All good things come to an end in the Supreme Court of India-1
Kanpur-19-May-2009
For years during my Research on various topics including the Town Planning Laws of India, I have noted that it is on rare occasions possible for the general public of India to get a few orders from the High Courts, which go a long way in addressing the problems of the teeming masses but All such good things come to an end in the Supreme Court of India, which more often than not stays the Order of the High Court arbitrarily then keeps on sitting on the Petition for years, often decades altogether, resulting in denial of the Relief to the general public, which the High Court took pains to provide. I shall be discussing a few cases periodically, Some cases I am detailing below:-
1. In a Land mark Judgment, the Patna High Court ruled that after the 74th Amendment of the Constitution, All Urban Development Authorities were illegal as no Development Area could be declared. There could be Municipality; There could be Panchayat; There could be District Planning Authority and there could be Metropolitan Planning Authority. All these would have a majority from amongst elected Peoples Representatives and only a minority of Government functionaries, in short the Planning process was given back to the peoples Representatives, and Co-Ordinated Spatial Planning (means related to space i.e. Land etc) was to be done with care to the needs of the Panchayats and the Municipalities. There was to be equal distribution of the natural and other Resources. No longer could there be a purely Urban Development Authority. No longer could a Village even after its Inclusion in a Urban Area be converted in to a Slum of the City. It would co exist with the City as an independent entity.No longer could Bureaucrats enjoy monopoly or majority say in the Planning process. Judgement and order dated 15/07/2004 in CWJC 4148/03 of The HIGH COURT OF PATNA was passed in the case of Md Mustaque v/s State of Bihar, reported in 2004 AIR, Patna-73.
2. However before the general public could be freed from the clutches of the State & Central level Bureaucrats, by abolition of the Urban Development Authorities like Delhi Development Authority etc, the Supreme Court on 05-11-2004 itself stayed the Judgment in Special Leave to Appeal (Civil) No(s).22245/2004 as well as WITH SLP(C) NO. 22726 of 2004 (SLP(C) NO. 22935-22936 of 2004
SLP(C) NO. 23105 of 2004.The Petitions were filed by State of Bihar; Patna Regional Development Authority; Gaya Regional Development Authority etc. The State Bureaucrats fearing loss of billions of Rupees of Ghotala and Bribe money, which these Authorities provide them with, went to the upreme Court.
3. However Nitish Kumar, when he became Chief Minister of Bihar, abolished repealed all the Urban/Regional Development Authorities and gave all their powers to the Elected Representatives, the Municipalities in 2007 by Bihar Municipal Bill 2007.Thus for all practical purposes, the Patna High Court Judgment was followed by the State of ihar.
4. Inspite of this the Bureaucrats of the abolished, Non existent Authorities are pursuing the case, i.e. dead man contesting, their Advocates are appearing and they are hoping that if the Supreme Court strikes down the Patna High Court Order, they can prevail upon the Government to create afresh these Golden egg laying authorities for them. The present situation is that five years have passed. The last order of Supreme Court Date: 17/03/2009 reads:
“This SLP is of the year 2004.
There is Court's Order to issue notice with interim stay on 5.11.2004. Thereafter petitioner, State Authority could not serve a single respondent against whom there is an ex-parte stay. The matter was adjourned for 23rd April 2007, 20th August, 2007 and 6th December, 2007 when matter was ordered to be listed before the Hon'ble Chamber Judge for default of the petitioner. By order dated 31st January, 2008, Hon'ble Chamber Judge has granted further four eeks
time by way of last chance with an additional dasti service. Petitioner has failed to serve the unserved respondents till date. Petitioner has also failed to take appropriate steps by selecting proper mode of service, as provided under the Code of Civil Procedure till date.Now, petitioner has filed an application for substituted service on 4th March, 2008. On perusal of such application, it is found that it is not proper and as per rule, in as much as the name of the newspaper are not disclosed in such application, therefore such application cannot be entertained. Considering the fact that matter is pending for confirming service upon single unserved respondent for five years, list the matter before the Hon'ble Chamber Judge for non-prosecution against unserved respondents.”
5. Therefore the benefit given to the general public by the Patna High Court has been denied to the public by the arbitrary and Authoritarian stay order of the Supreme court for the last six years and this may continue for generations. Therefore the Supreme Court, where it stays any order of the lower Courts, must ensure that the case is decided on merits within at the most six months and even if the party obtaining the stay abstains, the Case must be decided. In the present case, if the Case is dismissed, simply for default of the Petioner, the important point raised by the Honorable Patna high Court will be left un answered and leading to future Confusion as well in cases of other States, which may raise the issue again in case of any similar Judgment passed by their High Courts.
6. This article will be continued regarding other cases, where the Public interest benefic Judgments passed by the High Courts have come to an end in the Supreme Court of India.
Robby Sharma
865, Block-B, Panki Kanpur-208020
email—sharmarobby@hotmail.com
Mob-91-9415438326;9235844258.
Tuesday, May 19, 2009
Western Propaganda against USSR responsible for surge in Terrorism
Western Propaganda against USSR responsible for surge in Terrorism
An open Letter to president Bush.
From:-Robby Sharma 06/09/2004
House no.865, Block-B, Panki, postal code-208020
City-Kanpur, State-Uttar Pradesh,
Country-INDIA
To
The President of the United States Of America
Dear Mr President.
I would like to give you my best wishes for the coming elections.
Sir in the past few years you have done a tremendous job in fighting Islamic terrorism. Sir whatever people of the world may say but the fact is that since its advent Islam has only preached & practiced bloodshed & has always raised its sword against the civilized people of the times, it has butchered billions of innocents, making no exception of women & children.
If one wishes to know about Islamic butchery, one will have to read about the genocide they committed for thousands of years in INDIA , my country ( which they invaded as soon as the Khalifa of Baghdad took up the task of propagating Islam by use of sword as early as within a decade or two of death of Mohammad) & their own historians put everything in writing .
I think that the Western media & propaganda about the defeat of USSR forces in Afghanistan is also to be blamed for rise in Islamic terrorism all over the World.
The USSR if it wanted could have annihilated Afghanistan by using a few Nuclear bombs in its arsenal , the fact that it did not do so due to concerns of the world community & to avoid further loss of lives, does not make it a COWARD nor does it mean that it was defeated.
.A superpower if it chooses not to utilize its Nuclear option in a conflict with a weaker enemy & instead chooses to withdraw on humanitarian grounds can only be applauded as your own Country did in Vietnam, Korea etc.
The Western propaganda of defeat of the USSR in Afghanistan was music to the ears of the Islamic terrorists; later on the breakup of the Soviet Union let loose the Scourge of Islamic terrorism on the civilized world. All the Muslim Majority nations of the erstwhile Soviet Union, who were kept away from fundamentalism by strict Soviet control are now out of its control, are nuclear armed & if their arsenals fall in to the hands of Islamic fundamentalists then the Civilized world will have had it.
I only hope that your great Country can save the Civilized nations of the world from this terrible danger & I wish to convey my best wishes to you in your fight against terrorism.
Thanking You
Robby Sharma
An open Letter to president Bush.
From:-Robby Sharma 06/09/2004
House no.865, Block-B, Panki, postal code-208020
City-Kanpur, State-Uttar Pradesh,
Country-INDIA
To
The President of the United States Of America
Dear Mr President.
I would like to give you my best wishes for the coming elections.
Sir in the past few years you have done a tremendous job in fighting Islamic terrorism. Sir whatever people of the world may say but the fact is that since its advent Islam has only preached & practiced bloodshed & has always raised its sword against the civilized people of the times, it has butchered billions of innocents, making no exception of women & children.
If one wishes to know about Islamic butchery, one will have to read about the genocide they committed for thousands of years in INDIA , my country ( which they invaded as soon as the Khalifa of Baghdad took up the task of propagating Islam by use of sword as early as within a decade or two of death of Mohammad) & their own historians put everything in writing .
I think that the Western media & propaganda about the defeat of USSR forces in Afghanistan is also to be blamed for rise in Islamic terrorism all over the World.
The USSR if it wanted could have annihilated Afghanistan by using a few Nuclear bombs in its arsenal , the fact that it did not do so due to concerns of the world community & to avoid further loss of lives, does not make it a COWARD nor does it mean that it was defeated.
.A superpower if it chooses not to utilize its Nuclear option in a conflict with a weaker enemy & instead chooses to withdraw on humanitarian grounds can only be applauded as your own Country did in Vietnam, Korea etc.
The Western propaganda of defeat of the USSR in Afghanistan was music to the ears of the Islamic terrorists; later on the breakup of the Soviet Union let loose the Scourge of Islamic terrorism on the civilized world. All the Muslim Majority nations of the erstwhile Soviet Union, who were kept away from fundamentalism by strict Soviet control are now out of its control, are nuclear armed & if their arsenals fall in to the hands of Islamic fundamentalists then the Civilized world will have had it.
I only hope that your great Country can save the Civilized nations of the world from this terrible danger & I wish to convey my best wishes to you in your fight against terrorism.
Thanking You
Robby Sharma
Mischief of Leasehold rights-Apartment ownership Laws
Mischief of Leasehold rights-Apartment ownership Laws
Kanpur-19-may-2009
The following Suggestions were given to U.P. Government for safeguarding the interests of Flat/Apartment/Plot/Properties Purchasers and for removing the mischief of leasehold nature of properties but the same were thrown in the waste paper basket because the Bureaucrats simply wanted to please the Builders and make the Act for their benefit rather than for Public benefit. But seeing that some of the suggestions like f.a.r. and density increase, suited them, they were selectively adopted while all other were ignored. Please read the article carefully and send your comments
Short-comings in the Uttar Pradesh Apartment(Promotion of Construction, Ownership and Maintenance) Bill & some Suggestions.
To 25-11-2007
The Pramukh Sachiv Awas Evam Shahari Niyojan
Government of Uttar Pradesh Secretariat
Bapu Bhawan Lucknow.
Respected Sir
I propose the following suggestions:-
Amendment in the Objects & Reasons
An Act to provide for matters relating to the ownership, individual rights as well as undivided interests in common areas & facilities & obligations of Purchasers of Apartments & Plots in Buildings & Townships & the common areas of these Buildings or Townships mainly developed by private Developers /Promoters / Builders & the Act may be extended to the Buildings & Townships developed & sold by Government Instrumentalities either wholly or jointly with private Developers.
An Act for promotion of Apartment Culture in the State so that Scarce Agricultural Land is conserved by means of common sharing of open areas, Lawns, common facilities & in general vertical growth of the Cities rather than Horizontal & for encouragement of the private Sector in the development of Residential, Commercial or Industrial accommodation and the development of Planned Townships having all the required Infrastructure to support the Inhabitants.
An Act to provide for Economical accommodation to the Citizens & specially to the needy weaker Sections of Society for accommodation of whom some density restrictions are also being relaxed by this Act.
An Act to provide for matters to minimize the disputes and litigations between the Owners of Apartments/Plots as well as between the Owners & Promoters.
An Act to provide for accommodation to the menial classes whose services are availed by the Apartment Owners & citizens of the City/Township & who are forced to live in slums due to lack of suitable accommodation near their work places.
An Act to provide for more spacious accommodation to the Citizens by way of additional f.a.r. subject to the number of dwelling units remaining unchanged.
An Act to promote creation of more open spaces, Parks & playgrounds by permitting more f. a. r. for lesser ground coverage.
An Act to provide for Use of Green Plantation Areas & Forests in the Townships for the purpose of providing parking space as well as for selling of goods by the poor vendors with preference to the owners or the family members of the Landowners whose lands are acquired for the Town Ships.
An Act to provide for sufficient Commercial space in Residential Townships so that the menace of Commercial activities encroaching upon Residential areas is curtailed and at the same time the Promoter is able to get better price to offset the losses that he may have to suffer on account of sale at lesser price to the deprived sections of the Society it will also allow him to offer residential accommodation at lower prices.
An Act to remove the mischief of complicated land owner ship rights and declare as symbolic all right of lessors in land leased by them and the leases having 75 or more years to expire.
An Act to provide perpetuity of owner ship and security of accommodation to Apartment owners.
Amendment & suggestion for definitions
In clause-(w), Promoter will include the owner or Lessee of the Land on whose land the Promoter or builder by whatever name called enters in to a Builders agreement to build or develop a building or plots & to sell them. In such an event the Owner or Lessee shall be deemed to be Co-Promoter for the purpose of this Act & shall be jointly responsible for all the obligations of the Promoter under the Act & shall jointly sign all the plans & Declaration.
After clause-(x), following clauses shall be inserted. (x-1)- “f” means the floor area of the individual Apartment in a building or plot area of a Plot in a Township as the case may be. (x-2)-“F” means the total permissible floor area available to the promoter under the Town Planning Laws applicable to the building or Township or as available under this Act, at the time of sanctioning of the development/building Plans by the Sanctioning Authority for the same. (x-3)- “f. a. r” means, in the case of buildings, the floor area ratio i.e. total permissible floor area (as per the Town Planning Laws in force or under this Act), of the Building/s divided by the total area of Plot deemed to be connected to the Building/s .In the case of Townships it means the total permissible floor area (as per the Town Planning Laws in force or under this Act), of the Township or Sector or Block by whatever name called divided by the area of the Township or Sector or Block.
Amendment in Section-4(1)
1. Instead of the existing phrase the following shall be substituted. 4-(1)-Any promoter who intends to sell - (a)-An Apartment in a building/s having a individual Plot deemed to be attached with the Building/s.
or
(b)- A Plot of Land in a Township or Sector or Block or Pocket of a Township
or
(c)-a constructed building having less than four apartments (on a separate plot) in the Town Ship or Sector or Block or Pocket of the Township.
Shall firstly, in addition to other documents which may be needed by the Local Authority having the power to sanction the development/building plans, make the following declaration before the Competent Authority as well as before the Local Authority as above and this Declaration made as hereinabove Shall be disclosed to the intending purchaser & shall form a part of the agreement between him & the Promoter whether he asks for it or not. This declaration shall Disclose amongst others the following—
(i)- The total area of the Land deemed to be attached to the Building/s.
(ii)- The floor area for construction purpose available on the Land as per the provisions of the Town Planning Laws or as available under this Act, at the time of applying for sanction of the building/development Plan.
(iii)-The total number of Apartments to be constructed with details of the floor area of each apartment separately.
(iv)-Not withstanding any thing to the contrary in Section-5-(2) or any other part in this Act, each person, who becomes entitled to the exclusive ownership and possession of an apartment shall be entitled to an undivided interest in the Plot of Land deemed to be attached to the Building/s including the common areas and facilities = f /F -where “f”=the floor area of the concerned Apartment & “F”=the total permissible floor area available (as per the Town Planning Laws in force or as available under this Act). Explanation- If any Apartment / area is provided (till the time he continues to provide the said service), free of cost or on rent or license to anybody for providing some essential utility like water or electricity or Fire or Police service or postal services & any other service necessary for needs of the Apartment owners, then, other than, the use of the allotted Apartment or Space, such service provider, shall not be entitled to any undivided interest in the property & shall be merely entitled to the Use & occupation of the area allotted to him & to those common areas & facilities of the property as are essentially connected to the provision of the said service. Explanation-2- Purchase of any parking Space shall not in any way add to the Undivided Interest of the purchaser in the property it shall merely entitle him to the Use of the Parking Space.( More attention needs to be paid to this issue as it is a sensitive issue requiring more specific provisions)
(v)- It is further clarified that if there is any increase or decrease in the permissible floor area for construction, applicable on the property, between the time of applying for sanction & the actual sanction then the Promoter shall ensure compliance with the amended provision as applicable on the date of sanction & obtain the sanction. The finally permissible Total Floor Area i.e. “F” shall prevail for the purpose of Declaration as provided in Section-4-(1) & shall be taken in to consideration for any sale to Intending Purchasers.
(vi)- If after the sanction of the Building/Development Plans, any additional permissible Total Floor area or f. a. r. becomes available on the property then the Apartment purchasers, who have become entitled to an apartment by making any payment(and obtaining receipt) either as an advance or as a token payment by whatever name called shall not loose any part of the undivided interest in the property & the common areas & facilities as has been deemed to have been created in their favor on the date of the initial payment, by the formula “f / F ” taking as a basis the Declaration referred to in Section-4-(1). In such an event the Promoter shall be entitled to the benefit of the increased f. a. r. only on the remaining unsold Apartments & he shall before selling any other Apartment, make a modified Declaration under Section-4-(1), containing the necessary changes & the leftover undivided interest in the property shall be divided amongst the new purchasers as per the changed Declaration.
(vii)- On becoming entitled to any additional f. a. r. after the sanction of the original building plans, the Promoter shall serve a notice by registered post to the Competent Authority as well as the Local Authority empowered to sanction the Building Plans and to all the Apartment Allot tees till that date and the date of service or refusal of this registered notice shall form the basis of determining the interests of the parties. It is further clarified that the availability of any additional f. a. r, on the property shall not absolve the Promoter of the responsibility to comply with the original Construction Schedule as disclosed in the Original Declaration.
(viii)- In case the additional permissible f.a.r. becoming available after the sanction of original Plan exceeds the sanctioned f.a.r by more than 25 % then in addition to the provisions of safeguarding the undivided interest of the Apartment Allot tees provided as above, it shall be mandatory for the Promoter to obtain the No Objection of all the Allot tees as on the date of service of the notice.
(ix)- The Promoter shall not be entitled to the benefit of any additional f. a. r which becomes available on the property after the date of happening of the earliest of the following events (a)-Issue of Occupancy / Completion Certificate ;(b)-The date of Likely Completion of the Building as declared in the Declaration under Section-4-(1); (c)-The date of putting in to possession of any of the allot tees /purchasers of any Apartment. After this date if any additional f. a. r becomes available on the property then the Apartment owners/allot tees as on this date shall be entitled to the benefit of this additional f. a. r and the Promoter shall be entitled only to the benefit available on the unsold Apartments. When the Apartment Owners become entitled to this additional f.a.r then to utilize this benefit they shall have to take further steps only through the Association formed by them as per provisions of this Act and if the structural safety of the Building permits (certificate to this effect will have to be obtained from an Authority or agency or Panel of Structural engineers which may be nominated or approved by the Competent authority or Local authority or the State Government) additional construction then such additional construction may be undertaken by the Association & divided amongst themselves provided at least 80 % of the Apartment Owners give their N.O.C. in writing to the association. In case there is some other space available to the association under joint ownership of all the Apartment Owners in excess of the mandatory minimum Parking Area and other common Areas which are to be kept un-built upon as per provisions of the Town Planning Laws in force on date of fresh sanction then this space may be built upon provided there is ample space for Parking & Common areas to serve the new dwelling units to be Constructed. In all such cases all the apartment Owners together with the Association shall be deemed to be Co-Promoters for the purpose of this Act & shall be obliged to comply with all its provisions if they want to sell at any time, any part of the property or additional Apartments built on account of the additional f. a. r. available. Provided that for this Section and for any other Section of this Act, each Apartment owner shall be entitled to one vote of equal value irrespective of the area of his Apartment. It is only for the purpose of the valuation of the property in the case of sale or mortgage or insolvency or for Insurance & other like financial purposes that the interest of the Apartment Owners shall be considered in proportion to their undivided interest created in the property on the basis of the floor area of their Apartment.
(x)-If the promoter is unable to use up the original f. a. r available to him before the date of happening of the earliest of the following events (a)-Issue of Occupancy / Completion Certificate ;(b)-The date of Likely Completion of the Building as declared in the Declaration under Section-4-(1); (c)-The date of putting in to possession of any of the allot tees /purchasers of any Apartment, then he shall not be entitled to do so afterwards and in that event the undivided interest of each Apartment Owner will stand proportionately increased to f/Fa where Fa=the actual Floor Area out of the total permissible floor area used up till the above date.
Some of the above complications can be avoided if provisions are laid beforehand disallowing any increase in f.a.r after the commencement of the Building/Township.
Suggestions regarding Density Restrictions & f. a. r
A- It has been observed that day bye day the prices of properties are increasing on account of speculative tendencies & at the same time prime Agricultural Land is being lost to the expanding Cities and this is driving residential accommodation beyond the buying power of the masses. People are being forced to live in worst conditions than even Beasts in small hovels. Talking about Kanpur when Jawaharlal Nehru visited Kanpur, soon after independence, in the early Fifties, he used these very words when he visited a few hataas on G.T road in Kanpur. Since then ten five year plans have gone by & the nett result is that now there are fifty times more such Beast like creatures (poor citizens), living in smaller hovels. The situation is the same in all the cities of the Country.
One of the reasons which forces ordinary citizens to live in such small houses is the denial of proper f.a.r by the Town Planning Authorities for reasons best known to them. It is the dwelling Units permissible, which should be restricted & the restrictions of f.a.r should be lenient & related to the creation of more open spaces. The Honorable Supreme Court of India in the public interest petition initiated by itself in the matter of
News-item “Hindustan Times” A. Q. F. M. Yamuna
v.
Central Pollution Control; Board & Another
By order dated December-12-2003 of two Judges,
J. Rajendra Babu & J. G.P. Mathur , reported in (2004) 9 SCC-569, held that no objection can be taken to allowing more F.A.R to give more spacious accommodation to the Citizens, provided the Number of permissible Dwelling Units is not increased
Keeping in view the Mumbai Town Planning Restrictions, which provide for a Dwelling Unit density of 450 dwelling units per hectares. However since the problem in U. P. is not that acute and lesser density can be fixed. I therefore make the following suggestions,
1. No group housing Activity (construction of more than Twenty Apartments with undivided interest in common areas) shall henceforth be permissible on a plot of less than 4000 square meters of Land.
2. Not withstanding any thing to the contrary in any other Law for the time being in force Each hectare of Land in any New Township henceforth to be sanctioned on more than (minimum area to be specified preferably not less than 100 hectares i.e. 1 Km X 1 Km) of land shall provide for at least 150 dwelling units per hectares. Any density restrictions of any Zone or area, in which the development of the New Town ship is sanctioned, after the coming into operation of this section /Act in any Master Plan of any Urban area /Municipality shall stand increased to 675 persons per Hectares for the area of the Township.
3. Not withstanding any thing to the contrary in any other Law for the time being in force including any Town Planning Act or Master Plan, the maximum number of dwelling units permissible per hectares shall be not more than 300 (each dwelling unit is deemed to be inhabited by 4.5 persons for the purpose of calculation of density).
4. (1)-Not withstanding any thing to the contrary in any other Law for the time being in force, at-least 20 % of residential dwelling units to be created in any new Township shall be allotted, complete in all respects to the economically weaker sections of Society [to be specified by the Government / Competent authority(subject to 30 % reservation of these dwelling units for the residents of the Village/s whose lands were or are acquired for these Townships whether by agreement or by an Award under the Acquisition Act In case of other allottees of this category, due regard shall be paid to the usefulness of the Allottee for the Township i.e Barber, Dhobi, sweeper, Domestic help & the like ) in such manner as may be prescribed, subject to the condition that it shall not be sold or transferred or let or kept vacant in any manner by the allottee for at least twenty five years from the date of possession )] at the following rate— (a)- In the case of built-up Apartments, at the cost price of the Construction of the Apartment so allotted (cost to be calculated by a qualified valuation expert out of a list of those nominated by the Government) only(The Competent authority may provide for further reduction of the sale price in the case of allotment to the Villagers of the Villages where these Townships are situated . (b)- In the case of the plotted Development at the purchase cost of the Land calculated by multiplying the sale consideration paid by the Promoter per square meter of land by the area of the plot so allotted subject to a minimum of 50 square meters. Explanation-1. It is hereby clarified that in calculating the cost of the apartment under this section, the cost of land and any other amenity or facility shall not be taken in to account.
Explanation-2. It is hereby clarified that the minimum Carpet area of each dwelling unit to be allotted to the weaker sections as above shall be = 40 square meters & shall comprise of at least two rooms + one kitchen +one Toilet cum Bathroom and one balcony.
Explanation-3. It is hereby clarified that while calculating the total number of Residential dwelling units for the purpose of this Section, all the residential dwelling units of the Township shall be taken in to account.
Explanation=-4. It is hereby clarified that such Allottee of the weaker Sections shall also gain an undivided interest in the property in proportion to the floor area allotted to them in the same manner as the other Apartment owners. This undivided share may be mortgaged to a financial Institution to avail loan by the allottee. 4-(2)-The Competent Authority or the Government may call for applications for such allotments after the construction of the Building or Plotted Development has commenced & upon such Commencement, the Competent Authority or the Government shall be deemed to be the allottee of the Apartments & shall be obliged to make necessary arrangements for immediate payment to the Promoter for the cost of these Apartments as agreed upon with the Promoter or in five equal installments depending on the progress of the building starting from one month after the Commencement & ending with the final payment within one month of being put in to possession or deemed possession which will be the date on which a period of one month has expired after the issue of Completion /Occupancy certificate.
5. Not withstanding any thing to the contrary in any other Law for the time being in force & subject to complying with the provisions of the previous section & subject to the maximum permissible number of dwelling units remaining unchanged, the maximum ground coverage & the f. a. r. available for group Housing & Townships shall be as under (a).The maximum permissible ground coverage --------------30 % (b).maximum permissible f.a.r. in case of 30% ground coverage=2.00 (c)-maximum permissible f a.r. in case of 25% ground coverage=2.25 (d)-maximum permissible f.a.r. in case of 20% ground coverage=2.50 (e)-maximum permissible f.a.r. in case of 15% ground coverage=3.00 (f)- maximum permissible f.a.r. in case of 10% ground coverage=3.50 The above recommendation of more f.a.r for lesser ground coverage is based on the principle laid down by Awas Anubhag –3 Notification No.1084/XXXVII-3-29-N.K.V.-86 dated May-18-1987 regarding Lucknow Master Plan. However in that the Commercial area specified was very low resulting in Chaos in the Cities, where the commercial activities have encroached on all other Users. Additional commercial User will allow the Promoters to give concession on Residential Dwelling Units.
6. In addition to the maximum permissible f. a. r. as above, a further additional f. a. r of 0.5 shall be available to a Promoter who in compliance of the mandatory requirement of allotment to economically weaker sections, instead of 20 %, allots 40 % of the residential dwelling units to the economically weaker sections of Society.
7. In the case of Commercial Sections, the Provisions of this Act shall apply mutatis mutandis and separate Rights& undivided interest in common Areas & facilities of these Commercial areas shall accrue to all the Apartment Owners (includes owners of Offices, Shops, Showrooms as the case may be). It is hereby clarified that apartment Owners of Commercial areas shall not obtain any undivided interest in the Common Areas & facilities of the Residential Section & vice versa.
8. In the case of Commercial areas the following Ground coverage & maximum f.a.r shall be permissible-
(a).The maximum permissible ground coverage --------------40 % (b).maximum permissible f.a.r. for above 25 % to 40% ground coverage=2.00 (c)- maximum permissible f.a.r. for above 15 % to 25% ground coverage=2.50 (d)-maximum permissible f.a.r. for up to 15% ground coverage=3.00
Other provisions which are essential & may be incorporated
9. The Promoter will be entitled to & bound by the Specified number of maximum & minimum number of dwelling units, ground coverage, f. a. r. etc on the basis of the entire area of the Township to be developed by him without excluding any area of roads, parks, open spaces etc. However the area set aside for Commercial centers shall be excluded from it. In addition to this 1 % of the total permissible dwelling units can be constructed additionally for Security & care taker staff but within the same f. a. r . These additional units shall not be sold & shall be at the disposal of the Association formed for the Building/Township/sector/pocket/Block as the case may be. The promoter shall be entitled to recover the cost of these by proportional addition to sale price of the Apartments.
10. Not withstanding anything to the contrary in this Act or any other law for the time being in force, the Promoter shall set aside for Commercial activities( like Shops, Showrooms, Nursing Home /Hospital, Offices, Guesthouse, Multiplex, Community Center & the like)of the Township, at least twenty percent & maximum twenty five percent of the Land Area of the Township, at specified locations (to be specified by him). Each of these Commercial Centers shall be specified as a separate sector or block or pocket by the Promoter. All such Commercial Centers shall be clearly demarcated by means of some visible permanent markers & shall be separated from the Residential Sectors /blocks /pockets, preferably by Roads + Parks, Plantation Areas, Playgrounds, Open Spaces . However, in the case of smaller Townships, where such separation is not possible, by a minimum distance to be specified & at least half of this separation area shall be planted with large trees on the Residential side of this separation area to insulate it from noise & pollution of the Commercial area. The other part of the Separation area towards the Commercial area may be used for Road, additional Parking. Endeavor should be made to have a clear separation of at least 100 meters between the Commercial Centers & the Residential Blocks.
11. Not withstanding any thing to the Contrary in any Law for the time being in force, including the Registration Act & the Stamp Act, where any Land is purchased by a Promoter (who intends to develop a Township under the provisions of this Act) after intimation to the Competent Authority/Local Authority/the State Government as the case may be and after obtaining the clearance for the same, stamp duty @ only one percent shall be payable by the Promoter for the registration of such Land subject to the condition that he shall make the necessary developments & execute the registration deeds of all the apartments & developed Plots before delivery of possession and in any case within five years & thereupon Stamp duty at a rate to be fixed by the Government (but not exceeding five percent of the sale consideration) shall become payable & till such time the Stamp & registration Department shall have first lien on the property, which shall be duly recorded in the Sub-registrar’s Office at the time of purchase by the Builder. Provided that the Circle rate taken in to consideration at the time of the purchase by the Promoter shall be deemed to be the Circle rate for Agricultural Land.
12. Not withstanding anything to the contrary in this Act or any other law for the time being in force, A Building,( in which Sale of Flats has been permitted by the Competent authority to the Promoter) shall be completed and the purchaser/Allottee unless disqualified under this Act shall be put in to possession immediately after the expiry of three years from the date of commencement of the building. In the event of any default by the Promoter, The State Government/Competent Authority shall be deemed to have been appointed as the receiver of the property & shall take the necessary steps to complete the building & safeguard the interests of the apartment Owners/Allottees as well as the interest of the Registration & stamp Department and any other Government Department & till such time all interest of the promoter shall stand suspended and after the above obligations have been met by the receiver, the interest of the Promoter shall revive only in any surplus left either in shape of money or un sold Apartments subject to further reduction on account of Administrative charges to be deducted by the Receiver.
13. Not withstanding anything to the contrary in this Act or any other law for the time being in force, where a Promoter intends to develop a Town Ship under the provisions of this Act, he shall submit a complete plan of the same including the stages by which he intends to proceed & complete the Township The Plans shall clearly show the Residential Areas of the Township & the Commercial Areas and these shall be demarcated in to Phases /sectors / pockets / blocks as the case may be.
14. The Plans shall further show the Parks, the Plantation areas, the Open Spaces & the roads & the Playgrounds & Schools, Colleges & other public utilities.
15. In Residential Section of the Township (i.e. total Township area minus the Commercial Area set aside, a minimum of 10 % land area shall be developed as Parks; a minimum of 10 % as Playgrounds; a minimum of 2 % as Open Spaces to cater to Dussehra / Durga-pooja & other religious & social & cultural Users requiring Open Space (no such celebration shall be permissible in Parks & Play grounds). Provided further that these open spaces may be utilized for temporary vegetable/fruit markets, handicrafts bazars & fairs to provide space to small vendors & Hawkers on temporary basis only.
16. Adequate provision subject to a maximum limit of one percent of land shall be made to accommodate Temples / Gurudwara / Church / Mosque & this will be left to the discretion of the Associations.
17. Provision for suitable number of Nursery & primary Schools based on the Education Department’s Norms shall be made in the Township.
18. Plantation of large Trees with a distance of thirty to fifty feet between the Trees shall be done on at least 10 % of the entire Land of the Township including the Commercial Areas. Each Tree shall be provided with an enclosure of six feet on all four sides by means of a fence or Tree Guard. However beyond these enclosures, these Plantation Areas may also be used for, Jogger tracks; for providing space for Additional Parking Areas; Space shall also be allotted (as per norms to be prescribed by the Competent Authority/State Government /Local Authority as the case may be, in these Plantation Areas & the other parts of the Townships, for Vendors & Hawkers & Kiosks may be constructed for the purpose & allotted provided that fifty percent of all Hawking/Vending Spaces/Kiosks in any Town ship (including the Plantation Areas shall be reserved for allotment to the Inhabitants of the Villages on whose lands these Town ships are situated & amongst these fifty percent, half shall be reserved for allotment to the family members of those Villagers of these Villages who were considered as Landless villagers within the meaning of the U.P. Zamindari abolition & Land Reforms Act-1950 at the time of the Acquisition of the Land of the subject village. Provided that the Vendors & Hawkers will only be permitted to enter in to & sell their wares during the time (for a minimum duration of ten hours daily) to be prescribed by the Association. Provided that at least 50 % of the land of the Plantation Areas shall be left open as raw earth i.e without any artificial paving & the balance area may be covered with tracks/flooring by means of porous material or Tiles. Provided further that no permanent structure of any masonry material shall be constructed in these Plantation Areas other than water tank/ tube well etc.
19. The Builder shall complete the Development of the Township within the time specified in the Declaration & in any case within seven years. Prior to this period for completion of the Township, he may complete the various Phases of the Township/ Sectors / Pockets & Blocks one by one but in that case he shall have to provide the minimum common facilities like Parks, Tot-lots, Jogging tracks etc & proportionate number of Schools out of the total planned as well as sufficient number of Shops /Commercial space so that the daily needs of the Inhabitants are met.
20. The Township shall be directly accessible from a public road of at least 30 meters width across the entire length of at least two sides of the Township & in case of any shortfall on this account the Promoter shall have to provide space from the Township’s Land so that the shortfall is met & in such an event, the Road Land so contributed shall be owned by the Township but for all practical purposes shall vest in the Local Authority for the purpose of a Road, qua a Road and the local Authority shall have no other right of any commercial exploitation of this portion of the road other than normal laying of Sewer lines /water/electric lines and other public utility lines.
21. (1)-In order to allow for smooth traffic on the Public Roads, with minimum of merging traffic, the Township shall be completely enclosed by a Compound wall of such height as may be permitted by the sanctioning Authority subject to minimum of two meters. Access to the Public Road may be had from common Entrances /Exit openings of not more than 30 meters width in the Compound wall provided that the minimum distance between any two openings on any one side shall be five hundred meters measured from center to center of the opening. It is hereby clarified that this distance restriction shall not apply in case of Openings on different roads i.e An opening in the North wall may be situated right next to the Opening in the Eastern or Western Wall i.e. on the Corner & so on. No such opening shall be made within ten meters of any Commercial Building of any Commercial area.
(2)- Parallel to the Outside Public Roads, There shall be Constructed inside and alongside the entire length of the compound wall, a inner road of the prescribed width as per the hierarchy of roads prescribed by the sanctioning Authority for Development Plans, shall be constructed so that the entire traffic of the Town Ship enters & exits only through prescribed gates of the Township.
(3)- Alongside all the Openings in the Wall, there shall be constructed a depression or alcove in the Compound wall & it shall be covered in a suitable manner so that a space of twenty meters wide by five meters deep is available, outside the Compound wall as a Bus Stand/shelter + public Toilet to the general public. The ownership of this Bus stand/shelter shall vest in the Township but free use shall be permitted to the general public. (4)- The Compound wall shall at all times be maintained in proper state without any breach or any reduction in height at any point & if at any time it is found to be broken allowing access to the Public Road at places other than the designated Openings then the Association shall be held liable & a fine of Rupees Five thousand per day shall be levied & shall become payable to the local Authority in whom the Public Road Vests. The Public Authority shall be entitled to get the repairs made at the cost of the Association.
(5)- No Residential or Commercial building other than that provided to the Security staff or for Public Utility Service providers shall be situated within a distance of ten meters from the Compound Wall
22. It shall be obligatory upon the Promoter to provide suitable Space as per the stipulated Norms of the Zonal Plan on the periphery of the Township free of cost to the following service providers & public utility services. (1)-Police Post/Station. (2)-Post Office. (3)-Fire Station. (4)- Electric Substation. (5)- Water supply department (if public water supply is availed of. (6)-government dispensary.
(7)-Any and all other utility providers which may be prescribed by the Sanctioning authority to be allotted space either free of cost or in case of profit making service providers like the Telephone Department & the like after realizing payment. Provided that where the Size of any Township is small and it is impracticable to burden it with all these then the Sanctioning authority shall ensure that the required number of Townships are clubbed together & proportionately levied with the burden of providing these services. It shall be the responsibility of the Sanctioning Authority of Development plan to provide all these public utility services to all the Inhabitants of the Town Ship/Zone.
23. Land and building for Sufficient number of Primary schools & Land only (for required Number as per planning norms) for High Schools/ Inter colleges and Degree Colleges shall be provided by the Promoter as per the Norms of the Education Department all of which shall be handed over free of cost, for running & management only to the Local Authority having obligatory functions to provide Primary Education. Thereafter it shall be duty of the Authority to either run them itself or to give them to others on lease of fifty years/ renewable for further periods subject to compliance of terms and conditions (with first preference to Cooperative Societies of Teachers), without any charge, other than local Municipal taxes, the underlined idea being to provide cheap education to the masses. The builder will be entitled to add the cost to the Apartments/plots/properties sold by him.
24. The Possession of Commercial accommodation shall be given simultaneously or within two months before or after the Possession of Residential apartments & in proportion to the Residential Apartments the possession of which has been given. Explanation-1- If the promoter is in a position to give Possession of ten percent of the dwelling units then he shall be permitted to give possession of up to ten percent of the Commercial Area, two months before or within two months afterwards and so on. This restriction shall not apply in case of Commercial Plots sold for Nursing Homes /Schools & public utility services.
25. Suitable Parking Space shall be provided within the Township for Parking purposes of the Inhabitants as well as the Visitors. No parking of any Vehicle shall be allowed outside the Compound wall of the Township/Apartment Building as the case may be. A fine of Rupees two hundred shall be recovered, on the Spot, by the Local Municipal Authority from such Vehicles found parked out side and the same will be impounded in case no occupant is found therein on the spot.
26. The Competent Authority or the State Government shall lay down the norms for forming the association of Apartment Owners & it may provide for forming of Associations, Building wise, specified number of Apartment wise-, Sector wise, Block wise, Pocket wise & then from amongst these for formation of Phase wise & Township wise Associations and assign to these, specific duties, rights& functions.
27. These suggestions have been drafted in haste so that they may be put up, in time before the concerned stake holders who are welcome to fine tune & adopt as many of them as they find suitable.
28. Provisions to stop speculation in Land.
(a) Not with standing anything to the contrary in any other law for the time being in force, vacant plots & apartments will attract penal property taxes at at least twice the rates as are applicable on occupied apartments.
Provisions to avoid legal battles on Account of unregistered eleven month tenancy agreements.
29. Apartments rented/leased out for less than ten years to be levied only with one percent stamp duty & maximum 5000/- as registration charges. Those rented/lease out for more than ten years to less than 30 years to be levied with maximum 2% stamp duty. Any new lease for more than thirty years or where old rent/lease agreement is extended beyond thirty years to be deemed to be transfer for the purpose of stamp duty & subjected to stamp duty at that rate subject to maximum of 5%.
Removal of the mischief of complicated lease hold rights (started by Foreigners, who had a long History of Land Lord Tenant relationships i.e. a feudal system of Land owning gentry) and for provision of security and permanence of owner ship rights to apartment owners.
30. Where a owner or lessor of any property joins as joint promoter or is deemed to be joint promoter then not with standing any thing to the contrary in any law for the time being in force he shall be deemed to have extended the lease for perpetuity i.e. free hold & shall jointly sign all the sale deeds of apartment owners & in case he himself is a lessee of some body else then it will be deemed that he has extended the lease for the remaining period of his lease & all his interest in the lease of the property shall come to an end automatically at the termination of the lease period & the apartment owners shall step into his shoes collectively.
31.(i) No Township or building under their Act shall be developed on any land under lease if the lease period remaining at the time of applying for sanction to the building or township is less than 75 years.
31 (ii) Not with standing anything to the contrary in any other law for the time being in force in case of lease hold lands, the lessee who joins as co-promoter and holds full rights in the lease for at least 75 more years as on date of applying for sanction of Development for a Township or apartment building shall be deemed to be the final lessee or deemed owner of the land and all previous lessors /leasees or sub-lessor /sub-leasees by what ever name called shall be deemed to be jointly holding equal but only symbolic rights and interest in the land and such total symbolic interest will be valued at 10% of the market value based on the prevailing circle rate of the land on the date on which the final lessee/ deemed owner applies for sanction under this Act. All these previous lessors /leasees or sub-lessor /sub-leasees by what ever name called shall be called "PARAMOUNT LESSORS".
32. (i) Before according sanction to any new township or building under this Act the competent Authority shall at the cost of the promoter, cause public notice to be sent by registered post twice within a period of two months at the address if known or recorded in the lease documents of the PARAMOUNT LESSORS. The said public notice shall also be published in at least two news papers (one in English and one in local language) having maximum circulation in the area know or believed to be the area where out of the "PARAMOUNT LESSORS", the lessor who lastly executed the existing lease, or his heirs reside. The said public notice shall also be published in two news papers as above in the area where the property is situated.
32-(2) After the sending by registered post and publication of the public notice as above, if within one month no objection is received then not with standing anything to the contrary in any other law for the time being in force the "PARAMOUNT LESSORS" shall be deemed to have Consented to make free hold the lease in favor in final leasee/ deemed owner & the Competent Authority shall be obliged to issue the necessary certificate to this effect which shall be registered by the sub registrar after receiving the necessary Registration fee not exceeding ten thousand rupees and 2% as stamp duty from the promote or joint promoter as the case may be provided the promoter or joint promoter have deposited the compensation to be paid to the PARAMOUNT LESSORS.
32-(3) If in response to any public notice as above any paramount lessor or his heir submits an objection in writing then the residual interest of all paramount lessors or their heirs, not with standing any thing to the contrary in any other Law for the time being in force shall be deemed to be fixed at ten percent of the market value of the land based on the circle rate as prevailing on the date of application by the final lessee/deemed owner of the land for sanction for development of the building/apartment and this compensation shall be deposited with the land acquisition Tribunal under the Land Acquisition Act-1894 from where the claimants may claim it & for this purpose no court fee shall be payable by the claimants and the same procedure as under the land Acquisition Act shall apply for payment of this compensation amount. Explanation:- It is hereby classified that not withstanding any thing to the contrary in any law for the time being in force the amount of compensation as determined above shall in no case be in creased or decreased by any Court, Tribunal or other Authority.
32 (4) The Certificate of ownership issued in favor of the final lessee/deemed owner as mentioned above shall have effect only after the occupancy certificate/completion certificate has been issued by the plan sanction Authority for the Building/Township plan i.e. at the time of sale deeds by the promoters in favor of Apartment owner.
32 (5) In case no claimant comes forward within one year of the last publication of the public notice (informing the Paramount Lessors), to claim any interest as PARAMOUNT LESSORS then the compensation amount deposited by the promoter to acquire symbolic interest of the PARAMOUNT LESSORS shall belong to the competent Authority who will use it for the proper implementation of the Act.
Sincerely Yours
Robby Sharma
(865, Block-B, Panki Kanpur-208020)
mob-9415438326 ; 9235844258.
Email sharmarobby@hotmail.com
Kanpur-19-may-2009
The following Suggestions were given to U.P. Government for safeguarding the interests of Flat/Apartment/Plot/Properties Purchasers and for removing the mischief of leasehold nature of properties but the same were thrown in the waste paper basket because the Bureaucrats simply wanted to please the Builders and make the Act for their benefit rather than for Public benefit. But seeing that some of the suggestions like f.a.r. and density increase, suited them, they were selectively adopted while all other were ignored. Please read the article carefully and send your comments
Short-comings in the Uttar Pradesh Apartment(Promotion of Construction, Ownership and Maintenance) Bill & some Suggestions.
To 25-11-2007
The Pramukh Sachiv Awas Evam Shahari Niyojan
Government of Uttar Pradesh Secretariat
Bapu Bhawan Lucknow.
Respected Sir
I propose the following suggestions:-
Amendment in the Objects & Reasons
An Act to provide for matters relating to the ownership, individual rights as well as undivided interests in common areas & facilities & obligations of Purchasers of Apartments & Plots in Buildings & Townships & the common areas of these Buildings or Townships mainly developed by private Developers /Promoters / Builders & the Act may be extended to the Buildings & Townships developed & sold by Government Instrumentalities either wholly or jointly with private Developers.
An Act for promotion of Apartment Culture in the State so that Scarce Agricultural Land is conserved by means of common sharing of open areas, Lawns, common facilities & in general vertical growth of the Cities rather than Horizontal & for encouragement of the private Sector in the development of Residential, Commercial or Industrial accommodation and the development of Planned Townships having all the required Infrastructure to support the Inhabitants.
An Act to provide for Economical accommodation to the Citizens & specially to the needy weaker Sections of Society for accommodation of whom some density restrictions are also being relaxed by this Act.
An Act to provide for matters to minimize the disputes and litigations between the Owners of Apartments/Plots as well as between the Owners & Promoters.
An Act to provide for accommodation to the menial classes whose services are availed by the Apartment Owners & citizens of the City/Township & who are forced to live in slums due to lack of suitable accommodation near their work places.
An Act to provide for more spacious accommodation to the Citizens by way of additional f.a.r. subject to the number of dwelling units remaining unchanged.
An Act to promote creation of more open spaces, Parks & playgrounds by permitting more f. a. r. for lesser ground coverage.
An Act to provide for Use of Green Plantation Areas & Forests in the Townships for the purpose of providing parking space as well as for selling of goods by the poor vendors with preference to the owners or the family members of the Landowners whose lands are acquired for the Town Ships.
An Act to provide for sufficient Commercial space in Residential Townships so that the menace of Commercial activities encroaching upon Residential areas is curtailed and at the same time the Promoter is able to get better price to offset the losses that he may have to suffer on account of sale at lesser price to the deprived sections of the Society it will also allow him to offer residential accommodation at lower prices.
An Act to remove the mischief of complicated land owner ship rights and declare as symbolic all right of lessors in land leased by them and the leases having 75 or more years to expire.
An Act to provide perpetuity of owner ship and security of accommodation to Apartment owners.
Amendment & suggestion for definitions
In clause-(w), Promoter will include the owner or Lessee of the Land on whose land the Promoter or builder by whatever name called enters in to a Builders agreement to build or develop a building or plots & to sell them. In such an event the Owner or Lessee shall be deemed to be Co-Promoter for the purpose of this Act & shall be jointly responsible for all the obligations of the Promoter under the Act & shall jointly sign all the plans & Declaration.
After clause-(x), following clauses shall be inserted. (x-1)- “f” means the floor area of the individual Apartment in a building or plot area of a Plot in a Township as the case may be. (x-2)-“F” means the total permissible floor area available to the promoter under the Town Planning Laws applicable to the building or Township or as available under this Act, at the time of sanctioning of the development/building Plans by the Sanctioning Authority for the same. (x-3)- “f. a. r” means, in the case of buildings, the floor area ratio i.e. total permissible floor area (as per the Town Planning Laws in force or under this Act), of the Building/s divided by the total area of Plot deemed to be connected to the Building/s .In the case of Townships it means the total permissible floor area (as per the Town Planning Laws in force or under this Act), of the Township or Sector or Block by whatever name called divided by the area of the Township or Sector or Block.
Amendment in Section-4(1)
1. Instead of the existing phrase the following shall be substituted. 4-(1)-Any promoter who intends to sell - (a)-An Apartment in a building/s having a individual Plot deemed to be attached with the Building/s.
or
(b)- A Plot of Land in a Township or Sector or Block or Pocket of a Township
or
(c)-a constructed building having less than four apartments (on a separate plot) in the Town Ship or Sector or Block or Pocket of the Township.
Shall firstly, in addition to other documents which may be needed by the Local Authority having the power to sanction the development/building plans, make the following declaration before the Competent Authority as well as before the Local Authority as above and this Declaration made as hereinabove Shall be disclosed to the intending purchaser & shall form a part of the agreement between him & the Promoter whether he asks for it or not. This declaration shall Disclose amongst others the following—
(i)- The total area of the Land deemed to be attached to the Building/s.
(ii)- The floor area for construction purpose available on the Land as per the provisions of the Town Planning Laws or as available under this Act, at the time of applying for sanction of the building/development Plan.
(iii)-The total number of Apartments to be constructed with details of the floor area of each apartment separately.
(iv)-Not withstanding any thing to the contrary in Section-5-(2) or any other part in this Act, each person, who becomes entitled to the exclusive ownership and possession of an apartment shall be entitled to an undivided interest in the Plot of Land deemed to be attached to the Building/s including the common areas and facilities = f /F -where “f”=the floor area of the concerned Apartment & “F”=the total permissible floor area available (as per the Town Planning Laws in force or as available under this Act). Explanation- If any Apartment / area is provided (till the time he continues to provide the said service), free of cost or on rent or license to anybody for providing some essential utility like water or electricity or Fire or Police service or postal services & any other service necessary for needs of the Apartment owners, then, other than, the use of the allotted Apartment or Space, such service provider, shall not be entitled to any undivided interest in the property & shall be merely entitled to the Use & occupation of the area allotted to him & to those common areas & facilities of the property as are essentially connected to the provision of the said service. Explanation-2- Purchase of any parking Space shall not in any way add to the Undivided Interest of the purchaser in the property it shall merely entitle him to the Use of the Parking Space.( More attention needs to be paid to this issue as it is a sensitive issue requiring more specific provisions)
(v)- It is further clarified that if there is any increase or decrease in the permissible floor area for construction, applicable on the property, between the time of applying for sanction & the actual sanction then the Promoter shall ensure compliance with the amended provision as applicable on the date of sanction & obtain the sanction. The finally permissible Total Floor Area i.e. “F” shall prevail for the purpose of Declaration as provided in Section-4-(1) & shall be taken in to consideration for any sale to Intending Purchasers.
(vi)- If after the sanction of the Building/Development Plans, any additional permissible Total Floor area or f. a. r. becomes available on the property then the Apartment purchasers, who have become entitled to an apartment by making any payment(and obtaining receipt) either as an advance or as a token payment by whatever name called shall not loose any part of the undivided interest in the property & the common areas & facilities as has been deemed to have been created in their favor on the date of the initial payment, by the formula “f / F ” taking as a basis the Declaration referred to in Section-4-(1). In such an event the Promoter shall be entitled to the benefit of the increased f. a. r. only on the remaining unsold Apartments & he shall before selling any other Apartment, make a modified Declaration under Section-4-(1), containing the necessary changes & the leftover undivided interest in the property shall be divided amongst the new purchasers as per the changed Declaration.
(vii)- On becoming entitled to any additional f. a. r. after the sanction of the original building plans, the Promoter shall serve a notice by registered post to the Competent Authority as well as the Local Authority empowered to sanction the Building Plans and to all the Apartment Allot tees till that date and the date of service or refusal of this registered notice shall form the basis of determining the interests of the parties. It is further clarified that the availability of any additional f. a. r, on the property shall not absolve the Promoter of the responsibility to comply with the original Construction Schedule as disclosed in the Original Declaration.
(viii)- In case the additional permissible f.a.r. becoming available after the sanction of original Plan exceeds the sanctioned f.a.r by more than 25 % then in addition to the provisions of safeguarding the undivided interest of the Apartment Allot tees provided as above, it shall be mandatory for the Promoter to obtain the No Objection of all the Allot tees as on the date of service of the notice.
(ix)- The Promoter shall not be entitled to the benefit of any additional f. a. r which becomes available on the property after the date of happening of the earliest of the following events (a)-Issue of Occupancy / Completion Certificate ;(b)-The date of Likely Completion of the Building as declared in the Declaration under Section-4-(1); (c)-The date of putting in to possession of any of the allot tees /purchasers of any Apartment. After this date if any additional f. a. r becomes available on the property then the Apartment owners/allot tees as on this date shall be entitled to the benefit of this additional f. a. r and the Promoter shall be entitled only to the benefit available on the unsold Apartments. When the Apartment Owners become entitled to this additional f.a.r then to utilize this benefit they shall have to take further steps only through the Association formed by them as per provisions of this Act and if the structural safety of the Building permits (certificate to this effect will have to be obtained from an Authority or agency or Panel of Structural engineers which may be nominated or approved by the Competent authority or Local authority or the State Government) additional construction then such additional construction may be undertaken by the Association & divided amongst themselves provided at least 80 % of the Apartment Owners give their N.O.C. in writing to the association. In case there is some other space available to the association under joint ownership of all the Apartment Owners in excess of the mandatory minimum Parking Area and other common Areas which are to be kept un-built upon as per provisions of the Town Planning Laws in force on date of fresh sanction then this space may be built upon provided there is ample space for Parking & Common areas to serve the new dwelling units to be Constructed. In all such cases all the apartment Owners together with the Association shall be deemed to be Co-Promoters for the purpose of this Act & shall be obliged to comply with all its provisions if they want to sell at any time, any part of the property or additional Apartments built on account of the additional f. a. r. available. Provided that for this Section and for any other Section of this Act, each Apartment owner shall be entitled to one vote of equal value irrespective of the area of his Apartment. It is only for the purpose of the valuation of the property in the case of sale or mortgage or insolvency or for Insurance & other like financial purposes that the interest of the Apartment Owners shall be considered in proportion to their undivided interest created in the property on the basis of the floor area of their Apartment.
(x)-If the promoter is unable to use up the original f. a. r available to him before the date of happening of the earliest of the following events (a)-Issue of Occupancy / Completion Certificate ;(b)-The date of Likely Completion of the Building as declared in the Declaration under Section-4-(1); (c)-The date of putting in to possession of any of the allot tees /purchasers of any Apartment, then he shall not be entitled to do so afterwards and in that event the undivided interest of each Apartment Owner will stand proportionately increased to f/Fa where Fa=the actual Floor Area out of the total permissible floor area used up till the above date.
Some of the above complications can be avoided if provisions are laid beforehand disallowing any increase in f.a.r after the commencement of the Building/Township.
Suggestions regarding Density Restrictions & f. a. r
A- It has been observed that day bye day the prices of properties are increasing on account of speculative tendencies & at the same time prime Agricultural Land is being lost to the expanding Cities and this is driving residential accommodation beyond the buying power of the masses. People are being forced to live in worst conditions than even Beasts in small hovels. Talking about Kanpur when Jawaharlal Nehru visited Kanpur, soon after independence, in the early Fifties, he used these very words when he visited a few hataas on G.T road in Kanpur. Since then ten five year plans have gone by & the nett result is that now there are fifty times more such Beast like creatures (poor citizens), living in smaller hovels. The situation is the same in all the cities of the Country.
One of the reasons which forces ordinary citizens to live in such small houses is the denial of proper f.a.r by the Town Planning Authorities for reasons best known to them. It is the dwelling Units permissible, which should be restricted & the restrictions of f.a.r should be lenient & related to the creation of more open spaces. The Honorable Supreme Court of India in the public interest petition initiated by itself in the matter of
News-item “Hindustan Times” A. Q. F. M. Yamuna
v.
Central Pollution Control; Board & Another
By order dated December-12-2003 of two Judges,
J. Rajendra Babu & J. G.P. Mathur , reported in (2004) 9 SCC-569, held that no objection can be taken to allowing more F.A.R to give more spacious accommodation to the Citizens, provided the Number of permissible Dwelling Units is not increased
Keeping in view the Mumbai Town Planning Restrictions, which provide for a Dwelling Unit density of 450 dwelling units per hectares. However since the problem in U. P. is not that acute and lesser density can be fixed. I therefore make the following suggestions,
1. No group housing Activity (construction of more than Twenty Apartments with undivided interest in common areas) shall henceforth be permissible on a plot of less than 4000 square meters of Land.
2. Not withstanding any thing to the contrary in any other Law for the time being in force Each hectare of Land in any New Township henceforth to be sanctioned on more than (minimum area to be specified preferably not less than 100 hectares i.e. 1 Km X 1 Km) of land shall provide for at least 150 dwelling units per hectares. Any density restrictions of any Zone or area, in which the development of the New Town ship is sanctioned, after the coming into operation of this section /Act in any Master Plan of any Urban area /Municipality shall stand increased to 675 persons per Hectares for the area of the Township.
3. Not withstanding any thing to the contrary in any other Law for the time being in force including any Town Planning Act or Master Plan, the maximum number of dwelling units permissible per hectares shall be not more than 300 (each dwelling unit is deemed to be inhabited by 4.5 persons for the purpose of calculation of density).
4. (1)-Not withstanding any thing to the contrary in any other Law for the time being in force, at-least 20 % of residential dwelling units to be created in any new Township shall be allotted, complete in all respects to the economically weaker sections of Society [to be specified by the Government / Competent authority(subject to 30 % reservation of these dwelling units for the residents of the Village/s whose lands were or are acquired for these Townships whether by agreement or by an Award under the Acquisition Act In case of other allottees of this category, due regard shall be paid to the usefulness of the Allottee for the Township i.e Barber, Dhobi, sweeper, Domestic help & the like ) in such manner as may be prescribed, subject to the condition that it shall not be sold or transferred or let or kept vacant in any manner by the allottee for at least twenty five years from the date of possession )] at the following rate— (a)- In the case of built-up Apartments, at the cost price of the Construction of the Apartment so allotted (cost to be calculated by a qualified valuation expert out of a list of those nominated by the Government) only(The Competent authority may provide for further reduction of the sale price in the case of allotment to the Villagers of the Villages where these Townships are situated . (b)- In the case of the plotted Development at the purchase cost of the Land calculated by multiplying the sale consideration paid by the Promoter per square meter of land by the area of the plot so allotted subject to a minimum of 50 square meters. Explanation-1. It is hereby clarified that in calculating the cost of the apartment under this section, the cost of land and any other amenity or facility shall not be taken in to account.
Explanation-2. It is hereby clarified that the minimum Carpet area of each dwelling unit to be allotted to the weaker sections as above shall be = 40 square meters & shall comprise of at least two rooms + one kitchen +one Toilet cum Bathroom and one balcony.
Explanation-3. It is hereby clarified that while calculating the total number of Residential dwelling units for the purpose of this Section, all the residential dwelling units of the Township shall be taken in to account.
Explanation=-4. It is hereby clarified that such Allottee of the weaker Sections shall also gain an undivided interest in the property in proportion to the floor area allotted to them in the same manner as the other Apartment owners. This undivided share may be mortgaged to a financial Institution to avail loan by the allottee. 4-(2)-The Competent Authority or the Government may call for applications for such allotments after the construction of the Building or Plotted Development has commenced & upon such Commencement, the Competent Authority or the Government shall be deemed to be the allottee of the Apartments & shall be obliged to make necessary arrangements for immediate payment to the Promoter for the cost of these Apartments as agreed upon with the Promoter or in five equal installments depending on the progress of the building starting from one month after the Commencement & ending with the final payment within one month of being put in to possession or deemed possession which will be the date on which a period of one month has expired after the issue of Completion /Occupancy certificate.
5. Not withstanding any thing to the contrary in any other Law for the time being in force & subject to complying with the provisions of the previous section & subject to the maximum permissible number of dwelling units remaining unchanged, the maximum ground coverage & the f. a. r. available for group Housing & Townships shall be as under (a).The maximum permissible ground coverage --------------30 % (b).maximum permissible f.a.r. in case of 30% ground coverage=2.00 (c)-maximum permissible f a.r. in case of 25% ground coverage=2.25 (d)-maximum permissible f.a.r. in case of 20% ground coverage=2.50 (e)-maximum permissible f.a.r. in case of 15% ground coverage=3.00 (f)- maximum permissible f.a.r. in case of 10% ground coverage=3.50 The above recommendation of more f.a.r for lesser ground coverage is based on the principle laid down by Awas Anubhag –3 Notification No.1084/XXXVII-3-29-N.K.V.-86 dated May-18-1987 regarding Lucknow Master Plan. However in that the Commercial area specified was very low resulting in Chaos in the Cities, where the commercial activities have encroached on all other Users. Additional commercial User will allow the Promoters to give concession on Residential Dwelling Units.
6. In addition to the maximum permissible f. a. r. as above, a further additional f. a. r of 0.5 shall be available to a Promoter who in compliance of the mandatory requirement of allotment to economically weaker sections, instead of 20 %, allots 40 % of the residential dwelling units to the economically weaker sections of Society.
7. In the case of Commercial Sections, the Provisions of this Act shall apply mutatis mutandis and separate Rights& undivided interest in common Areas & facilities of these Commercial areas shall accrue to all the Apartment Owners (includes owners of Offices, Shops, Showrooms as the case may be). It is hereby clarified that apartment Owners of Commercial areas shall not obtain any undivided interest in the Common Areas & facilities of the Residential Section & vice versa.
8. In the case of Commercial areas the following Ground coverage & maximum f.a.r shall be permissible-
(a).The maximum permissible ground coverage --------------40 % (b).maximum permissible f.a.r. for above 25 % to 40% ground coverage=2.00 (c)- maximum permissible f.a.r. for above 15 % to 25% ground coverage=2.50 (d)-maximum permissible f.a.r. for up to 15% ground coverage=3.00
Other provisions which are essential & may be incorporated
9. The Promoter will be entitled to & bound by the Specified number of maximum & minimum number of dwelling units, ground coverage, f. a. r. etc on the basis of the entire area of the Township to be developed by him without excluding any area of roads, parks, open spaces etc. However the area set aside for Commercial centers shall be excluded from it. In addition to this 1 % of the total permissible dwelling units can be constructed additionally for Security & care taker staff but within the same f. a. r . These additional units shall not be sold & shall be at the disposal of the Association formed for the Building/Township/sector/pocket/Block as the case may be. The promoter shall be entitled to recover the cost of these by proportional addition to sale price of the Apartments.
10. Not withstanding anything to the contrary in this Act or any other law for the time being in force, the Promoter shall set aside for Commercial activities( like Shops, Showrooms, Nursing Home /Hospital, Offices, Guesthouse, Multiplex, Community Center & the like)of the Township, at least twenty percent & maximum twenty five percent of the Land Area of the Township, at specified locations (to be specified by him). Each of these Commercial Centers shall be specified as a separate sector or block or pocket by the Promoter. All such Commercial Centers shall be clearly demarcated by means of some visible permanent markers & shall be separated from the Residential Sectors /blocks /pockets, preferably by Roads + Parks, Plantation Areas, Playgrounds, Open Spaces . However, in the case of smaller Townships, where such separation is not possible, by a minimum distance to be specified & at least half of this separation area shall be planted with large trees on the Residential side of this separation area to insulate it from noise & pollution of the Commercial area. The other part of the Separation area towards the Commercial area may be used for Road, additional Parking. Endeavor should be made to have a clear separation of at least 100 meters between the Commercial Centers & the Residential Blocks.
11. Not withstanding any thing to the Contrary in any Law for the time being in force, including the Registration Act & the Stamp Act, where any Land is purchased by a Promoter (who intends to develop a Township under the provisions of this Act) after intimation to the Competent Authority/Local Authority/the State Government as the case may be and after obtaining the clearance for the same, stamp duty @ only one percent shall be payable by the Promoter for the registration of such Land subject to the condition that he shall make the necessary developments & execute the registration deeds of all the apartments & developed Plots before delivery of possession and in any case within five years & thereupon Stamp duty at a rate to be fixed by the Government (but not exceeding five percent of the sale consideration) shall become payable & till such time the Stamp & registration Department shall have first lien on the property, which shall be duly recorded in the Sub-registrar’s Office at the time of purchase by the Builder. Provided that the Circle rate taken in to consideration at the time of the purchase by the Promoter shall be deemed to be the Circle rate for Agricultural Land.
12. Not withstanding anything to the contrary in this Act or any other law for the time being in force, A Building,( in which Sale of Flats has been permitted by the Competent authority to the Promoter) shall be completed and the purchaser/Allottee unless disqualified under this Act shall be put in to possession immediately after the expiry of three years from the date of commencement of the building. In the event of any default by the Promoter, The State Government/Competent Authority shall be deemed to have been appointed as the receiver of the property & shall take the necessary steps to complete the building & safeguard the interests of the apartment Owners/Allottees as well as the interest of the Registration & stamp Department and any other Government Department & till such time all interest of the promoter shall stand suspended and after the above obligations have been met by the receiver, the interest of the Promoter shall revive only in any surplus left either in shape of money or un sold Apartments subject to further reduction on account of Administrative charges to be deducted by the Receiver.
13. Not withstanding anything to the contrary in this Act or any other law for the time being in force, where a Promoter intends to develop a Town Ship under the provisions of this Act, he shall submit a complete plan of the same including the stages by which he intends to proceed & complete the Township The Plans shall clearly show the Residential Areas of the Township & the Commercial Areas and these shall be demarcated in to Phases /sectors / pockets / blocks as the case may be.
14. The Plans shall further show the Parks, the Plantation areas, the Open Spaces & the roads & the Playgrounds & Schools, Colleges & other public utilities.
15. In Residential Section of the Township (i.e. total Township area minus the Commercial Area set aside, a minimum of 10 % land area shall be developed as Parks; a minimum of 10 % as Playgrounds; a minimum of 2 % as Open Spaces to cater to Dussehra / Durga-pooja & other religious & social & cultural Users requiring Open Space (no such celebration shall be permissible in Parks & Play grounds). Provided further that these open spaces may be utilized for temporary vegetable/fruit markets, handicrafts bazars & fairs to provide space to small vendors & Hawkers on temporary basis only.
16. Adequate provision subject to a maximum limit of one percent of land shall be made to accommodate Temples / Gurudwara / Church / Mosque & this will be left to the discretion of the Associations.
17. Provision for suitable number of Nursery & primary Schools based on the Education Department’s Norms shall be made in the Township.
18. Plantation of large Trees with a distance of thirty to fifty feet between the Trees shall be done on at least 10 % of the entire Land of the Township including the Commercial Areas. Each Tree shall be provided with an enclosure of six feet on all four sides by means of a fence or Tree Guard. However beyond these enclosures, these Plantation Areas may also be used for, Jogger tracks; for providing space for Additional Parking Areas; Space shall also be allotted (as per norms to be prescribed by the Competent Authority/State Government /Local Authority as the case may be, in these Plantation Areas & the other parts of the Townships, for Vendors & Hawkers & Kiosks may be constructed for the purpose & allotted provided that fifty percent of all Hawking/Vending Spaces/Kiosks in any Town ship (including the Plantation Areas shall be reserved for allotment to the Inhabitants of the Villages on whose lands these Town ships are situated & amongst these fifty percent, half shall be reserved for allotment to the family members of those Villagers of these Villages who were considered as Landless villagers within the meaning of the U.P. Zamindari abolition & Land Reforms Act-1950 at the time of the Acquisition of the Land of the subject village. Provided that the Vendors & Hawkers will only be permitted to enter in to & sell their wares during the time (for a minimum duration of ten hours daily) to be prescribed by the Association. Provided that at least 50 % of the land of the Plantation Areas shall be left open as raw earth i.e without any artificial paving & the balance area may be covered with tracks/flooring by means of porous material or Tiles. Provided further that no permanent structure of any masonry material shall be constructed in these Plantation Areas other than water tank/ tube well etc.
19. The Builder shall complete the Development of the Township within the time specified in the Declaration & in any case within seven years. Prior to this period for completion of the Township, he may complete the various Phases of the Township/ Sectors / Pockets & Blocks one by one but in that case he shall have to provide the minimum common facilities like Parks, Tot-lots, Jogging tracks etc & proportionate number of Schools out of the total planned as well as sufficient number of Shops /Commercial space so that the daily needs of the Inhabitants are met.
20. The Township shall be directly accessible from a public road of at least 30 meters width across the entire length of at least two sides of the Township & in case of any shortfall on this account the Promoter shall have to provide space from the Township’s Land so that the shortfall is met & in such an event, the Road Land so contributed shall be owned by the Township but for all practical purposes shall vest in the Local Authority for the purpose of a Road, qua a Road and the local Authority shall have no other right of any commercial exploitation of this portion of the road other than normal laying of Sewer lines /water/electric lines and other public utility lines.
21. (1)-In order to allow for smooth traffic on the Public Roads, with minimum of merging traffic, the Township shall be completely enclosed by a Compound wall of such height as may be permitted by the sanctioning Authority subject to minimum of two meters. Access to the Public Road may be had from common Entrances /Exit openings of not more than 30 meters width in the Compound wall provided that the minimum distance between any two openings on any one side shall be five hundred meters measured from center to center of the opening. It is hereby clarified that this distance restriction shall not apply in case of Openings on different roads i.e An opening in the North wall may be situated right next to the Opening in the Eastern or Western Wall i.e. on the Corner & so on. No such opening shall be made within ten meters of any Commercial Building of any Commercial area.
(2)- Parallel to the Outside Public Roads, There shall be Constructed inside and alongside the entire length of the compound wall, a inner road of the prescribed width as per the hierarchy of roads prescribed by the sanctioning Authority for Development Plans, shall be constructed so that the entire traffic of the Town Ship enters & exits only through prescribed gates of the Township.
(3)- Alongside all the Openings in the Wall, there shall be constructed a depression or alcove in the Compound wall & it shall be covered in a suitable manner so that a space of twenty meters wide by five meters deep is available, outside the Compound wall as a Bus Stand/shelter + public Toilet to the general public. The ownership of this Bus stand/shelter shall vest in the Township but free use shall be permitted to the general public. (4)- The Compound wall shall at all times be maintained in proper state without any breach or any reduction in height at any point & if at any time it is found to be broken allowing access to the Public Road at places other than the designated Openings then the Association shall be held liable & a fine of Rupees Five thousand per day shall be levied & shall become payable to the local Authority in whom the Public Road Vests. The Public Authority shall be entitled to get the repairs made at the cost of the Association.
(5)- No Residential or Commercial building other than that provided to the Security staff or for Public Utility Service providers shall be situated within a distance of ten meters from the Compound Wall
22. It shall be obligatory upon the Promoter to provide suitable Space as per the stipulated Norms of the Zonal Plan on the periphery of the Township free of cost to the following service providers & public utility services. (1)-Police Post/Station. (2)-Post Office. (3)-Fire Station. (4)- Electric Substation. (5)- Water supply department (if public water supply is availed of. (6)-government dispensary.
(7)-Any and all other utility providers which may be prescribed by the Sanctioning authority to be allotted space either free of cost or in case of profit making service providers like the Telephone Department & the like after realizing payment. Provided that where the Size of any Township is small and it is impracticable to burden it with all these then the Sanctioning authority shall ensure that the required number of Townships are clubbed together & proportionately levied with the burden of providing these services. It shall be the responsibility of the Sanctioning Authority of Development plan to provide all these public utility services to all the Inhabitants of the Town Ship/Zone.
23. Land and building for Sufficient number of Primary schools & Land only (for required Number as per planning norms) for High Schools/ Inter colleges and Degree Colleges shall be provided by the Promoter as per the Norms of the Education Department all of which shall be handed over free of cost, for running & management only to the Local Authority having obligatory functions to provide Primary Education. Thereafter it shall be duty of the Authority to either run them itself or to give them to others on lease of fifty years/ renewable for further periods subject to compliance of terms and conditions (with first preference to Cooperative Societies of Teachers), without any charge, other than local Municipal taxes, the underlined idea being to provide cheap education to the masses. The builder will be entitled to add the cost to the Apartments/plots/properties sold by him.
24. The Possession of Commercial accommodation shall be given simultaneously or within two months before or after the Possession of Residential apartments & in proportion to the Residential Apartments the possession of which has been given. Explanation-1- If the promoter is in a position to give Possession of ten percent of the dwelling units then he shall be permitted to give possession of up to ten percent of the Commercial Area, two months before or within two months afterwards and so on. This restriction shall not apply in case of Commercial Plots sold for Nursing Homes /Schools & public utility services.
25. Suitable Parking Space shall be provided within the Township for Parking purposes of the Inhabitants as well as the Visitors. No parking of any Vehicle shall be allowed outside the Compound wall of the Township/Apartment Building as the case may be. A fine of Rupees two hundred shall be recovered, on the Spot, by the Local Municipal Authority from such Vehicles found parked out side and the same will be impounded in case no occupant is found therein on the spot.
26. The Competent Authority or the State Government shall lay down the norms for forming the association of Apartment Owners & it may provide for forming of Associations, Building wise, specified number of Apartment wise-, Sector wise, Block wise, Pocket wise & then from amongst these for formation of Phase wise & Township wise Associations and assign to these, specific duties, rights& functions.
27. These suggestions have been drafted in haste so that they may be put up, in time before the concerned stake holders who are welcome to fine tune & adopt as many of them as they find suitable.
28. Provisions to stop speculation in Land.
(a) Not with standing anything to the contrary in any other law for the time being in force, vacant plots & apartments will attract penal property taxes at at least twice the rates as are applicable on occupied apartments.
Provisions to avoid legal battles on Account of unregistered eleven month tenancy agreements.
29. Apartments rented/leased out for less than ten years to be levied only with one percent stamp duty & maximum 5000/- as registration charges. Those rented/lease out for more than ten years to less than 30 years to be levied with maximum 2% stamp duty. Any new lease for more than thirty years or where old rent/lease agreement is extended beyond thirty years to be deemed to be transfer for the purpose of stamp duty & subjected to stamp duty at that rate subject to maximum of 5%.
Removal of the mischief of complicated lease hold rights (started by Foreigners, who had a long History of Land Lord Tenant relationships i.e. a feudal system of Land owning gentry) and for provision of security and permanence of owner ship rights to apartment owners.
30. Where a owner or lessor of any property joins as joint promoter or is deemed to be joint promoter then not with standing any thing to the contrary in any law for the time being in force he shall be deemed to have extended the lease for perpetuity i.e. free hold & shall jointly sign all the sale deeds of apartment owners & in case he himself is a lessee of some body else then it will be deemed that he has extended the lease for the remaining period of his lease & all his interest in the lease of the property shall come to an end automatically at the termination of the lease period & the apartment owners shall step into his shoes collectively.
31.(i) No Township or building under their Act shall be developed on any land under lease if the lease period remaining at the time of applying for sanction to the building or township is less than 75 years.
31 (ii) Not with standing anything to the contrary in any other law for the time being in force in case of lease hold lands, the lessee who joins as co-promoter and holds full rights in the lease for at least 75 more years as on date of applying for sanction of Development for a Township or apartment building shall be deemed to be the final lessee or deemed owner of the land and all previous lessors /leasees or sub-lessor /sub-leasees by what ever name called shall be deemed to be jointly holding equal but only symbolic rights and interest in the land and such total symbolic interest will be valued at 10% of the market value based on the prevailing circle rate of the land on the date on which the final lessee/ deemed owner applies for sanction under this Act. All these previous lessors /leasees or sub-lessor /sub-leasees by what ever name called shall be called "PARAMOUNT LESSORS".
32. (i) Before according sanction to any new township or building under this Act the competent Authority shall at the cost of the promoter, cause public notice to be sent by registered post twice within a period of two months at the address if known or recorded in the lease documents of the PARAMOUNT LESSORS. The said public notice shall also be published in at least two news papers (one in English and one in local language) having maximum circulation in the area know or believed to be the area where out of the "PARAMOUNT LESSORS", the lessor who lastly executed the existing lease, or his heirs reside. The said public notice shall also be published in two news papers as above in the area where the property is situated.
32-(2) After the sending by registered post and publication of the public notice as above, if within one month no objection is received then not with standing anything to the contrary in any other law for the time being in force the "PARAMOUNT LESSORS" shall be deemed to have Consented to make free hold the lease in favor in final leasee/ deemed owner & the Competent Authority shall be obliged to issue the necessary certificate to this effect which shall be registered by the sub registrar after receiving the necessary Registration fee not exceeding ten thousand rupees and 2% as stamp duty from the promote or joint promoter as the case may be provided the promoter or joint promoter have deposited the compensation to be paid to the PARAMOUNT LESSORS.
32-(3) If in response to any public notice as above any paramount lessor or his heir submits an objection in writing then the residual interest of all paramount lessors or their heirs, not with standing any thing to the contrary in any other Law for the time being in force shall be deemed to be fixed at ten percent of the market value of the land based on the circle rate as prevailing on the date of application by the final lessee/deemed owner of the land for sanction for development of the building/apartment and this compensation shall be deposited with the land acquisition Tribunal under the Land Acquisition Act-1894 from where the claimants may claim it & for this purpose no court fee shall be payable by the claimants and the same procedure as under the land Acquisition Act shall apply for payment of this compensation amount. Explanation:- It is hereby classified that not withstanding any thing to the contrary in any law for the time being in force the amount of compensation as determined above shall in no case be in creased or decreased by any Court, Tribunal or other Authority.
32 (4) The Certificate of ownership issued in favor of the final lessee/deemed owner as mentioned above shall have effect only after the occupancy certificate/completion certificate has been issued by the plan sanction Authority for the Building/Township plan i.e. at the time of sale deeds by the promoters in favor of Apartment owner.
32 (5) In case no claimant comes forward within one year of the last publication of the public notice (informing the Paramount Lessors), to claim any interest as PARAMOUNT LESSORS then the compensation amount deposited by the promoter to acquire symbolic interest of the PARAMOUNT LESSORS shall belong to the competent Authority who will use it for the proper implementation of the Act.
Sincerely Yours
Robby Sharma
(865, Block-B, Panki Kanpur-208020)
mob-9415438326 ; 9235844258.
Email sharmarobby@hotmail.com
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