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Mumbai Real Estate News

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  • Re : Mumbai Real Estate News

    Dilip Kumar's Pali Hill bungalow to make way for multi-storeyed building

    As per the SC ruling, Black Rock has paid Prajita Developers Rs 20 crore to vacate the property. Dilip Kumar and his actress wife Saira Banu will own 50 per cent of the building after the redevelopmentNazia Sayed&BAPU DEEDWANIA | Mumbai Mirror | October 12, 2017, 07:45 IST

    Apart from a spacious apartment for the actor, the new building will also have a museum dedicated to him.

    Actor Dilip Kumar’s bungalow at Pali Hill will soon give way to a multi-storeyed building which will not only have his apartment but also a museum dedicated to his illustrious career in Bollywood.

    Following a Supreme Court ruling in Dilip Kumar’s favour last month in a dispute between him and Prajita Developers Pvt. Ltd, the prime property will now be developed by M/s Black Rock which is run by restaurateur Kishor Bajaj of Badasaab and Hakkasan fame and his brotherin-law Ajay Ashar.

    As per the SC ruling, Black Rock has paid Prajita Developers Rs 20 crore to vacate the property. Dilip Kumar and his actress wife Saira Banu will own 50 per cent of the building after the redevelopment.

    Confirming that Black Rock will now redevelop the property, Saira Banu told Mumbai Mirror: “Dilip Sahab is the owner of the property and of course the developers will have their share in the redeveloped property, be it their residences or anything else they wish for.”

    Bajaj said Black Rock’s priority will be to complete the project as soon as possible and “fulfill Dilip Sahab’s dream in his lifetime”.

    Describing the agreement with Dilip Kumar as one based on faith and trust, Ashar said: “This agreement is more an exercise aimed at reducing the pain and agony that Dilip Kumar Sahab and Sairajee have been through over this property.”

    The first agreement to redevelop the property was signed between Dilip Kumar and Shrayans Developers in 2006-07. The development rights were transferred to Prajita Developers in 2010.

    A year later, when no work at the site started despite all permissions being in place, Dilip Kumar expressed his displeasure to Prajita Developers. Fearing that the actor would revoke the agreement, Prajita moved the Bombay High Court.

    In January 2016, the court asked Prajita Developers to hand over possession of the property back to Dilip Kumar. Prajita Developers moved the Supreme Court, which last month ruled that property be handed back to the actor on payment of Rs 20 crore to Prajita Developers.


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    • Re : Mumbai Real Estate News

      Bombay HC lifts stay on OCs to Ghodbunder Road buildings

      The direction by a bench of Chief Justice Manjula Chellur and Justice Nitin Jamdar came on a PIL regarding nonsupply of water to high-rises having OCsRosy Sequeira | TNN | Updated: October 12, 2017, 08:10 IST

      MUMBAI: The Bombay high court on Wednesday lifted its stay on grant of occupation and commencement certificates to new constructions and building projects on Ghodbunder Road in Thane and Baner and Balewadi in Pune.

      The direction by a bench of Chief Justice Manjula Chellur and Justice Nitin Jamdar came on a PIL regarding nonsupply of water to high-rises having OCsand shortage of water for existing buildings as it is diverted for construction purposes, forcing residents to purchase water from tankers. On May 5, the court had directed the Thane Municipal Corporation (TMC) not to issue OCs and CCs to projects on Ghodbunder Road. A similar order was passed for the Pune Municipal Corporation areas of Baner and Balewadi.

      But the HC on Wednesday noted that thereafter, except for the petitioners, no individual flat-owner or housing society had come up with complaints. “If there is any violation, we can take action. I’m waiting for the last six months. Water is something you cannot stay without,” the CJ said. TMC’s advocate said it was not diverting water for construction, while the PMC’s counsel said it had written letters to housing societies asking their representatives to attend meetings but nobody had turned up.

      Lifting its stay on grant of OCs and CCs to new projects on Ghodbunder Road and in a couple of areas in Pune, the Bombay high court said, “We are surprised to hear that none of such meeting (sic) were attended by (housing) societies or occupants. If there was really a water problem, as severe as expressed by the petitioners, the people affected would have approached this court.”

      The judges added, “We cannot shut our eyes or opine that there is no water problem. It may not be to the extent expressed by the petitioners, but there is bound to be water problem with so many flats coming up.” Taking note that not everyone could approach the court through PILs and get their grievances addressed, the bench said it would be “just and proper” if in each of these districts there was a committee so that aggrieved people could “approach it and place their grievance (s) and get them redressed”.

      It said the panel should be headed by the municipal commissioner and consist of the divisional commissioner, chief city engineer (in charge of water supply) and member secretary of the Maharashtra Legal Services Authority. It shall meet once in 2 months and take up grievances of those “having deficit and non-supply of domestic water” and report to the court from time to time. “Let us see how this committee works,” said the CJ, adding that the PIL will be kept pending. TMC and PMC have been directed “to create public awareness for the purpose of redressal of water supply problem.” The judges said “in light of the above and measures taken the restrictions imposed on local authorities preventing issue of occupation certificate will have to be reconsidered by us.”


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      • Re : Mumbai Real Estate News

        Owner can't reclaim land even if government fails to acquire it in 5 years: Bombay HC

        Land owners had moved the HC, pleading that a provision to acquire land should lapse if the government fails to do so in five yearsTNN | October 14, 2017, 07:37 IST

        MUMBAI: Even if the state fails to take possession of private landreserved for public purposes within five years, the owner won’t be able to claim back the property, said the HC.

        Land owners had moved the HC, pleading that a provision to acquire land should lapse if the government fails to do so in five years. The Land Acquisition Act 2013 allows the acquisition process to lapse if government fails to take possession or pay compensation within five years. Under the MRTP Act, the state has 10 years to acquire the land once it is reserved in the final plan, for a specific public purpose, for instance, a garden, school or a bus depot, failing which the acquisition will lapse. The Act also says that the process has to be completed within ten years, failing which it will lapse.

        Under the Land Acquisition Act, the time limit is five years for government to complete the land acquisition. Land owners said this provision should be extended even for MRTP Act acquisitions. Both laws govern land acquisition for public purposes.

        Holding that the Maharashtra Region and Town Planning Act (MRTP) is a “complete code in itself’’, provisions of a 2013 Land Acquisition Act cannot be made applicable to it, the HC said. But the question that fell before a three-judge full bench of Chief Justice Manjula Chellur and Justices Nitin Jamdar and Girish Kulkarni was whether the 2013 Act provision on lapsing should be extended to MRTP Act. The order implies that the state need not restart land acquisition process in case of a delay, which will be a costly affair as market rate would have to be paid to the land owners.

        The HC had appointed two senior counsel Aspi Chinoy and Janak Dwarkadas to assist with the legal points. They cited an SC judgment to say that the lapsing provision can’t apply under MRTP since the law is for public planning of land use and if such reserved land is allowed to lapse earlier than permitted, the planning would be defeated. The 2011 SC ruling after a detailed analysis of both laws concluded that MRTP Act and its provisions was a self-contained code.

        “While carrying out planned development, a balance has to be achieved between individual rights and larger good of the society,” said the HC.

        Advocate general Ashutosh Kumbhakoni said the 2013 Act also requires a social impact assessment before acquisition.


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        • Re : Mumbai Real Estate News

          Once Mumbai region's premier river, Ulhas now a garbage bin

          Vaishnavi Chandrashekhar| TNN | Oct 15, 2017, 05:40 IST

          For centuries, the Ulhas was the Mumbai region's premier river, a monsoon-fed glory that sprang from the Sahyadris and meandered down almost 100 km before flattening out near Kalyan.From here, it wound along some more, now touched by the tides of the Arabian Sea, then split into two creeks--a pair of aquatic arms that separate the island of Salsette, today's Greater Mumbai, from the mainland. For long, this estuary was a busy waterway serving a succession of ports--from ancient Kalyan to Portuguese Bassein--that naturalist Sir George Birdwood, in 1909, called, "a great emporium of Oriental commerce".

          Today, far from being a waterway or even a pleasure ground, the Ulhas is the backyard garbage bin for five towns and hundreds of small industries--a black mirror reflecting a half-century of industrialization and urban sprawl.It is a forgotten river for most, glimpsed only when crossing into Vasai or during Ganpati immersions. The big boats that ply its waters don't carry commuters or goods but thousands of tonnes of sand, scooped from a deepening riverbed to sate the region's appetite for construction. For the past few years, the NGO Va nashakti has so ught to stem the pollution of the Ulhas river, a battle that is now in the Supreme Court. The Mumbai Metropolitan Region's once majestic river has been reduced to a garbage bin today .

          The degradation begins below the weir near Ambarnath, as Sudesh Rathod, a zoology professor at Thane's B N Bandodkar College who has studied the river extensively, showed us. Upstream, the water looks good enough for people to bathe in. Below, the river begins to discolour. A little before Kalyan, the Ulhas is joined by the Waldhuni, an almoststationary sludge of sewage and effluents, so dense that the National Green Tribunal said it may be irreversibly damaged. "The Waldhuni cannot speak about its own suffering," wrote the tribunal in 2015, while the regulatory agencies are "silent spectators".

          The Waldhuni's impact is slightly diluted by the Kalu, which merges into the Ulhas, almost doubling the river's width. But this critically polluted stretch continues as waste pours in from the industries and cities of Kalyan, Ulhasnagar, Bhiwandi and Dombivli. At the bridge from Bhiwandi to Kalyan, in the shadow of a hill of garbage, pedestrians walk with face masks.

          Under the river's opaque surface, much is happening.Trace metals creep in from the natural weathering of the basaltic rocks. Phosphates and nitrates from sewage, effluents, and even fertilizer run-off, feed the growth of weeds and algae.These block light and choke the water-body , a process known as eutrophication. Meanwhile, the organic matter consumes oxygen as it breaks down, leaving less for others. Parts of this stretch are hypoxic--so low in oxygen, explains Rathod, that they are virtually dead zones.

          High levels of pathogens like Ecoli are also worrying, says Mahesh Zingde, former head of the National Institute of Oceanography's Mumbai centre. These pathogens flow into coastal waters, endangering the health of swimmers and fisherpeople.

          Past Mumbra, a sliver of water turns south into Thane Creek, while the main estuary heads to Vasai Creek. On the way, plastic bags droop like dark tinsel from mangrove branches. They multiply in the monsoon, say fishermen, as rains wash urban litter away .

          Yet, Vasai Creek isn't in such bad shape. No industries line its banks and its broad mouth, opening into the Arabian Sea, flushes the water. But there are other threats. Mangroves are thinning as residential buildings proliferate in Bhayender. Sand dredging by mechanical boats is changing creek depths and causing siltation, which can affect fish life.

          There's siltation in Thane Creek too as debris from Navi Mumbai quarries streams in with rains. And urban concretisation has increased stormwater run-off.

          Lined by the Thane-Belapur industrial estate, one of the earliest and largest in the country , Thane Creek has been a garbage bin for longer.Its layers of sediment tell the story of development through its side effects. Mercury levels increased after the first chloroalkali plants opened in the 1950s, says Zingde, while petroleum hydrocarbons appeared after the refineries opened in Trombay in the same period.Residues of DDT, now regulated, persist from the 1980s.More recently , scientists have detected hormone-disrupting chemicals from plastics.

          This history offers some lessons: mercury levels fell as plants began closing in the '80s, says Zingde, and international laws were introduced.

          Both creeks offer some hope. Vasai is still lush; with little effort, the water could be good. Thane's overgrown banks host much birdlife, a testament to the opportunism of the natural world. "Nature can rejuvenate if you give her the chance," says Rathod, "but you must give her that chance."

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          • Re : Mumbai Real Estate News

            Kangana’s Pali Hill bungalow plans hit roadblock

            Pali Hill residents object to commercial activity; actress insists she will not open a production house, but will only meet professional colleagues.Nazia Sayed | Mumbai Mirror | October 15, 2017, 10:32 IST

            MUMBAI: National Award-winning actress Kangana Ranaut, who is at the centre of a heated controversy over her alleged affairs with the likes of Hrithik Roshan and Aditya Pancholi, now seems to be locked in a property tussle with a residents’ association of Pali Hill.

            Kangana’s apparent plan to start a production house at a bungalow that she recently purchased on Pali Hill has hit a roadblock after the residents raised objections to any commercial activity in the area. Kangana’s lawyer, however, has shot a letter to the Pali Hill Residents’ Association, saying that they cannot call the place “a production house” as she will be using the bungalow to only meet her “professional colleagues”.

            With a built-up area of 3,075 sq ft, the bungalow is reportedly worth Rs 20.7 crore. The three-storeyed structure on Nargis Dutt Road was earlier a nursery school called Kangaroo Kids and is a part of the Chetak Co-operative Housing Society.

            In a letter to Chetak Co-operative Housing Society, Kangana said that the said property would be used by her as her “second home”, where she would be primarily engaging herself in script reading, script finalising and other corelated work. “I do not intend to call my film industry colleagues like directors, producers, writers, etc. to my other house where I permanently reside... also please do specifically note that no such activity shall be indulged in by me which shall cause nuisance to my neighbours and the said property shall be occupied by me, my family members and my staff who will take care of my schedule, my work commitments,” the letter says.

            According to Pali Hill Residents’ Association, the contents of the letter were enough proof that the actress meant to use the property for commercial purpose. A few days ago, the residents had a meeting with Kangana’s manager.

            “For the past 25 years, we have not allowed any new commercial activity in the hill. Rules are the same for everyone. We have asked the Chetak society not to allow any commercial activity. Kangana, in her letter itself, has admitted that she will be meeting directors and producers as she does not want to call them to her permanent residence. This means that she will be using this property for her commercial commitments. We cannot allow this to happen,” said DR Amitav Shukla, chairman of the Pali Hill Residents’ Association.

            Though Kangana was not available for comments, her lawyer Rizwan Siddiquee said, “ I have been personally coordinating with the management of Pali Hill Residents’ Association and am quite surprised by their adverse reaction to a draft letter which was circulated for approval, only after discussions with the management. In any event, we shall be following the laws at every stage and shall exercise our legal rights without creating any nuisance to others. I have personally spoken to the secretary of the said Association and everything seems to be absolutely positive.”

            Earlier, the Pali Hill residents had similarly prevented celebs like Sanjay Dutt, Lara Dutta and Ranbir Kapoor from carrying out commercial activity in the area.

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            • Re : Mumbai Real Estate News

              Most mill workers illegally selling off subsidized flats in Central Mumbai

              Maharashtra Housing and Area Development Authority (Mhada) sources claim over 80% of the 9,500 tenements sold to former mill workers at a highly concessional rate of Rs 11 lakh each have been re-sold for between Rs 40 and Rs 60 lakh.Nauzer Bharucha | TNN | October 15, 2017, 09:45 IST

              MUMBAI: A subsidized housing scheme for mill workers in central Mumbai has turned into a real estate bonanza for them with most allottees illegally selling their tenements in collusion with brokers, agents and middlemen.

              Maharashtra Housing and Area Development Authority (Mhada) sources claim over 80% of the 9,500 tenements sold to former mill workers at a highly concessional rate of Rs 11 lakh each have been re-sold for between Rs 40 and Rs 60 lakh.

              Law stipulates that these tenements cannot be sold for 10 years, but the government allows renting them out. Recently , a special monitoring committee headed by a retired judge, too, averred to irregularities in the allotment of as ma ny as 1,228 tenements. Sources said brokers, agents and middlemen were negotiating deals.

              These 225-square-foot flats in prime areas such as Prabhadevi and Worli have changed hands for up to Rs 60 lakh each, said Rashtriya Mill Mazdoor Sangh leader Sachin Ahir. He, though, pegged the total transactions at around 20% of the allotments Mhada made through a lottery system since 2012.

              Several of these tenements are also believed to have been amalgamated into larger flats and sold for more than Rs 1 crore, said housing authority sources. Subhash Lakhe, chief offiS cer, Mumbai Board of Mhada, said so far, there has been no case of irregular allotment of mill workers' tenements. “However, if Mhada finds out such cases, we will file FIRs,“ he said.

              Veteran union leader Datta Ishwalkar also confirmed that several tenements have been sold. “Many of them have rented out their homes because the government has now officially allowed them to do so. They have taken heavy deposits and signed agreements transferring ownership to the buyer after 10 years,“ he added.

              Ahir said brokers and middlemen were also active and buying out ownership rights of mill workers by striking deals with them. “We want Mhada to investigate who are the real heirs of of the mill workers,“ he said.

              Housing activist Chandrashekhar Prabhu said responsibility needs to be fixed for these irregularities.

              Last July , former Bombay high court judge A S Aguiar, who heads the monitoring committee on allotment of mill workers' tenements, said the Mhada advocate admitted to irregularities in 1,228 tenement allotments.

              However, “he assured us there are no cases where possession of more than one flat has been given to a single applicant“, said the order.

              “Admittedly , there have been irregularities in allotments during previous lottery draws conducted by Mhada, primarily due to reasons stated by mill workers' unions and associations.Mhada filed its response to the 1,228 instances of irregularities, admitting to instances of double allotment, occupants of chawls on mill land and other ineligible applicants having succeeded in obtaining allotment...,“ it said.

              The committee has now set guidelines to ensure transparency in future allotments.“Before holding the lottery, Mhada will prepare a comprehensive list of ex-mill workers of 58 mills with their provident fund number and other details,“ it said.

              According to the division of defunct mill lands, a small portion was reserved for providing housing to mill workers. From 37 defunct mills, Mhada has been able to construct 24,800 tenements, of which two-thirds were reserved for mill workers and the rest for transit accommodation. Since 2012, more than 9,500 tenements have been allotted to mill workers and their families. http://realty.economictimes.indiatim...umbai/61087320

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              • Re : Mumbai Real Estate News

                Mumbaikars hug Aarey trees over Metro car shed

                TNN | Updated: Oct 15, 2017, 03:47 IST

                MUMBAI: Marking the launch of a "Chipko Movement" in the city, several Mumbaikars hugged trees at Aarey Colony on Saturday to protest construction of the Metro-III car shed here.

                Mumbai Metro Rail Corporation, which is executing the project, had initially said around 250 trees would be cut. The number of trees to be cut now now stands at 3,184. Activists, though, said the authority is filling up the 30-hectare plot to level it and that raising of the height will endanger more trees.

                On Saturday morning, citizens were greeted by a huge posse of policemen outside the 30-hectare barricaded metro plot. Those who had turned up for the protests were directed to the garden at Aarey picnic point. Padmaja Krishnan had come with her children Annapurna and Amartya to hug the trees. The two climbed a tree to express their solidarity with the trees.

                "The government is trying to create the impression that we are opposed to the Metro project. That is not the case. We want the car shed to be shifted to an alternate site like Kanjurmarg where it will not cause harm. Here, a pristine forest will be destroyed," said Zoru Bathena, an activist who has been assisting the Bombay high court-appointed committee to save trees along the metro route that do not need to be cut. D Stalin, director of NGO Vanashakti, said National Green Tribunal that is hearing their plea to declare Aarey a forest had ordered a status quo in August 2015.

                "The government must wait for the final verdict. Instead, they are filling up the 30-hectare plot with debris. The plot is on the Mithi river's bank. Mumbai is witnessing frequent incidents of flooding. Aarey has flooded this year. What happens once the flood plain is filled up?" he asked.


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                • Re : Mumbai Real Estate News

                  Mumbai's Grand Paradi society waits 40 years for conveyance

                  Developer Mont Blanc Properties, which built three towers and 14 row houses in the early 1970s, accused Grand Paradi society for trying to extract more land then it is entitled toNauzer Bharucha | TNN | October 17, 2017, 07:40 IST

                  MUMBAI: Residents of Grand Paradi, a landmark highrise complex at Kemps Corner in south Mumbai, are locked in a tussle with their builder who handed over the flats four decades ago, but did not convey the land to the society.

                  Developer Mont Blanc Properties, which built three towers and 14 row houses in the early 1970s, accused Grand Paradi society for trying to extract more land then it is entitled to.

                  Society members said they have rights over 21,277 square metres of the layout. But the builder wants to convey only 9,700 sq m—the area covering the three towers and row houses, and not the land adjoining it.

                  “If we settle with the builder and take conveyance of only 9,700 sq m, the society will not be able to rebuild the entire area as it stands today. In case of building collapse due to fire or natural calamity or demolition, we will have to restrict ourselves to about a third of today’s area,” said residents.

                  The society fears it will have no “indefeasible rights” to construct an equivalent area unless land in its control supports the floor space index (FSI) for such construction. “In case of natural calamity and with no conveyance in place, the society will be entitled to construct exactly the same FSI, which was utilized earlier,” it said.

                  Residents said development rights of unutilized 30,000 sq ft of extra FSI should come to the society, and not the builder. A spokesperson for the developer said, “It is unfortunate that some individuals with personal interests have misled some of the society members into believing that there is a risk to the FSI consumed. This false dissemination of information by these vested interests is preventing the society from obtaining their conveyance. It is settled law that such a situation can never arise in an ongoing un-subdivided layout development. Our stance is vindicated by three orders from high court and Supreme Court, respectively.”

                  The developer said it is willing to convey only that portion to the society which it is entitled to as stipulated in the agreement. “Is this a society with a grievance or a society that is trying to extort what does not belong to it?” said the spokesperson.

                  The society has been in a legal battle since 2002 when it first filed a suit against the builder. In 2010, though, the developer filed a special leave petition in the Supreme Court, against a high court temporary injunction against construction. The apex court said the builder could exploit the unutilized FSI on the land at its own risk and subject to the final outcome of the suit.

                  The developer told TOI that despite this Supreme Court green signal, it will not start construction till the matter is resolved in court.

                  The new managing committee of the society is now pushing for an early hearing of its case. It has sought land conveyance from the builder in its favour and restrain the developer from claiming any right, title or interest on the property till the case is settled.


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                  • Re : Mumbai Real Estate News

                    CR to build culverts at 29 spots to reduce flooding; BMC offers Rs 55 crore

                    tnn | Updated: Oct 18, 2017, 00:54 IST

                    MUMBAI: Flooding of tracks on Central Railway (CR) may reduce substantially by the next monsoon as culverts will be constructed at critical points in coordination with BMC to ensure proper disposal of sewage. Twenty-nine spots have been identified but work will be carried out at 15 spots in phase one. Eight sites have been initially finalised, for which designs have been submitted, and BMC has agreed to provide Rs 55 crore.

                    CR divisional railway manager (Mumbai) S K Jain said they will begin work soon. CR also told BMC to provide bins at various locations so that garbage is not dumped on tracks. CR has blamed poor drainage and garbage for lack of maintenance, which are the cause of failures and poor punctuality. The authorities will also profile hawkers in the 150-metre radius of stations; the database will help identify repeat offenders. tnn

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