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- Nagpur civic body shies away from rainwater harvesting, makes it must for pvt properties It even failed to introduce rain water harvesting in its seven-storey new administrative buildingProshun Chakraborty | TNN | June 16, 2017, 13:30 IST
NAGPUR: The civic body, which failed to promote rainwater harvesting (RWH) in the city, has also failed to set up the facility in its own buildings and properties. Despite the fact that most of its properties lack rainwater harvesting provision, the municipal corporation has made it compulsory for all the new properties coming up in the city.
It even failed to introduce rain water harvesting in its seven-storey new administrative building. The office of Executive engineer (new administrative building) Nagpur Municipal Corporation has admitted this in a RTI reply to a query filed by activist Siddarth Prabhune.
In its reply, the EE’s office has also admitted that a private firm M/s Deep Construction, Nagpur had been assigned for the job, but it is not done yet.
The NMC owns more than 400 properties in the city, but more 97% of the places lack rainwater harvesting facility. “Had the municipal body installed the system in all its properties, it would have surpassed the number of new properties that had set up the facility in the previous fiscal,” said Prabhune.
He questioned that when the NMC could not implement this in its own premises how it will compel private property owners to implement the same.
Every time there is a water shortage situation owing to deficient rainfall, the civic body insists on making rainwater harvesting mandatory for new projects, but fails to implement it. After a government resolution in 2007, the NMC had made it mandatory for all new constructions above 1,000 square metres to install rainwater harvesting system to obtain their occupation certificate (OC) in 2008. The GR had also empowered the NMC to impose a levy of not exceeding Rs1000 per annum for 100 sq mt of built up area for the failure of the owner of any building constructed after issuance of the GR.
In 2016, the then standing committee chairman Sudhir Raut too had announced to implement rain water system in entire 72 wards (now 38 wards). The NMC was supposed to provide 50% fund for the purpose. But nothing has happened later.
A senior NMC official from town planning department, said the civic body is taking up the initiative very seriously. “The civic body is encouraging the citizens to harvest rainwater. All the new buildings coming up in the city have to set up the facility.”
To a query, the officer pointed out that the new administrative building is yet to be completed. We will also provide rainwater harvesting facility in our main office,” he claimed. The department too has no data of how many buildings in the city have implemented RWHs.
Many important locations such as schools, ward offices and hospitals lack the facility, he admitted. But was very quick to inform that NMC has also successfully implemented rainwater harvesting system in its few zonal offices and they included Lakadganj, Nehru Nagar, Ashi Nagar and Hanuman Nagar. Assistant commissioner of Dharampeth zone Mahesh Morone said that his office earlier had the system but due to some work, the main pipe got damaged. Soon, the system will be restored, claimed Morone. The zone offices which have not implemented RWH include Laxmi Nagar, Satranjipura, Gandhibagh, Dhantoli and Mangalwari.
Even the water works department has helped many private sites implement the project, claimed a senior official from the department and adding these included public well in Navin Nagar, 20 housing societies in Vankatesh Nagar, Vathoda, 20 flat schemes in Bhende Layout in Laxmi Nagar, three public wells in Nehru Nagar zone, and Shitla Mata temple in Gopal Krishna Nagar.
- Nagpur civic body likely to unearth around two lakh unassessed properties The NMC officials, led by additional municipal commissioner Ravindra Kumbhare and assistant commissioner Milind Meshram, have been carrying out the civic body’s first ever intensive property tax revaluation drive for the last one year.Anjaya Anparthi | TNN | June 17, 2017, 13:00 IST
NAGPUR: The Nagpur Municipal Corporation (NMC) is expecting to unearth around two lakh unassessed properties. The properties had been left out of tax purview for over five years, proving civic body’s negligence towards a major source of revenue.
The NMC officials, led by additional municipal commissioner Ravindra Kumbhare and assistant commissioner Milind Meshram, have been carrying out the civic body’s first ever intensive property tax revaluation drive for the last one year. Of the 5.35 lakh registered properties in the city, 2.24 lakh have been covered under the drive till date.
A senior officer from NMC property department told TOI that 54,000 properties were found to be not under property tax purview. “The drive is in full swing in seven out of 10 zones of the city. Unassessed properties are structures and also open plots which are mostly on the city’s outskirts. Most of these properties have been in existence for the last five or more years,” he said.
The officer added that the number of unassessed properties may cross 2 lakh after covering the entire city under the drive. “We have started assessment of the 54,000 properties and expect to generate an additional revenue of over Rs50 crore from them. The additional revenue may cross Rs150 crore if the unassessed properties are around two lakh,” he said.
The NMC will also incur revenue loss from these unassessed properties. The property tax has to be levied on the owners from the time the plot was formed. The NMC will calculate the tax of unassessed properties since formation of the plot but as per new rules it cannot recover property tax for the period beyond six years.
Engineers of the property tax department are to be blamed for the loss. Property tax assessment is a continuous process but the engineers did not identify new properties on a regular basis. Also, the revaluation drive has to be conducted once in five years but it was not done for the last over 10 years.
As far as existing properties are concerned, the drive has covered 2.24 lakh properties. The deadline to cover remaining properties is September 30. The NMC has prepared assessment register of 1.10 lakh properties and is putting it up for suggestion and objections from owners. Demand notes of the properties are likely to be issued zone-wise from July.
As per norms, the NMC has to distribute demand notes for first six months (April to September) by April end and for the next six months (October to March) by October end. The distribution of demand notes has been delayed due to the revaluation drive.
The demand notes will be as per the new tax system and likely to be 3-5 times higher than the earlier tax. The demand notes will also comprise of difference in the amount for the last two fiscal.
- 32 builders in Nagpur under SIT scanner for fraud, cheating SIT, after being opened earlier this year, has so far received around 701 applications from 2,500 applicants seeking redressal of their grievances pertaining to land-grabbing, cheating, fraudsTNN | June 21, 2017, 17:09 IST
NAGPUR: Special investigation team (SIT) attached to crime branch has so far received complaints against 32 builders for various matters of fraud, cheating and land-grabbing. Some of the top names are now either booked for offences or are under scanner.
SIT, after being opened earlier this year, has so far received around 701 applications from 2,500 applicants seeking redressal of their grievances pertaining to land-grabbing, cheating, frauds, forgeries and threatening among others against several builders, developers, estate agents, realtors and all sorts of property dealers. SIT officials claim that every day fresh complaints are flooding their office.
Assistant CP Somnath Waghchaure, who is spearheading the SIT team under DCP (crime) Sambhaji Kadam, said they have taken a systematic approach while functioning the specialized unit. “We have now formed three categories with distinct approaches. Some of the more complicated cases involving bigger societies with more than 10 complainants or a group are included in ‘A’ type while the ‘B’ type would include matters pertaining to ones where offences can be immediately registered,” he said.
“The ‘C’ type cases shall include the ones that are related to trivial matters and smaller disputes within the family,” he said. “C types would be referred to police stations for further action. The review of the status of the complaint would be taken too,” he said.
Waghchaure also said meetings with other agencies like NMC, NIT, collector office, city survey department and land records have already taken place. “Every department has assigned one of their officials as nodal officer for coordination with SIT. They have also extended assurances for cooperation,” said the ACP.
In another crucial decision, SIT is also set to inform collector office regarding fraud cases related to property that are being chargesheeted. “We will suggest collector office for cancellation of property registrations and deeds once the chargesheet is sent. Though the collector office would act only upon the decision of civil courts, our correspondence would also act as the basis for cancelling fraud deeds,” he said. “In any case, we are seeking details from collector’s office during the course of investigation,” Waghchaure added.
Out of 701, around 290 are against Gwalbanshi family, including Dilip, along with their aides. Dilip has also been slapped with Maharashtra control of organized crime Act (MCOCA). SIT has already registered 21 offences so far and invoked MCOCA two cases including one against Jerman Japan gang at different police stations.
SIT was formed, as a separate entity other than ‘Property cell’, by CP K Venkatesh to tackle land-grabbers and real estate frauds involving goons. SIT has arrested 25 persons among 157 accused in 21 cases that have been registered. Around 412 have already got relief as many got their lands back and could begin construction.
- Nagpur: Empress City residents cry foul against builder The residents said not a single portion of the entre project spread in three phases has been completed entirely.TNN | June 23, 2017, 11:29 IST
NAGPUR: Residents of Empress City — Nagpur’s first luxury township — said they have moved the court against the builder for breach of commitment and cheating. Two separate cases have been filed in the district and consumer courts last year.
However, even as nearly a year has passed after the litigations were filed, the builder’s lawyer has not appeared in any of the hearings. So far 5 hearings have taken place in both courts but counsel for the builder — M/s KSL Reality & Infrastructure Limited was present in none, said Pawan Kumar Jain the president of Empress City Flat Owners Association. The residents held a press conference at the township on Thursday. “This shows that the builder is only avoiding the matter,” he said.
The residents said not a single portion of the entre project spread in three phases has been completed entirely. The builder has not even executed sale deed since last four years despite repeated reminders. Many residents had availed bank loans to buy the flats, and they are now facing legal consequences for want of sale deed.
The flat owners have alleged that the builders also did not meet a number of commitments, and the construction was substandard. There were seepages in the flats and basement parking. The staircase was uneven, with unused construction material dumped in the emergency exit area. There were poor security arrangements apart from other issues.
A builders’ representative said much of the things can be sorted out if the residents contributed a bit more for maintenance. Many other works to be done from the builders’ side are expected to be competed soon, he said.
- Nagpur civic body to target 38 Dhantoli bldgs for blocking parking space According to data compiled by the zone, there are 38 buildings that have violated sanctioned plansProshun Chakraborty | TNN | June 23, 2017, 17:00 IST
NAGPUR: Dharampeth zone of Nagpur Municipal Corporation (NMC) is set to act against unauthorized constructions in Dhantoli area. The zone, led by assistant municipal commissioner Mahesh Moroney, has prepared a list of buildings, mostly commercial ones and hospitals, that have unauthorized constructions in basement parking.
According to data compiled by the zone, there are 38 buildings that have violated sanctioned plans. Though Moroney was not available for comments, a senior official from the anti-encroachment department confirmed the development and said despite giving notices under the MRTP Act, most violators had not razed the illegal constructions.
On Wednesday, Dharampeth zone had handed over the list of buildings to NMC’s anti-encroachment department. The officer pointed out that most violators had either approached the courts for a stay or submitted revised plans with NMC’s town planning department or Maharashtra government’s urban development department (UDD). According to the list, Suretech Hospital, Narayan Hospital, Bharuka Bhavan and Shatayu Hospital had approached the UDD seeking revision of their sanctioned plans. Two establishments including Crescent Hospital and Avista Eye Hospital had submitted revised plans with the NMC’s town planning department.
Sources said filing for revision of sanctioned plan is simply a way to thwart demolition action against unauthorized construction. Sources cited example of Suretech Hospital on which Dhantoli zone had served notice twice but it approached NMC’s town planning department seeking revision of sanctioned plan. It was rejected twice and it approached the UDD where it is still pending. In all there is 1047.42 sqm of unauthorized construction in the building.
As their pleas have not been cleared within the stipulated period of two months, the zone office has now decided to take action against unauthorized constructions. The motive of the drive will be to clear off street parking in Dhantoli. Resident Mandar Chitley blamed NMC for the mess. He said zone office was issuing notices for unauthorized constructions for years but no concrete action had been taken.
Nagpur traffic police too has launched a drive to streamline traffic in Dhantoli. After declaring declaring 19 internal lanes as one-way, the police led by senior PI Jayesh Bhandarkar have started penalizing violators. Till June 17, the police had penalized 1101 drivers for parking in no-parking zones. Besides, the cops also booked 776 people for wrong side driving, said Bhandarkar.
- Nagpur civic body to reward defaulters again, not honest payers Presenting the budget a few days ago, standing committee chairman Sandip Jadhav had announced an amnesty scheme for defaulters of property tax and water bills between July 6 and 15 this yearAnjaya Anparthi | TNN | June 28, 2017, 17:00 IST
NAGPUR: The Nagpur Municipal Corporation (NMC) seems to believe in encouraging the defaulters rather than not incentivising the citizens who clear the amenity bills or taxes in time. This is clearly evident from the fact that the NMC has announced second round of amnesty scheme for defaulters while last year’s proposal to offer rebate to regular payers of water bills still remains on paper.
For the first time, the NMC had launched amnesty scheme for defaulters of water bills in June last year. At the same time, the civic body had also announced a plan to reward regular payers of water bills by way of rebate. The NMC had also introduced amnesty scheme for defaulters of property tax last year.
Presenting the budget a few days ago, standing committee chairman Sandip Jadhav had announced an amnesty scheme for defaulters of property tax and water bills between July 6 and 15 this year. However, nothing was done for rewarding the regular payers who have been clearing the dues in time.
Arrears of Rs 400 crore are due in property tax and water works department. Of the total 2.80 lakh water consumers, arrears are due from around 50,000 since long. The NMC received very poor response to the last year’s amnesty scheme. At that time, the NMC had even waived 50% of the due amount along with 100% waiver on interest. In property tax, the number of defaulters was 1.74 lakh of the total 5.30 lakh. During the amnesty scheme, only 36,000 defaulters cleared the arrears.
The property tax and water works departments have once again geared up for the second round of amnesty scheme — between July 6 and 15. Defaulters of water bills will get 100% waiver on interest while 90% interest waiver will be offered to property tax defaulters. Ironically, the NMC has done nothing to implement the rebate proposal.
“Nagpur Environmental Services Limited (NESL) board of directors has approved the proposal in a meeting held in April. The proposal will be submitted to the state government for its approval. Amendment will be done in water bylaws for the launch of rebate,” an official from the water works department said. Had the NMC completed the process, the honest payers would have received a rebate of 1% for timely clearing the dues. Though initially it was proposed to offer 5% rebate.
- Despite anti-profiteering rules, tax on new flats in Nagpur higher under GST Though not covered by GST, stamp duty is a major tax component in buying a homeShishir Arya | TNN | July 03, 2017, 13:30 IST
NAGPUR: The anti-profiteering provisions of Goods and Services Tax (GST) call for builders to pass on the benefit on account of input tax credit (ITC) to buyers. However, the final benefit to a buyer would be nil, if the stamp duty is also taken into account, say calculations cited by builders and other experts.
Though not covered by GST, stamp duty is a major tax component in buying a home. Loaded with cess for NMC, Metro Rail, NIT and registration charges, it comes to 8.5% of the cost of a house in the city.
In pre-GST era, there was also 1% VAT and 4.5% service tax to account for, taking the entire tax component to 14%, including stamp duty. Now, the GST applicable is 18%, but after passing on the input credit, tax-cum-stamp duty would come to 14.5% or even higher, say realtors here.
This is how it works out, according to calculations by CREDAI, considering the scenario in Nagpur. GST is applicable at a rate of 18%. A deduction of 30% on the sale price is available as abatement towards land cost. This brings the effective base rate of GST to 12%. Now, if input credit is deducted, net GST rate chargeable from the buyer comes anywhere between 7% to 10%. If the stamp duty and registration component is added to GST, the tax would be 15.5% to 18.5%, says Gaurav Agarwala, secretary of CREDAI Nagpur.
In Nagpur, construction cost does not go beyond Rs1,500 a square feet. So, for a flat worth Rs3,000 a square feet, net GST after deducting the credit comes to 7% to 8%. It comes to 8% to 9% for floor price of Rs6,000 to 7,000 per square feet, and nearly 10% for flats in the range of 9,000 square feet and above. On this, 8.5% stamp duty would be added, said Agarwala. There is a demand to remove NMC cess, which would give relief of 1%, he said.
The input credit benefit would be less in premium localities since the component of land cost is higher here. The abatement available is fixed at 30% of the sale price. However, in high-end localities, a big chunk of the sale price constitutes the land price with input on materials or services remaining the same everywhere, said Amit Agrawal, a chartered accountant practising on indirect tax front.
The government needs to increase the abatement on land price to at least 50% of the sale price, so that the buyer gets benefits. At present, the builders will also get a transitional input credit for stock purchased before GST. Input credit is a rebate available on indirect tax paid on raw materials and services used during construction. If not passed on, it can lead to action under anti-profiteering laws, said Agrawal.
- Cash-starved Nagpur civic body to levy 1% tree cess on property tax The cash-strapped Nagpur Municipal Corporation (NMC) has proposed to levy one per cent ‘tree cess’ on property tax from current financial year.TNN | July 13, 2017, 15:00 IST
NAGPUR: The cash-strapped Nagpur Municipal Corporation(NMC) has proposed to levy one per cent ‘tree cess’ on property tax from current financial year. After standing committee’s nod, the civic administration has tabled this proposal before the general body meeting to be convened on July 20. If cleared, property tax of citizens will increase by 1 %.
Apart from this, the administration will table another six proposals. One is to entrust the task of preparing environment status report (ESR) of Nagpur city for 2016-17 to National Environmental Engineering Research Institute (NEERI). In the past, NMC got this done by a private company Maharashtra Enviro Power Ltd (MEPL). It faced public wrath after major goof-ups were reported in the ESR in the last couple of years.
Other proposals include increase in allotment of land for waste to energy project at Bhandewadi from six to 10 acres, construction of market for self-help groups for individual producers under the central government’s Dindayal Antyoday Yojana — Rashtriya Upjivika Abhiyan (DAY-NULM) by the social welfare department as well as Social Mobilization and Institution Development. Another proposal is to seek house’s nod to install solar panels in NMC offices where energy consumption is above 1 kw and also at water treatment plants.
- Maha CM uses new FSI scheme for home reconstruction Fadnavis is among 28 to have availed the scheme for construction of new and mixed use buildings. A major change has been made in the scheme recently to encourage citizens to avail of its benefits.Anjaya Anparthi | TNN | July 17, 2017, 10:30 IST
NAGPUR: Chief minister Devendra Fadnavis launched the premium floor space index (FSI) scheme for the city ten months ago and became one of its beneficiaries shortly thereafter availing extra FSI to build a new house in Dharampeth where his old one stood.
Fadnavis is among 28 to have availed the scheme for construction of new and mixed use buildings. A major change has been made in the scheme recently to encourage citizens to avail of its benefits. Under the scheme, a plot owner gets an additional 0.30 FSI. The beneficiary has to pay 60% of ready reckoner value of increased FSI to Nagpur Municipal Corporation (NMC) or Nagpur Improvement Trust (NIT). NMC gets to keep half the revenue while state gets the other half.
NMC on December 5, 2014, had proposed the scheme to boost realty market, help residential and commercial plot owners to expand structures or go for new bigger buildings and also to regularize any unauthorized but compoundable constructions. Civic body hoped to get good revenue from the scheme.
On September 27, 2016, state’s urban development department (UDD) under the CM approved NMC’s proposed scheme. On May 24 this year, UDD empowered municipal commissioner and NIT chairman to give relaxation in side and rear margins under the scheme. Interestingly, they can give such relaxation even retrospectively.
The notification said, “No condonation in the required open space, parking and other requirements as in these regulations shall be allowed in the case of grant of such additional FSI except in the case of relaxation in side and rear margin where the chairman of NIT and municipal commissioner is satisfied that there is a constraint on development.”
An NMC official told TOI that with this, the number of applicants for premium FSI scheme were expected to increase. “Scheme is for non-congested areas so there is much scope for plot owners. Most of 28 cases are residential or residential-cum-commercial constructions. Pure commercial plot owners are not eligible as they already get 2.50 FSI. The town planning department has so far earned Rs 3.58 crore from the scheme,” the official said.
Fadnavis’ case is an example of how the scheme can help people get a bigger house in the same plot. Sources close to CM said, existing home was short of space since opening of his office on the ground floor. “Fadnavis wanted more space for his office as well as residence. He also wanted to create parking within the premises. Now entire ground floor will be for parking while office will be on first floor and home on second floor,” they said.
Fadnavis along with his friend Sandip Joshi, ruling party leader in the NMC, visited the site recently when demolition of entire old structure was completed.
The civic chief has approved Fadnavis’ new building plan. Building permit is yet to be issued from the town planning department. He will have to pay Rs 16.10 lakh to the NMC for approval.
- HC asks Nagpur civic body to submit Armors Township’s sanction plan 11-year old twins Priyansh and Piyush Dhar died after coming in contact with high tension (HT) wires passing overhead in the area in JuneVaibhav Ganjapure | TNN | August 17, 2017, 12:01 IST
NAGPUR: The Nagpur bench of Bombay high court (HC) directed the Nagpur Municipal Corporation (NMC) to submit sanction plan of Armors Township by Friday.
11-year old twins Priyansh and Piyush Dhar died after coming in contact with high tension (HT) wires passing overhead in the area in June.
A division bench comprising justices Bhushan Dharmadhikari and Arun Upadhye on Wednesday constituted a panel as suggested by amicus curiae Shreerang Bhandarkar and asked its registry to complete the necessary formalities. After discussions with all the lawyers of parties concerned, it was decided that a retired principal district judge like Subhash Mohod or other ex-judges like WG Paunikar could be asked to lead the panel.
It was also decided to have one representative from media in form of president or secretary of Nagpur Union of Working Journalists (NUWJ). The Nagpur District Legal services Authority (DLSA) was also asked to submit names of lawyers and volunteers who would work on the court’s panel. The judges emphasized on inclusion of legal experts.
The court was hearing a suo motu PIL based on TOI reports on deaths of 11-year old twins along with five-year old Umesh Pande due to electrocution from HT wires.
The amicus provided about 19 terms of references on which the panel would work and suggested names of some persons to work on it. The panel would suggests ways and means to find out solution regarding 141 potentially dangerous spots in residential areas from where HT lines are passing.
It will identify additional such sites in congested residential and commercial localities. It will further examine on whether town planning officials are ignoring violation of Development Control Regulations (DCR) in the case of constructions under HT lines, and suggest removing of structures coming under them or whether lines should be shifted.
Earlier, senior counsel Surendra Kumar Mishra, appearing for Armors Township builder Anand Khobragade, strongly defended his client stating that he built the township only as per NMC’s sanctioned plans, but the residents extended those balconies on their own which exposes them to the HT wires.
He passed the buck on the civic body stating that HT wires existed there since 1995 and his township received sanction on April 6 and 28 in 2004 (for two phases). He asserted that the building plan was fully complying with DCR.
Mishra flayed the corporation for pointing out that the builder violated norms in 2017 and doing nothing for all these years, despite the fact that the township was completed in 2009. He pointed out that after handing over the possession to residents, how can the builder again extend balconies.
Expressing his desire to pay compensation to the victims, he prayed for defreezing his attached properties due to which he was facing severe financial problems.
Thereafter, the judges asked NMC’s counsel Sudhir Puranik to submit sanctioned plan on the next hearing.
During the last hearing, the court directed NMC and NIT to submit a detailed list of its officials and corporators responsible for sanctioning these 141 localities under HT lines, thus posing grave threats to residents.
- HC flays NMC officials for not submitting all documents of Armors Township The oral directives came while hearing a suo motu PIL based on TOI reports on deaths of 11-year old twins Priyansh and Piyush Dhar and five-year old Umesh Pande due to electrocution from high tension (HT) wiresVaibhav Ganjapure | TNN | August 19, 2017, 11:00 IST
NAGPUR: Passing strictures on the Nagpur Municipal Corporation (NMC) officials for failure to properly instruct its counsel, the Nagpur bench of Bombay High Court on Friday, summoned its Town Planning department’s assistant director to remain present on Monday.
The oral directives came while hearing a suo motu PIL based on TOI reports on deaths of 11-year old twins Priyansh and Piyush Dhar and five-year old Umesh Pande due to electrocution from high tension (HT) wires.
A division bench comprising justices Bhushan Dharmadhikari and Arun Upadhye also asked NMC counsel Sudhir Puranik to convey to municipal commissioner Ashwin Mudgal about ‘non-performance’ of his officials while stressing on presence of some senior civic officials during the hearing.
“Why junior officers are deputed and why not the senior ones like deputy municipal commissioner? All documents must come on record,” the judges said, before fixing the hearing.
The court was unhappy after the civic officials failed to submit all relevant maps and documents related to the Armors Township where 11-year-old twins came into contact with high tension (HT) wires passing overhead. On Wednesday, the court had categorically told the NMC officials to submit sanction plan of the township along with other records.
Earlier, senior counsel Surendra Kumar Mishra reiterated that Armors Township builder Anand Khobragade had constructed the dwellings as per sanctioned map of NMC only and hadn’t expanded the balconies. However, amicus curiae Shreerang Bhandarkar pointed out that normal distance between any structure and HT lines should be four metres, but the builder expanded the balconies and that reduced the distance between them to just 1.9 metres. It exposed the residents to the risk of coming in contact with HT wires and led to deaths of the twins.
Even Puranik accused the builder of grossly violating prescribed norms while building the township under HT lines. The judges also examined some maps and documents submitted by the civic body.
The NMC and MSEDCL had already blamed Armors Township’s builder for construction of row houses in Sugat Nagar in gross violation of norms in their affidavit. Following them, the Jaripatka and MIDC police stations, in their respective affidavits, also pointed fingers on builders for deaths of minor children, who unknowingly came in contact with HT wires.
During last hearing, the court directed NMC and NIT to submit a detailed list of its officials and corporators, responsible for sanctioning these 141 localities under HT lines, thus possessing grave threats to residents.
- Did Nagpur civic body intentionally 'lose' Rs 30 crore land to BJP legislators? A school of NMC school is being run on some portion of the land while remaining part has a walking track, a green gym and children’s playareaAnjaya Anparthi | TNN | August 22, 2017, 17:30 IST
NAGPUR: The Nagpur Municipal Corporation (NMC) has lost one acre land worth over Rs 30 crore to BJP legislators— Mitesh Bangadiya and his son Kirtikumar. Senior congress corporator Praful Gudadhe alleged NMC intentionally lost the case for land’s title in order to favour Bangadiyas.
The land is situated in prime Rajiv Nagar locality of Somalwada on Wardha road. A school of NMC school is being run on some portion of the land while remaining part has a walking track, a green gym and children’s playarea.
“It is a big loss to the NMC and to the residents of Rajiv Nagar. I, along with residents of Rajiv Nagar, fought for seven years to get the land registered in NMC’s name. Still the NMC lost the precious property. I raised the issue in the NMC general body on Saturday. Mayor Nanda Jichkar directed the administration to file an appeal in the case. I will ensure NMC files the appeal with deputy director of land records soon in larger public interest,” Gudadhe said.
NMC is having possession of this land since 1930s. It got it from Bhonsale family as a gift for educational purpose. Accordingly, NMC constructed a school in 1931 which is still functioning. The land was in NMC’s name in city survey records. However, in 2007 the land got transferred in the name of Wani-based businessman Narendra Gundecha through what Gudhadhe claims was a bogus No Objection Certificate from Court of Wards that looks after properties of erstwhile Bhonsla rulers. In 2010, the land was registered in Bangadiyas’ name.
TOI, in 2012 and 2013, had exposed various irregularities in the process of getting the land in the name of Gundecha. Gudadhe and Rajiv Nagar residents took the case to Lokayukta. In 2013, the then Lokayukta Purushottam Bapurao Gaikwad, a retired High Court judge, dismissed the case following an assurance from NMC that it would get the land registered again in its own name. Accordingly, the land was registered again in NMC’s name in April 2013.
Bangadiyas filed an appeal against this with the office of superintendent of land records (SLR) in 2016. SLR passed an order in last month directing NMC to replace NMC’s name with Bangadiyas in record.
As per documents with TOI, NMC in 2013 recorded an improper basis to get the land registered again in its name. NMC referred to a district court order to get the mutation done. The district court had mentioned that the NMC failed to prove its ownership on the land. It had pointed out that the NMC failed to produce gift deed of Bhonsale family.
NMC in its reply to SLR took the same base. SLR in its order stated that the district court did not prove ownership of NMC on the land. “City survey office too did not follow mandatory process before replacing Bangadiyas’ name with NMC’s,” the SLR order said.
Gudadhe said NMC should have challenged Gundecha’s sale deed and mutation itself as it was done using a bogus NOC of Court of Wards. “Even now NMC has not filed an appeal against the SLR order despite 48 days having been gone,” Gudadhe said.
- Inspect Armors’ flat schemes: HC to amicus curiae, counsel The directives came while hearing a suo motu PIL based on TOI reports on deaths of 11-year old twins Priyansh and Piyush Dhar and five-year old Umesh Pande due to electrocution from HT wiresVaibhav Ganjapure | TNN | August 23, 2017, 16:00 IST
NAGPUR: In a setback to Armors Township builder Anand Khobragade, the Nagpur bench of Bombay High Court, on Tuesday, directed verification of his four flat schemes which he was about to sell to the buyers.
A division bench comprising justices Bhushan Dharmadhikari and Arun Upadhye asked amicus curiae Shreerang Bhandarkar and Nagpur Municipal Corporation (NMC) counsel Sudhir Puranik to visit each of Khobragade’s scheme and verify whether those are constructed as per the rules and regulations. The NMC was directed to depute a senior official from its Town Planning Department to assist the lawyers in knowing technical specifications. All of them were told to visit the areas with sanctioned maps.
The directives came while hearing a suo motu PIL based on TOI reports on deaths of 11-year old twins Priyansh and Piyush Dhar and five-year old Umesh Pande due to electrocution from high-tension (HT) wires.
Earlier, the amicus curiae submitted a building map and brochure of Armors Township while informing the judges on how the builder shifted entire structure of row houses and also extended balcony, against the sanctioned map. He pointed out that due to violation, the balconies came nearer to 33 KV HT wires, that led to deaths of the innocent twins.
While strongly opposing builder’s prayers to lift restrictions on him from selling his other flat schemes, Bhandarkar raised doubts on whether those constructed as per the rules. Subsequently, the judges rejected Khobragade’s prayers made through senior counsel Surendra Kumar Mishra and Anjan De and told him to wait next hearing on Monday. Bhandarkar and Puranik were told to submit their report by that date.
While expressing grave concern over children’s deaths, the court had tersely noted that it was a systematic failure due to apathy of the multi agencies involved in implementation of rule and regulations. It added that the colossal loss of human lives, and that too of children is totally unacceptable, grim and heart rending. It stated that it can’t be a mute spectator, since the recurring deaths is an infringement of right to life guaranteed under Article 21 of the Constitution of India.
- No power connections without occupancy certificate: HC The team in its report brought to fore startling revelations on how norms were brazenly violated in all Armors schemesVaibhav Ganjapure | TNN | September 01, 2017, 18:00 IST
NAGPUR: In a setback to the builders, the Nagpur bench of Bombay High Court on Thursday, restrained the MSECL and SNDL from providing power connections to any tenement/apartment/structure, sans occupancy/completion certificate, till further orders.
The stern directives came while hearing a suo motu PIL based on TOI reports on deaths of 11-year old twins Priyansh and Piyush Dhar and five-year old Umesh Pande due to electrocution from high-tension (HT) wires.
The court was furious over the fact that Armors Township builder Anand Khobragade brazenly violated norms in all his schemes, just like in Sugat Nagar that led to twins’ death. The builder was exposed after a team comprising amicus curiae Shreerang Bhandarkar, Nagpur Municipal Corporation (NMC) counsel Sudhir Puranik and senior officials from its Town Planning Department, visited six of his unsold flat schemes.
The team in its report brought to fore startling revelations on how norms were brazenly violated in all Armors schemes. In Sugat Nagar scheme — Armors Township — the builder not only extended balconies illegally, but also deviated from the original sanction map by about 5 feet. It led to duplex houses come in extremely close vicinity of HT lines passing overhead. In other schemes, there is a clear deviation from the sanctioned map.
The court explored the possibility of restraining all financing institutes and registrar of documents from registering any document unless and until there is occupancy/completion certificate. It made it clear that appropriate orders in this respect would be passed after hearing all concerned parties on September 9, with a view to protect interests of public.
“As the deviations are seen in builder’s unsold properties, it’s apparent that submission of structures being altered by purchasers can’t be accepted. At that juncture, it wasn’t possible for authorities to say that somebody else or builder may have extended the construction. Their statements on affidavit that occupants/owners have extended the structure don’t confer any benefit on the builder,” the judges stated before declining Khobragade’s prayers for vacating interim stay on sell and transactions of his other properties.
- 277 property owners in Nagpur to face action for bounced cheques Dhantoli Zone — with most commercial establishments in the city as compared to other zones — topped the list with 28 cases of bounced cheques amounting to Rs 29,11,800.Proshun Chakraborty | TNN | September 02, 2017, 12:00 IST
NAGPUR: The Nagpur Municipal Corporation is set to take action against 277 property owners for issuing cheques in lieu of property taxbut that were dishonoured by the banks. The collective value of such cheques is Rs1.03 crore.
Dhantoli Zone — with most commercial establishments in the city as compared to other zones — topped the list with 28 cases of bounced cheques amounting to Rs29,11,800. It is followed by Mangalwari zone with 32 dishonoured cheques amounting to Rs14.70 lakh, Hanuman Nagar zone (33 cases amounting to Rs12.13 lakh), Laxmi Nagar zone (49 cases amounting to Rs12.07 lakh).
The NMC has decided to initiate legal action against taxpayers whose cheques bounced. Besides lack of sufficient funds in their accounts, many cheques were dishonoured by the banks due to discrepancy in signature, overwriting and corrections etc.
Most bounced cheques were issued by owners of commercial establishments, who did so ostensibly to prevent bill collectors returning with the property tax demand, sources said.
Additional municipal commissioner Ravindra Kumbhare said the NMC has already served notices to the owners whose cheques bounced under the Negotiable Instruments Act. A 15-day time was given to them to clear their dues with penal interest.
The NMC actually received 293 cheques collectively valued at Rs1.53 crore that bounced but after stern warnings, the civic body recovered over Rs52.86 lakh from 16 property owners.
Now, criminal cases will be registered against 277 property owners for issuing cheques which were dishonoured for lack of funds in their bank accounts. “Now, NMC has put the defaulters into its blacklist and henceforth will not entertain cheques from them and will accept their property tax either via demand drafts/cash and other mode of hassle-free payments,” said assistant municipal commissioner Milind Meshram.