constructions would remain subject to further clearance from the ministry of environment and forest (MoEF)
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10 comments:
Dear sir,
as per regular update it become easy to know about subject.thanks for such update
(Net Payable Value or NPV) it will be as per sq fit or what? who is payable builder or flat owner?
we have been staying since 14 years
still conveyance is pending, is it I liable to pay penalty.
Dear Mr. Shyam,
Yes, the NPV value is per square foot.
If your building is under forest land, then even if you have been staying for 14 years, you will have to pay the penalty.
Also, conveyance has nothing to do with this subject and is independent. Now conveyance procedure has been simplified and even a single member can get conveyance after producing any one of the twenty one documents required for conveyance.
Many thanks for visiting my blog.
Warm regards
I've booked a flat in RNA NG Suncity Phase III on saturday 13th March 2010. As of now i'm awaiting for the welcome kit from the Builders. Yesterday, it was brought to my notice about the forest land issues in Thakur Village area.
The builder says they have both oc and cc. Does that mean that the land is cleared from the forest area?
he hasn't given anything in writing yet. I'll get a copy of oc tomorrow and also ask regarding this in the mumbai muncipal department concerned to this.
Is it okay if i have the OC, CC and still if it is in the forest land?
I'm confused.
Dear Akshay,
If you are able to pay stamp duty and register the flat, then you can assume that the forest land problem does not apply to your flat.
From my experience, there have been a lot of queries about RNA Sun City Project and there seems to be a problem as things stand today. But the problem will be resolved very soon as Maharashtra Government has filed an affidavit and a scheme to regularize all forest land buildings after paying a penalty. What you can do is to transfer any such liability to the builder by asking him to pay the penalty at such future date as may arise later. You can take a letter to that effect from him.
Dear Akshay,
Dear Akshay,
I have already got possession of my house in NG Suncity phase 3.
All stamp duty paid and registration done .I guess there is no problem as of data.
However am not sure if after all this there will be some problem in future from government regarding forest land issue.
Jatin
Dear Mr. Vinod,
I have recently read your blogs and found them extremely useful and informative.
We are planing to buy a flat in Kandivili Thakur Village. Can you please update which part of NG Sunicity is clear of forest- land issues? Further, are the nearby projects like Bhoomi Hills, Bhoomi Valley, Akruti Meadows safe in this respect?
I also came to learn that by a new law, all builders must quote as per carpet area, and not by super built-up area. But i have not found any such quote, after talking to agents/builders. Please guide, me how should it make a difference in overall costing, if i ask the seller the rate for carpet area?
Regards,
Pravir
Dear Mr. Pravir,
Many thanks for visiting my web log.
As far as the area you have referred to, if the stamp duty and registration of the flat is taking place, then you can be assured that the building does not come under forest land.
As the entire matter is sub-judice and decision is pending in Supreme Court, it may take some time before the air is cleared on the subject.
As for builders quoting super-built-up area and built-up area and not carpet area, this practice has been going on for quite some time.
Under the MOFA (Maharashtra Ownership of Flats Act) it is required by law to mention the carpet area in the agreement. You can take the builder to consumer court for not declaring the carpet area and seek compensation as it is a direct violation of the above mentioned act.
Hi,
I am also affected by the Mumbai Forest Land issue (in Nirmal Blue Diamond) and seem to be stuck..My question is regards your post: 'As the entire matter is sub-judice and decision is pending in Supreme Court, it may take some time before the air is cleared on the subject' It is now over 5 years on this matter. As citizens/residents in Mumbai, what action do you suppose will entice the government to take a faster decision on the same? Would it matter if all affected parties made a representation of any sort?
Dear Mr. Ganesh,
I fail to see how you can 'entice' the government? The matter is sub-judice and the case will take it's own course.
Have you heard of the term caveat-emptor, which translates to 'Buyer-Beware'? In law it means that the buyer is equally responsible for his actions of faulty purchase as much the seller is
this is very inspiration blog i think. I am following you blog six months and whenever you post new content, i read them carefully for my knowledge.
Residential Properties in Mumbai
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