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Latest RE News - Bihar

Last updated: March 4 2021
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  • Re : Latest RE News - Bihar

    HC seeks govt reply on illegal mining in Gaya

    Debashish Karmakar | TNN | Feb 6, 2019, 01:00 IST

    PATNA: The Patna high court on Tuesday sought a detailed reply from assistant director of mines and geology department at Gaya within four weeks’ time on illegal stone quarrying in his area.

    Dismissing the government’s submission that illegal stone quarrying activities had stopped following change in rules in 2014, the bench of Chief Justice Amrehswar Pratap Sahi and Justice Anjana Mishra relied on the counter affidavits submitted by the petitioner in which he had attached two FIRs dated September 28, 2017 and January 19, 2018 lodged with Mufassil police station against illegal quarrying in the area. The January 19 FIR was lodged by assistant director of mines and geology department, Gaya, against four firms for violation of law.

    A battery of lawyers led by advocate general Lalit Kishore failed to convince the court that illegal activates had stopped after changes in mining rules. “Wahi kaarnama fir kaise chal raha hai (How the same illegal activity is going on),” the CJ made an oral observation. He, on record, stated that illegal mining had started in the area again.

    Petitioner Jagdish Singh Arya had moved the high court in June 2017 to save human life and environment being destroyed in Lodipur, Bhagalpur, Kaibachak, Murgiachak, Rasuna, Mirzapur and Akkal Bigha areas due to illegal stone quarry. He had demanded a blanket ban on stone mining on more than 1,000 feet high Gere hills in Gaya as it had created a 300 feet deep crater and posed serious threat to human life, agriculture and environment. The petitioner had alleged massive illegal blasting and mining activities hardly 5 metres away from the villages in complete violation of Section 106(2)(b) of Metalliferous Mines Regulation Act, 1961, which prohibited any quarrying activities within 300 metres of habitation.

    Sheikh Arkan Ahmed, who represented the petitioner, said 48 acre was leased by the government to different firms for quarrying, but they were carrying out their illegal activities in over 150 acre area. “Altogether 40 illegal crushers were stopped by the administration after the high court notice,” he said.

    Earlier, the state government had submitted before the court in December 2017 that the petitioner had filed the PIL on the basis of wrong facts and action must be taken against him as no illegal activities were taking place in the area anymore. The court had then sought reply from the petitioner why coercive action should not be taken against him.





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    • Re : Latest RE News - Bihar

      Bihar: RERA notices to 51 builders

      Faryal Rumi | TNN | Updated: Feb 8, 2019, 00:20 IST

      Illustration for representational purpose

      PATNA: Bihar Real Estate Regulatory Authority (RERA) has issued show-cause notices to 51 builders for advertising, promoting and selling their ongoing projects without registering them with the authority.

      The notices were issued under Section 3 of the Real Estate (Regulation & Development) Act 2016 for violating the provisions. RERA has also taken a decision to slap a minimum penalty of Rs 10 lakh along with the project registration fee.

      RERA used its own sources to gather information about these projects and also acted on the complaint received by anonymous callers and then served the show-cause notices to builders. Out of 51 notices, 46 have been sent to unregistered ongoing projects in Patna, three in Muzaffarpur and one each in Saran, Ara and Bodh Gaya.

      Bihar RERA member Rajiva Bhushan Sinha said, “The Authority has given two weeks’ time to the erring builders to come up with a detailed reply to the show-cause notices. In case they fail to reply within stipulated time, punitive action will be initiated against the builders under Section 59 of the RERA Act.”

      He added that the RERA members had conducted a survey between January 28 and February 1 to identify the erring builders, who had advertised their projects on various sections of social media, and other means.

      The builders have been asked to register their residential projects (up to 1000 square metres) with RERA along with a late fee of Rs5 lakh or five times the registration amount, whichever is higher. The late registration fee for mixed and commercial projects is Rs7 lakh or seven times the registration fee, whichever is higher. The deadline for the registration of ongoing projects has been extended till February-end.

      RERA Bihar has received 881 applications for registration of ongoing projects. Out of these, the Authority has already processed and registered 388 projects. The remaining applications are under scrutiny. RERA chairman Afzal Amanullah said as soon as the project gets registered, they will have to start maintaining a separate account for 70% of money received from the said project.

      “To avoid the late fine and to cheat the buyers, the builders are trying to evade registration with the Authority,” he added.








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      • Re : Latest RE News - Bihar

        Min calls for waste management

        TNN | Feb 9, 2019, 01:00 IST

        MUZAFFARPUR: Municipal bodies across the nation are trying to lower their expenditure over managing waste in their areas. In fact, some of them have worked smartly over the issue and set examples for others to follow, state minister for urban development and housing Suresh Kumar Sharma said here on Friday.

        Sharma expressed his views at a workshop organised for the ward councillors of Muzaffarpur Municipal Corporation (MMC) here.

        The programme, organised by the urban development and housing department and chaired by the minister had a discussion over segregation and management of both solid and wet wastes. Speakers, mostly officials of municipal corporations from eight states of the country shared their experiences with each other.

        Addressing the opening ceremony, the minister said, “Management of waste is the need of the hour. All civic bodies from major metro cities are hankering for dumping wastes as landfill facilities are shrinking with each passing day. Hence, waste management has emerged as a major problem for them. Some municipalities like Ambikapur, Panchgani and Muzaffaprur have set an example for others to follow. They are not only managing their wastes in a better way, but are also earning from these wastes after converting it into useful objects. In fact, they are producing bio- friendly products from biodegradable wastes.”

        Expressing happiness over Muzaffarpur civic body’s initiative of producing compost from waste, Sharma said it has proved a boon. “The civic body is now earning revenue from compost. Based on the success of this initiative, many other municipalities have adopted it in their respective areas for garbage management,” the minister said.

        Panchgani Hill Municipal Council mayor Laxmi Karhadkar deliberated on sustainable waste management. She said, “Keeping our cities clean by only collecting and disposing wastes is not sufficient. Zero landfill is the need of the hour as land is not available for dumping garbage. Hence, segregation at source, proper treatment, recycling and reuse of the waste is more important. We have developed good practices in this respect with people’s participation. We have developed a sense of cleanliness after holding series of workshops and symposiums to make them aware of its benefits. And finally, our efforts have been cherished and our city has been declared as one of the most clean city of the country very recently.”

        Representatives of Ambikapur, Gangtok, Kakching and Imphal municipalities also expressed their views over different issues for better waste management.









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        • Re : Latest RE News - Bihar

          Gaya civic body outsources property tax collection job

          According to sources, house builders in connivance with the corporation officials have managed to construct houses without getting the map approved by the civic body and such houseowners do not pay holding tax either. Abdul Qadir | TNN | February 11, 2019, 13:00 IST





          GAYA: The revenue crunch- ridden Gaya Municipal Corporation (GMC) has outsourced the tax collection job and hired a private agency for collection of holding tax from the estimated 1 lakh dwellings and commercial units including about 20,000 unregistered holdings.

          The city’s aerial map does not match with the records available with the corporation. According to sources, house builders in connivance with the corporation officials have managed to construct houses without getting the map approved by the civic body and such houseowners do not pay holding tax either.

          As of now, the corporation gets only about Rs 8.3crore from the holding tax.

          It gets another Rs 7 crore from sources other than holding tax, including share in the registration fee of urban property and rental received from corporation-owned property.

          The establishment cost of the municipal body, as per available records comes to about Rs 36 crore. There are about 2,500 staff including dailywagers on the municipal body on pay rolls.

          Conceding that the corporation revenue fell much short of its requirements, deputy mayor Mohan Srivastav said tax collectors of the corporation are to a great extent responsible for the sorry state of affairs of the corporation finances.

          For that reason, tax collection has been outsourced to a private agency.

          “The same agency has been collecting municipal tax in the state capital. The agency has made a commitment to ensure a 400% increase in tax collection from the present Rs 8 crore to Rs 32 crore in the next three years, failing which, the company will forfeit its claim on the stipulated commission for tax collection,” the deputy mayor said.

          He alleged that the tax collectors were sabotaging the new arrangement.

          The tax collectors, in several cases have not provided all the necessary records, particularly demand register to the private agency. “Even in cases where the demand register has been made available, some vital entries were missing. Action will be taken against these tax collectors,” the deputy mayor said.

          The municipal body, in the meanwhile, has drawn flak for being concerned only with tax collection.

          According to activist SB Bhaskar, tap water was not available to about 40% of the people living in the town. “Even in areas where tap water was available, supply remained irregular with poor pressure and leaking water pipes sucking mud from the drains, said the activist. The municipal body is yet to notify parking and vending zones, a mandatory requirement,” said Bhaskar.











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          • Re : Latest RE News - Bihar

            State government approves 39 posts for Bihar-RERA

            RERA-Bihar was formed by the state government in April 2018 with Afzal Amanullah as its chairman and Rajiva Bhushan Sinha and Subodh Kumar Sinha two members.TNN | February 23, 2019, 13:00 IST





            PATNA: The state government has approved creation of 39 posts for Real Estate Regulatory Authority (RERA)-Bihar, which has been facing shortage of staff for long.

            RERA-Bihar was formed by the state government in April 2018 with Afzal Amanullah as its chairman and Rajiva Bhushan Sinha and Subodh Kumar Sinha two members.

            Sinha told this newspaper on Friday that recruitment of staff would make it easier for the Authority to register real estate projects and scrutinise financial books of builders and real estate agents.

            “We will now be able to keep close tabs on erring builders and take action against them. We are also expecting financial support from the government as the Authority has not received funds for the year 2017-18,” he said.

            The letter, which was issued by the state urban development and housing department to RERA-Bihar on Thursday, states that the Authority will recruit 39 employees, including secretary, assistant secretaries, officer on special duty, senior technical officers, senior architects and financial controllers.

            The Authority had submitted the proposal for sanction of posts in April. Currently, RERA-Bihar has 20 staff, including chairman, members and adjudicating officer.

            He added, “Work at RERA office will pick up pace in two months and we will be able to dispose of cases and complaints of homebuyers more efficiently.”

            The Authority has so far registered 443 ongoing projects in the state. At least 463 applications are under scrutiny.








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            • Re : Latest RE News - Bihar

              Lack of waste management in Bihar can lead to emergency-like situation: NGT

              PTI | Mar 22, 2019, 17:17 IST


              NEW DELHI: Noting that lack of waste management in Bihar can lead to an emergency-like situation, the NGT has directed the Bihar chief secretary to submit a quarterly report on implementation of the Solid Waste Management Rules, 2016.

              A bench headed by NGT chairperson Justice Adarsh Kumar Goel ordered that at least three major cities and three major towns in the state and three panchayats in every district may be notified as model cities, towns or villages.

              They will be made fully compliant within the next six months.

              "The remaining cities, towns and village panchayats of the state may be made fully compliant in respect of environmental norms within one year. A quarterly report be furnished by the chief secretary, every three months. First such report shall be furnished by June 30," the bench said.

              The National Green Tribunal (NGT) directed the chief secretary to personally monitor the progress, at least once in a month, with all the district magistrates and it said that the officers concerned may be imparted requisite training.

              "The district magistrates may monitor the status of compliance of environmental norms, at least once in two weeks. Performance audit of functioning of all regulatory bodies may be got conducted and remedial measures be taken, within six months," it said.

              The green panel noted that as per reports, around 40 per cent districts of Bihar have arsenic in its groundwater and arsenic contaminated aquifers in a 5 km wide study belt along the banks of river Ganga in Patna, Bhojpur, Vaishali and Bhagalpur districts of Bihar, are used for both drinking and irrigation purposes.

              "Due to high levels of arsenic, the cases of cancer in Bihar are increasing day by day. The air quality index (AQI) of the city surged from 402 to 423, putting Patna as the third highest polluted city in the country," the NGT said

              "Muzaffarpur in terms of level of air pollution as the AQI of the north Bihar city was measured at 445.23. It was further reported that pollution level in Bihar is increasing by three per cent per year and blamed population and density as the major factor for the high pollution," it said.

              The tribunal also noted that according to a study, it was found out that more than 4,000 people die every year due to air pollution-related diseases in Bihar.

              "Unabated illegal sand mining in river beds is now being cited as the major cause for the flood havoc, which claimed over 60 lives in east and west Champaran districts of north Bihar. Damage was done to embankments at Sikta, Mainatand and Gaunaha areas where illegal sand mining was rampant," it said.

              According to some experts, greatest contributor to air pollution in Gaya is suspended dust particles released by unregulated construction activities and illegal sand mining.

              "There is lack of waste management in Bihar and it can lead to an emergency-like situation. No project has come up to harness methane gas from quarries. Data showed that the state government can produce 2MW of power from quarries that are filled with 750 tonnes of garbage every day and placed in fallow land," it said.

              The tribunal had earlier slammed authorities for failing to act on reducing solid waste and asked chief secretaries of all states and Union Territories to appear before it with status reports of their actions and immediate future plans.

              It had asked all states to display on their websites of their pollution control boards the progress made in complying with the Solid Waste Management Rules, 2016, Plastic Waste Management Rules, 2016 and the Bio-Medical Waste management Rules, 2016.

              PTI PKS PKS









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              • Re : Latest RE News - Bihar

                Rainwater harvesting to be made mandatory in Darbhanga: Chief secretary

                Chief secretary Deepak Kumar while holding a review meeting on water crisis in Darbhanga on Wednesday, issued instructions for expediting the process of making water available at the doorsteps of people, where there is no borewell and pipeline has not been laid. TNN | May 31, 2019, 15:30 IST

                DARBHANGA: Chief secretary Deepak Kumar while holding a review meeting on water crisis in Darbhanga on Wednesday, issued instructions for expediting the process of making water available at the doorsteps of people, where there is no borewell and pipeline has not been laid. He has also directed the district administration to ensure that tankers must reach such households to supply water.

                During the review meeting it was also found that most of the ponds in Darbhanga have been encroached. Hence, it is necessary to launch an anti-encroachment drive for restoring them.

                Rainwater harvesting is the only alternative to maintain the groundwater level in the district. Installation of rainwater harvesting system in every house in the municipal area should be made mandatory and the municipal corporation should issue notices to every household to this effect mentioning that failing to do this would invite penal action. Besides, all ponds and other water bodies should be renovated for retaining rain water,” the chief secretary said.

                Additional chief secretary Atul Prasad said in the meeting that he visited some panchayats of Jale block and inspected different schemes and suggested people to form a team for monitoring the status of ponds. Principal secretary agriculture Sudhir Kumar said he visited Mallipur panchayat of Hayaghat block where some farmers are cultivating capsicum and betel.

                Principal secretary of urban development and housing department Chaitanya Prasad said he too has inspected the schemes being implemented by Bihar Urban Infrastructure Development Corporation (BUIDCO) in town. He lamented that carry bags made of polythene are still used in the town area despite a ban on it in urban as well as rural areas.

                Jitendra Srivastava, secretary, public health and engineering department, who visited Kharajpur panchayat of Bahadurpur block said in the meeting that instead of drilling new hand pumps, defunct old hand pumps can be used by connecting them with cylinders.

                Darbhanga DM Thyagrajan S M deliberated on the steps being taken by the district administration for overcoming the water crisis through a power point presentation.

                The chief secretary also visited the four wards of Batho-Radhiyam panchayat of Benipur block and interacted with the villagers.







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                • Re : Latest RE News - Bihar

                  Bihar: RERA slaps Rs 25 lakh fine on Phenomenal Projects

                  Real Estate Regulatory Authority (RERA), Bihar on Wednesday imposed a penalty of Rs 25 lakh on Phenomenal Projects, a Patna-based real estate firm, for non-compliance of the provision of Section 3 of the Real Estate (Regulation & Development) Act, 2016.Faryal Rumi | TNN | July 11, 2019, 10:00 IST

                  PATNA: Real Estate Regulatory Authority (RERA), Bihar on Wednesday imposed a penalty of Rs 25 lakh on Phenomenal Projects, a Patna-based real estate firm, for non-compliance of the provision of Section 3 of the Real Estate (Regulation & Development) Act, 2016.

                  The order was issued by the RERA bench of Rajiva Bhushan Sinha and Subodh Kumar Sinha. According to Section 59 of the RERA Act, if any promoter violates the provision of Section-3, he/she shall be liable to a penalty which may extend up to 10% of the estimated cost of the real estate project as determined by the authority.

                  The RERA bench, therefore, ordered a penalty of 5% of the estimated cost of the project, NG Town, and asked the firm concerned to pay the amount within 60 days. It also asked the firm to submit applications for registration of all its projects without any further delay.

                  A show-cause notice was issued against the company by the principal secretary of state urban development and housing department in February 2018 for contravening the provisions of RERA. The promoters had advertised the project without registering it with the Authority.

                  In another case, the RERA bench validated the sale agreement for a flat reached between the complainant and Kamini Home. The firm concerned had earlier cancelled the agreement. The bench asked the complainant to pay Rs 28,12,500 to Kamini Home and take possession of the flat.












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                  • Re : Latest RE News - Bihar

                    Patna civic body axe on 'illegal' use of residential property

                    According to sources, the erstwhile Patna Regional Development Authority (PRDA) had allotted residential land at various places in the city, including Sri Krishna Puri and Rajendra Nagar, in the 1960’s on lease for 99 years. Piyush Tripathi | TNN | July 27, 2019, 14:00 IST

                    PATNA: In a crackdown on illegal commercial use of residential properties, the Patna Municipal Corporation (PMC) has served show-cause notice on owners of 32 plots in the posh Sri Krishna Puri locality for usage of residential land for commercial purpose. The PMC also cancelled the lease of four such plots.

                    According to sources, the erstwhile Patna Regional Development Authority(PRDA) had allotted residential land at various places in the city, including Sri Krishna Puri and Rajendra Nagar, in the 1960’s on lease for 99 years. However, hundreds of shops, eateries, banks, private companies, doctors’ clinics and even government offices came up in these areas over the past two to three decades.

                    The PMC conducted surveys of these areas over the past few months and served notices on the allottees, who were found illegally utilising residential land for commercial purposes.

                    “Acting upon the instructions of municipal commissioner Anupam Kumar Suman, our engineers conducted a survey for assessing the utilization of residential land of erstwhile PRDA in Sri Krishna Nagar and Rajendra Nagar localities. Accordingly, around 150 plots have been identified in Sri Krishna Nagar and around 100 plots in Rajendra Nagar, which are being utilised for commercial purpose in an unauthorized manner,” a senior PMC official told TOI on Thursday.

                    Sahdeo Mahto Marg, the lane connecting Boring Canal Road in front of Gorakhnath Complex to Boring Road in front of Yamuna apartments, has many commercial establishments, including supermarkets, eateries, sweet shops and government offices as well, on both sides of the road.

                    “All such establishments make payments in lakhs against monthly rental for using residential properties. This is against the terms of allotment for the residential plots and violate the agreement with the civic body,” the PMC official said.

                    He added: “We first served notices on the allottees of 32 plots in Sri Krishna Nagar locality in May, asking them to explain reason behind the utilization of residential purpose land for commercial purpose. After finding the explanations unsatisfactory, we cancelled the lease agreement of four such plots. The explanation from most other allottees have also been found unsatisfactory and the necessary process has been initiated accordingly.”

                    “We are in the process of sending notices to remaining other allottees as well in Sri Krishna Nagar and Rajendra nagar localities, who have been found utilizing residential plots for commercial purposes,” the PMC official said.

                    People running commercial activities are, however, not ready to give up. Jagdambika Prasad Singh, who claimed to co-own plot number 32 (A) on Sahdeo Mahto Marg, said they got a stay order on PMC lease-cancellation order from Patna high court on Friday.

                    “We got a stay on PMC’s lease-cancellation order till further order. Nonetheless, the PMC has been collecting commercial taxes from us from past 20-22 years and all of a sudden they have realized that it is a residential property. It is absurd. Besides, the PRDA bylaws, which were later superseded by building byelaws, state that utilization of residential property for running small eateries, shops or doctor’s clinics is not prohibited,” Singh said.

                    PMC officials claimed if any allottee has got stay order from court, then they should communicate the same to the civic body.

                    HC stay on lease cancellation: A bench of Justice Rajeev Ranjan Prasad on Friday ordered for no coercive action against Ramesh Kumar and Arun Kumar who had moved Patna high court by filing separate writ petitions against Patna municipal corporation’s commissioner order of cancelling the lease of residential plots of petitioners. The bench, till further order, had stayed commissioner’s order in which petitioners were directed to hand over the residential houses with plot to executive engineer within one week after lease cancellation. Court observed that it can’t be termed a reasonable excursive of power. Court gave three weeks’ time corporation to file a counter affidavit in the matter.








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                    • Re : Latest RE News - Bihar

                      Patna civic body to hire private firms for property tax collection

                      As of now, around 2.9 lakh households pay property taxes but the actual number is much higher. The firm will be given a target to collect property taxes to the tune of Rs 120 crore in the first fiscal.Faryal Rumi | TNN | August 20, 2019, 15:00 IST

                      PATNA: Patna Municipal Corporation (PMC) will soon hire two private firms for collection of property taxes. Executives of the firm will make survey for inclusion of households, which have not come under the ambit of property tax, within three months.

                      As of now, around 2.9 lakh households pay property taxes but the actual number is much higher. The firm will be given a target to collect property taxes to the tune of Rs 120 crore in the first fiscal.

                      PMC additional municipal commissioner Devendra Prasad Tiwari said only 60% residents pay property tax in the city. “As per the data collected from different sources, there are around 5 lakh households in the city. However, only 2.9 lakh people paid their taxes in 2018-19,” he said.

                      Sources in PMC said the new drive would increase the holding tax coverage by giving people more avenues to pay tax according to their choice. The hired agency may adopt various methods for collecting taxes, such as door-to-door visit, online payment and payment through post offices and banks.

                      The property tax collection of PMC in 2018-19 fiscal stood at around Rs 80 crore. “We have set a target of collecting Rs 120 crore as property tax in the 2019-20 fiscal. In a bid to achieve the target, the civic body will rope in two private agencies to conduct survey of each and every household in all six circles. The agencies will also collect the taxes from residents,” Tiwari said.

                      He added, “The agency will also ensure that digital collection is made from at least 50% taxpayers. If the agency fails to achieve the target in any specific month, it will be asked to cover the shortfall in the following month.”

                      To motivate digital payment through ‘City of Patna’ mobile application or www.pmc.bihar.gov.in, the agency will provide 2% discount to the taxpayers in the form of cash back.

                      The agency will also organise workshops for PMC staff and impart training to them to get tech-savvy. Apart from property taxes, the agency will also collect trade licence fee, advertisement taxes, rental income from municipal properties and licence renewal fee.










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