1200 illegal houses demolished in Kashimira

Over 1200 houses constructed on Tribal land and Reserved forest land in Kashimira (Mira Bhayandar municipal council) were demolished on Sunday 20,May 2012.The areas affected were-Minakshinagar,Mashachapada and Dachkulpada.Over 500 municipal workers and 13 JCB machines completed the job in 3 hours.The occupiers were earlier given a notice.The Municipal authorities were opposed by a crowd of 2000 people but they were soon pacified and told to collect their belongings after which the houses were demolished.The locals claimed that they had paid the local politician Jyotsna Hansnale (NCP),Rs 50,000 to Rs 60,000 to allow them to construct the houses.Mira Bhayander is headed for elections in August and this demolition is sure to make a difference in the outcome.

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Navi Mumbai has 54,267 vacant houses

A startling figure has come to light during the 2011 house census. The census says that out of the 3,89,019 structures classified as houses, 54267 houses are vacant (without any occupant).This is roughly 13.94%. This survey was undertaken by the Govt. Out of these structures,2,52,201 structures are used purely for residential purposes,4215 are used for mixed purposes and 36,394 are used as shops and other uses.582 structures are for academic purposes,1603 as hotels and 1176 as hospitals and clinics,5015 as factory and workshops and 836 as places of worship.
Confronted by these shocking statistics, the builders reacted with the usual shrug of the shoulders, saying that it was not possible. Many attributed the statistics to investors who keep the flats locked up and wait for the market to shoot up. Other builders also feigned ignorance of such a possibility. Whether this survey included newly constructed buildings or not is not clear. If they weren\’t included, the actual figure of vacant houses may go up by a few thousand more houses.

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How to ascertain legality of second homes in Maharashtra

There has been flood of offers by builders recently, offering weekend homes/farm houses/villas etc situated outside city limits but within a couple of hours driving distance from the city.
Though the prices are cheap compared to city living, the main deterrence/worry is the legal status of the land in question. How does one verify whether the houses shown in the brochures have all the necessary permits, since village land does not come under Municipal jurisdiction.
The steps for the same are outlined below..

  • Check whether the Non-agricultural land order has been issued by the Tehsildar. Do not believe the Non agricultural order shown by the builder/developer as this may be forged. Contact the local tehsildar office with the gut/hissa number (as per 7/12).
  • Non-Agricultural land certificate is valid for a limited time. So check whether the land is currently Non Agricultural. You can also check online for the latest 7/12 which shows the current owner of the land….along with the status (NA or Non-Agricultural land)
  • Check the latest 7/12 extract of the land. This should specify the said land as Non-agricultural land. No construction can take place on agricultural land.
  • Check with the nearest town planning dept office whether the housing project plans confirm to the overall development plans of the plot of land. The development plan of the area should be in the local town planning office (Collector\’s Office of the District)
  • For even more security, try to get an official survey of the land done via the local tehsil office ( the tehsil office undertakes surveys of land for a fee ), just to verify whether the plot of land being shown to you is actually the land that is on the 7/12 order, tehsildar order, town planning approval.
  • If you are buying agricultural land in Maharashtra, you need to have agricultural land elsewhere in India or Maharashtra on your name.
    This patta will be required at the time of registering the sale deed. And it needs to be translated into English if it is from out of state.

A copy of the land survey form which has to be completed and submitted at the Superintendent of Land Records office for getting a survey done and boundaries marked on any piece of land. Sample of the Form is given below

CAUTION

Just because the ownership records in the Talathi office are clean does not mean that the land is clean. Despite land records being clean there could be multiple court cases on the piece of land. And you will never know this unless you decide to undertake a detailed investigation of the legal records. And if you think you will simply search online on the court websites, you will be groping in the dark as the court website does not give any details unless you know the date or year of the case filing.

Caution : Dividing big plot with govt given survey and hissa number into smaller plots and then building bungalows on it or selling individual small plots is illegal without collector/town-planning dept approval.Its A violation of the Gunthewari act (Law) of Maharashtra.
And most of the so called ‘Bungalow Projects’ and ‘weekend homes’ are illegal for that reason.

Once you have verified and signed and registered the sale deed, its a must to get fencing done around the plot to prevent encroachment.

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Conmen use forged documents to erect 40 buildings on outskirts of Dombivali

A new sensational fraud has been unearthed in the Dombivali region of Mumbai. Six conmen -Sunil Gawde, Sunil Bodhare, Satyawan Kadam, Ajay Kolte, Vishal and Mritunjay Singh came up with a unique plan to defraud people by targeting areas falling out of the Dombivali-Kalyan Municipal corporation.
Since areas which are out of the Municipal corporation supervision fall under the approval of the collector, Deputy collector and Tehsildar, the accused forged documents of approval from all these officials and made over 40 buildings in the villages of Bhopar, Davdi, Azade, Govali and Nandavli, all located on the fringes of Dombivali. They would also forge the NA (non agricultural) permission which is required to construct in rural areas.
The gang was operational for the past 2 years and used to lure buyers by placing ads in local newspapers and cable tv channels.
A case of fraud and forgery has been lodged against them by the Ulhasnagar police station.
The scam came to light after a tip off to the police.

Update on 11 June 2012
As a follow up to this scam investigations,20 more builders have been found guilty of similar violations.33 builders have been booked of which 6 have been arrested while 27 are absconding. Police sources said that a couple of them were close to MNS and BJP mla\’s. The tally of illegal buildings have crossed 100.Collusion of members from the gram panchayat etc cannot be ruled out.

2.5 fsi in Navi Mumbai - Is it necessary ?

Why demand 2.5 FSI when redevelopment can be done in 1 or 1.5?
This question arises after the residents of C-2 type in Vashi demand 2.5 FSI against GDCR

By Shilpa Suryawanshi

NAVI MUMBAI: In 2007, i.e. 4 years back, Indian Institute of Technology (IIT) Bombay, Powai had done structural audit of C-2 type building numbers 1 to 10, in sector.16, Vashi. In its report these buildings were categorized in ‘category: c1’ which means ‘Buildings are in extremely dangerous condition and may collapse any time soon.’
Almost four years back, the C-2 type Apartment Owners Association (AOA) was in possession of IIT report but interestingly it approached Navi Mumbai Municipal Corporation (NMMC) only in 2010. It is questionable that if buildings were declared as dilapidated and inhabitable, then why AOA waited for 4 years and not vacated the buildings soon after the report?
The proposal of AOA regarding declaring these buildings dilapidated was submitted to NMMC in 2010.
Soon after having proposal in hand, NMMC Commissioner, Bhaskar Wankhede appointed committee for reviewing the proposal of AOA. Committee agreed with the IIT report and sent letter to AOA stating that buildings are dilapidated.

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Extended buildings in Navi Mumbai

The Navi Mumbai Municipal Corporation’s Government Development Control Rule (GDCR) clearly states that if buildings are declared as unsafe then they should be vacated immediately or within the specific period. In addition to this, it also mentions that if the owner or occupier fails, neglects or refuses to comply with the notice then corporation should remove the danger by demolition or by repair. Now if one goes by that rule then under the directives of Municipal Commissioner, these buildings should have been vacated long back without delay.

Encroachment division head (of NMMC), Subhash Gaikar who was one of the members in Committee said, “Under the directive of Commissioner we have given notification in news paper and have suggested to association that buildings are in dilapidated condition.” He added, “After publishing notification and sending letter to association our responsibility has ceased.” His statement is clearly in non-compliance with GDCR in which it is clearly stated that if owner neglects the notice then corporation must remove the danger by immediate demolition.

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CIDCO constructed SS type houses in Navi Mumbai

Now the Residents dwelling in these buildings are blaming CIDCO for poor construction and instead of reconstructing buildings are demanding 2.5 FSI whereas as a matter of fact these buildings must be built in 1.00 FSI, as the same provision is also mentioned in GDCR, although corporation is inclined to approve 1.5 FSI through change-of-user, but there is a stay on the same.

President of AOA, Subhash Shewale, who is demanding 2.5 FSI said, “In near future we may start reconstruction work with 1.5 FSI (even when there is a stay on change-of-user) but at the same time we will keep provision for 2.5, as we are sure that Naik will get it sanctioned for us.” While vying for 2.5 FSI he has full faith in Thane Guardian Minister Ganesh Naik and MLA Sandeep Naik that they will win additional FSI from state government.

Let us remind you that in last corporation election, Ganesh Naik had assured that he will get approval for additional FSI from state which apparently led to his National Congress Party’s victory.

RTI activist, who has unearthed hidden facts said, “When these buildings can simply be redeveloped in 1 FSI, or say, 1.5 FSI, through change-of-user, then on what basis the said association is demanding for 2.5 FSI.” He continued, “These buildings were just built in 80’s besides later the association had also carried out extension and repair work of buildings, then how can they be declared as dilapidated.” He is also doubtful about the IIT report, he said, “How can IIT declare these buildings dilapidated which were repaired and extended just four years back by association. If anyone is truly going to benefit out of redevelopment or reconstruction then it will be no one but builder’s lobby.”

Builders lobby will benefit because if the height of buildings is increased then the value of land will go up too, besides due to additional FSI, residents will get bigger flats.

It is questionable that why anyone should demand for additional FSI when they have only paid for present area to CIDCO, besides there has been no provision in corporation’s GDCR for the same.

In the present case, said association ethically cannot blame CIDCO for poor construction since in past, association itself had repaired and extended buildings, besides if reconstruction was no good then how NMMC’s Town Planning department gave Occupancy Certificate to buildings.

If buildings are given additional FSI in Navi Mumbai then it will create a load on municipal services, likewise with increasing population, the city will feel immense pressure in terms of accommodation of vehicles in limited space.

In current scenario when corporation is already finding it difficult to accommodate vehicles, then additional FSI if at all sanctioned, then no wonder it’s bound to play havoc in so called ‘planned city’.

Excellent article from Newsband

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