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Mumbai Real Estate News

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  • Re : Mumbai Real Estate News

    adani electricity: Mumbai: Adani Electricity disconnects power supply to Siddharth Colony as arrears mount over Rs 102 crore

    Clipped from: https://realty.economictimes.indiati...crore/91390967

    Officials said that the power was disconnected from 8am to 5pm, but has been restored for certain hours on "humanitarian grounds" for essential purposes.


    MUMBAI: Less than two weeks after an FIR was registered against three office-bearers of Walkeshwar’s A1 Cooperative Housing Society for allegedly stalling home buyer Mondreeta Sengupta-Das’s membership for almost a year and demanding Rs 20.75 lakh as transfer fees, the society this week issued a share certificate and transferred the membership to her. Sengupta-Das paid Rs 25,000 as transfer fees to the society, which is in accordance to the law.

    “I am thankful to police commissioner Sanjay Pandey and revenue minister Balasaheb Thorat who helped me and directed the officials,” Sengupta-Das said. “But the registrar of cooperative housing societies has not yet passed the final order even now. The registrar’s office has delayed this matter for so long. My case should serve as a lesson for other homebuyers who are being harassed by societies.”

    Accusing her of making “false and defamatory statements”, Bhagwandas Bhattad, chairperson of A1 society, said, “The society had transferred the share to Sengupta-Das on the spot on May 5, 2022, itself without receiving any donation or charge. The FIR was registered on her statement to the police, which was false and defamatory, on April 23. The society can transfer the flat on receipt of deed of transfer and completing legal formalities, but she wanted it to be transferred without proper documents and no charges. She threatens us by using the names of people occupying high positions.”

    Sengupta-Das, a 51-year-old widow and cancer survivor, had bought a 2BHK flat in the society for Rs 4.15 crore in February 2021, and moved in with her two children in July 2021. In her complaint, she claimed that A1 society demanded Rs 20.75 lakh for transferring the society membership and share certificate in her name, which amounts to 5% of the flat’s cost.

    As per the 2013 model society bylaws framed under the Maharashtra Cooperative Societies Act, read with a circular dated August 9, 2001, issued by the state government, the premium fixed by the society for the transfer of a flat cannot exceed Rs 25,000, said officials.

    She filed a complaint with the deputy registrar of cooperative housing societies.

    In April, Sengupta-Das approached the police chief and subsequently the FIR was registered by Malabar Hill police under Indian Penal Code sections 385 (putting a person in fear of injury in order to commit extortion) and 34 (acts done by several persons in furtherance of common intention) against three office-bearers of the society.
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    • Re : Mumbai Real Estate News

      Refund flat buyers Rs 7 crore, builder cannot keep extending dates: MahaREAT



      Clipped from: https://realty.economictimes.indiati...areat/91413914

      The tribunal set aside a January 2020 MahaRERA order, and said the revised date of possession on the MahaRERA website cannot be considered as the agreed date of possession and hence the buyers were entitled to refund with interest under RERA Act.

      MUMBAI: The Maharashtra Real Estate Appellate Tribunal on May 4 held the “completion date cannot keep getting extended on grant of each commencement certificate (CC)” and directed a builder to refund the almost Rs 7 crore paid by a couple who had booked a 16th-floor flat in a Bandra (East) highrise in 2015. They did not get the possession even by the revised date of December 2019.

      The tribunal set aside a January 2020 MahaRERA order, and said the revised date of possession on the MahaRERA website cannot be considered as the agreed date of possession and hence the buyers were entitled to refund with interest under RERA Act.

      The tribunal, comprising Justice Indira Jain, chairperson, and Dr K Shivaji, said the “delivery date mentioned on MahaRERA’s website is revised unllaterally without consent of the complainant. Therefore, it is not binding on the complainant. Accordingly, project completion date mentioned on the website of MahaRERA cannot be taken as the agreed possession date”.

      A couple, Monika Agarwal and Rajesh Agarwal, had filed a complaint before MahaRERA in April 2019 against Forum Homes Pvt Ltd, seeking refund for delay over possession. Their lawyer, Harsh Malhotra, said the allotment letter of March 31, 2015, set December 31, 2017, as the date for possession. Based on the couple’s request, the builder changed their flat to the 16th floor in September 2016 on same terms. By the end of September 2017, they had paid 92% of the Rs 7.4 crore flat cost.

      Aggrieved by a unilateral revision of the due date to December 2019, they invoked the beneficial provisions of the RERA Act and sought refund. MahaRERA, the authority which heard their complaint, rejected it after the builder said it was premature and denied any delay. The authority said the possession or delivery date was not over yet and hence the right to seek refund under Section 18 of RERA had not accrued.

      The couple went in appeal. The builder’s lawyer, Saloni Sulakhe, opposing the appeal, said the project was almost ready and again denied any delay. The builder said MahaRERA rightly held the ‘last’ CC was of May 2019 for “full height of the building” up to 20 floors. The builder said when the project was registered under RERA, the due date was December 2019 but with the pandemic, it was revised to December 2021 and “as per allotment letter, agreed possession date is 36 months from date of last approval or December 2017, whichever is later and hence it would be 36 months from May 2019”. But Malhotra said the allotment letter does not even contain the word “last” before approval, a point that resonated with the tribunal.
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      • Re : Mumbai Real Estate News


        Mumbai: Two weeks after FIR, society transfers membership to home buyer

        Clipped from: https://realty.economictimes.indiati...buyer/91397737

        Sengupta-Das, a 51-year-old widow and cancer survivor, had bought a 2BHK flat in the society for Rs 4.15 crore in February 2021, and moved in with her two children in July 2021.

        MUMBAI: Less than two weeks after an FIR was registered against three office-bearers of Walkeshwar’s A1 Cooperative Housing Society for allegedly stalling home buyer Mondreeta Sengupta-Das’s membership for almost a year and demanding Rs 20.75 lakh as transfer fees, the society this week issued a share certificate and transferred the membership to her. Sengupta-Das paid Rs 25,000 as transfer fees to the society, which is in accordance to the law.

        “I am thankful to police commissioner Sanjay Pandey and revenue minister Balasaheb Thorat who helped me and directed the officials,” Sengupta-Das said. “But the registrar of cooperative housing societies has not yet passed the final order even now. The registrar’s office has delayed this matter for so long. My case should serve as a lesson for other homebuyers who are being harassed by societies.”

        Accusing her of making “false and defamatory statements”, Bhagwandas Bhattad, chairperson of A1 society, said, “The society had transferred the share to Sengupta-Das on the spot on May 5, 2022, itself without receiving any donation or charge. The FIR was registered on her statement to the police, which was false and defamatory, on April 23. The society can transfer the flat on receipt of deed of transfer and completing legal formalities, but she wanted it to be transferred without proper documents and no charges. She threatens us by using the names of people occupying high positions.”

        Sengupta-Das, a 51-year-old widow and cancer survivor, had bought a 2BHK flat in the society for Rs 4.15 crore in February 2021, and moved in with her two children in July 2021. In her complaint, she claimed that A1 society demanded Rs 20.75 lakh for transferring the society membership and share certificate in her name, which amounts to 5% of the flat’s cost.

        As per the 2013 model society bylaws framed under the Maharashtra Cooperative Societies Act, read with a circular dated August 9, 2001, issued by the state government, the premium fixed by the society for the transfer of a flat cannot exceed Rs 25,000, said officials.

        She filed a complaint with the deputy registrar of cooperative housing societies.

        In April, Sengupta-Das approached the police chief and subsequently the FIR was registered by Malabar Hill police under Indian Penal Code sections 385 (putting a person in fear of injury in order to commit extortion) and 34 (acts done by several persons in furtherance of common intention) against three office-bearers of the society.
        Last edited 1 week ago.
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        • Re : Mumbai Real Estate News

          BMC starts dashboard to monitor nullah clean-up


          Richa Pinto / TNN / Updated: May 7, 2022, 08:41 IST


          Representative image

          MUMBAI: BMC has set up a dashboard to track its cleaning of nullahs work following allegations that no work was being done,

          Every year allegations are made by Opposition party members about drain cleaning work in the city not being done, leading to water-logging during the monsoon. Therefore this year on the lines of its Covid dashboard, which was appreciated, BMC has rolled out a dashboard that will monitor each day cleaning of major and minor nullahs in the city.

          Any citizen who may want to check whether or not a nullah is desilted or not in his ward can do so but logging into the civic website and a tab stating ‘Desilting activities for the year 2022-23’ (https://swd.mcgm.gov.in/wms2022) willbe shown the progress of nullah cleaning work in each of the 24 wards.

          TimesView

          The BMC should consider making desilting of drains a year-long activity instead of only restricting it to before the monsoon. Citizens’ participation is also essential so that drains are not clogged with garbage and filth, making the flow of rainwater passing through these drains difficult


          Deputy municipal commissioner (infrastructure) Ulhas V Mahale calling this a foolproof system said that no one will be able to make allegations that work of cleaning of any nullah was not done.

          “The system we have created will also help citizens get information on the number of nullahs in their wards. On day-to-day basis information on all cleaning of drain works will be available. It will also track the unloading of the silt at which place it is taking place and picture taken will show if silt was actually loaded in it,” said Mahale.

          Photos and videos of the work would also be available. Vibhas Achrekar, deputy municipal commissioner (storm water drains department, in-charge of the eastern suburbs) said BMC never claims that the drains are cleaned to its complete capacity but instead work is are carried out only till the flow of water can be maintained. “There are times even after cleaning of the drains that garbage is thrown in them blocking the flow of rain water. While BMC is ready to clean them the system will ensure that there is data available of the cleaning that was already done after which garbage got thrown into it again,” said Achrekar.

          Former BMC corporator and MLA Rais Shaikh called these as ‘cosmetic changes’. “The upcoming monsoon will be the real test or whether or not cleaning was done adequately of these drains or not,” said Shaikh.









          bmc: Bmc Starts Dashboard To Monitor Nullah Clean-up | Mumbai News - Times of India (indiatimes.com)
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          • Re : Mumbai Real Estate News

            Bandra: Blaze At Plush Bandra Tower, Fire-fighting System ‘defunct’


            MUMBAI: A fire broke out on the 14th floor of a prominent residential luxury tower on Bandstand, Bandra (west), on Monday evening. While no civilian was reported injured, a fireman sustained minor injuries due to suffocation while fighting the fire. The blaze was brought under control around 9.30pm. Officials said the fire-fighting system at the tower was defunct.

            The fireman, Kaushal Rajput (31), was rushed to the civic run Bhabha Hospital.

            A senior fire official said repair work was being carried out between the 13th and 14th floors of Jivesh Terrace, a ground-plus 21-storey structure near actor Shah Rukh Khan’s bungalow, Mannat.

            Fire officials said that the blaze, reported around 7.45pm, was a ‘level 2’ fire — one that could be managed by the local fire station. Eight fire engines were pressed into service.

            “The fire-fighting system was not working... All residents were evacuated,” a fire brigade official said, adding that a detailed investigation would be carried out and based on the findings, a notice will be issued to the building.

            “The exact cause of the fire is not known. We switched off the electricity connection as a precautionary measure,” the official said. Officials added that residents moved to the basement parking in the building.

            Chief fire officer Hemant Parab said that everyone from the higher floors was evacuated and fire-fighters entered the flat where the blaze had erupted,

            A local claimed that the blaze seemed to have originated from the air-conditioning units in one of the flats.

            Former Bandra corporator Asif Zakaria said that the fire seems to have been caused due to a short circuit. “It’s one of the prominent buildings in the locality. Fortunately, no one was trapped and the fire brigade arrived on time,” said Zakaria.

            BJP MLA from Bandra (west) Ashish Shelar said on Twitter that the fire brigade, police and other authorities were on site to douse the fire.






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            • Re : Mumbai Real Estate News

              Mumbai: Greater flamingos paint MMR pink with record numbers this year

              Written by Sanjana Bhalerao | Mumbai | Updated: May 12, 2022 11:56:00 am

              This is the highest since 2018, when BNHS annual flamingo monitoring exercise began. (Nandish Songire, Mangrove Foundation)

              THE Mumbai Metropolitan Region (MMR) has recorded the highest number of greater flamingos in 2021-22. This is the highest since 2018, when the Bombay Natural History Society (BNHS) annual flamingo monitoring exercise began.

              Between December 2021 and March 2022, the Thane Creek Flamingo Sanctuary (TCFS) witnessed 54,000 greater flamingos. In pre-pandamic 2019, 25,000 greater flamingos were recorded at TCFS.

              Rahul Khot, deputy director, BNHS, said, “The first time that a large number of greater flamingos was observed, around 8,000 of them in Sewai region, was in 1994 by a Mumbai Port Trust official. There has been no dedicated study since.”

              Flamingos seen during Flamingo festival at Sewri, Mumbai, April 22, 2017. (Express Archive/Kevin D’souza)

              Khot added that at present, he can’t pinpoint a reason behind the rise in the number, but some of the hypothesis are: Loss of their historic feeding grounds, increase in their population, or finding the Thane creek richer and resourceful. In Sewri and Nhava, 17,000 and 227 greater flamingos were recorded respectively. Juvenile (5%) and sub-adult (21%) numbers were lower than those of adults across the three regions.

              This is a sharp increase, especially since the year before that (2020-21) when the greater flamingo abundance was the lowest (324-569) across all three regions and less than 2 per cent of the population recorded in the preceding two years.

              The population of the lesser flamingos has witnessed a marginal increase across all three locations – 65,000 at TCFS, 25,000 at Sewri, and 9000 at Nhava from December 2021 to March 2022.

              “In the last couple of years, we observed a smaller number of greater flamingos. One of the reasons might be our inability to conduct surveys from March to May due to the pandemic restrictions. The highest number of flamingos is generally observed during these three months,” said Rahul Khot, deputy director, BNHS, adding that his team was currently investigating the reasons for this sharp increase.

              A flock of Flamingos at the Thane Creek Flamingo Sanctuary, on April 30, 2017. (Express Archive/Narendra Vaskar)

              Khot added, “Greater flamingos prefer freshwater and estuary environments, which Mumbai offers in plenty, thanks to its creeks and inland wetlands.”

              Of the six species of flamingos in the world, two are found in India: the tallest of them, the greater flamingo (Phoenicopterus roseus) and the smallest one, the lesser flamingo (Phoeniconaias minor) between November and May. Greater flamingos have black-tipped light pinkish beaks, yellowish eyes, and pinkish-white body colour. They have a mixed feeding pattern and feed on insects, small fishes and algae. Their neck is a perfect S-shape while the lesser flamingos are more pink, with dark beaks and red eyes, and only feed on algae. Their neck is inverted (J shaped). The majority of flamingos that come to Mumbai are lesser flamingos.

              Approximately 1,33,000 flamingos were observed this year (during April) across the TCFS, Sewri-Nhava and adjacent zones, said Khot. In comparison, 1,03,000 flamingos were spotted in 2020-21 (during February), 96,400 during 2019-20 (February), and 1,20,000 during 2018-19 (March).

              Flamingos usually visit MMR wetlands from November to May mostly for feeding purposes from breeding sites in the Gujarat region as well as Iran. Migration from breeding grounds starts after the monsoon when water-filled regions start drying up. However, owing to the good availability of water over the past few years through winter, their arrivals have been delayed.

              Flamingos usually visit MMR wetlands from November to May mostly for feeding purposes from breeding sites in the Gujarat region as well as Iran. (Express Archive/ Narendra Vaskar)

              Since 2017, BNHS is conducting flamingo survey in the region as a part of a decadal survey project (up to 2027) – to map and count Mumbai’s migratory birds and to study the impact of the Mumbai Trans-Harbour Link on flamingos and other avifauna in the Thane Creek, Sewri, Nhava, and surrounding areas, as well as identify mitigation measures.

              “In previous years, the TCFS reported over one lakh flamingos, including this exceptional record of the maximum number of greater flamingos this year. We intend to protect these migratory birds and their habitat for posterity. We had also proposed certification of TCFS for Ramsar Site (Wetlands of International Importance) and the same has been cleared by Chief Minister Uddhav Thackeray,” said Virendra Tiwari, Additional Principal Chief Conservator of Forests, Mangrove Cell.












              Mumbai: Greater flamingos paint MMR pink with record numbers this year | Mumbai news (indianexpress.com)
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              • Re : Mumbai Real Estate News


                JM Financial buys two sea-view apartments in South Mumbai for Rs 60 crore


                Clipped from: https://realty.economictimes.indiati...crore/91495748


                While the registration data has been suggesting more traction in housing sales in suburban localities, these luxury deals in south- and south-central Mumbai are also taking the country’s most expensive property market to new highs.

                Integrated financial services group JM Financial has bought two sea-view luxury apartments on Little Gibbs Road of South Mumbai’s plush Malabar Hill locality in separate transactions for Rs 60 crore.

                Both the deals are among the most expensive residential transactions in the country as it values the total 5,000 sq ft area of these apartments at Rs 1.20 lakh per sq ft.

                The firm has bought these apartments on 16th and 17th floor of the most sought-after super-premium tower IL Palazzo, which is known for its prominent billionaire residents like Harsh Goenka, investor Rakesh Jhunjhunwala and late actor Vinod Khanna, among others.

                JM Financial has paid stamp duty of Rs 3 crore for the registration of both the transactions that are part of Nitco promoters' debt settlement process.

                Of the two apartments, JM Financial has bought the 16th floor apartment from the family of Vivek Talwar, Chairman & Managing Director of Nitco Tiles. The apartment on the 17th floor has been sold to the investment bank by Melisma Finance & Trading Private Ltd, which counts Talwar and one of his family members as directors.

                Both the deals were executed on March 31. The transactions for 17th and 16th floor apartments were registered on April 13 and April 19, respectively, showed documents accessed through Zapkey.com, which aggregates property registration data.

                JM Financial has paid stamp duty of Rs 3 crore for the registration of both the transactions that are part of Nitco promoters' debt settlement process.

                The firm has bought these apartments through its investment management company JM Financial Products and another group company JM Financial Properties Holdings.

                Following Nitco’s debt restructuring with JM Financial Asset Reconstruction Company in 2018, the latter had acquired around 24% stake in the tile manufacturing company.

                Vivek Talwar confirmed the transactions, while ET’s email query to JM Financial remained unanswered until the time of going to press.

                Several high-value transactions are being concluded in the luxury segment of the country’s most expensive property market of Mumbai that has been buzzing since the state government announced a limited-window stamp duty reduction mid-2020.

                The significant but limited-period stamp duty reduction window that ended on March 31, 2021, was a catalyst for the city’s residential market. Although stamp duty rebates are not available now, the deals have continued to flow in.

                While the registration data has been suggesting more traction in housing sales in suburban localities, these luxury deals in south- and south-central Mumbai are also taking the country’s most expensive property market to new highs.








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                • Re : Mumbai Real Estate News

                  No conservation fee if construction outside ESZ: Bombay HC


                  Clipped from: https://realty.economictimes.indiati...ay-hc/91517568


                  The moot question involved is whether the 2 per cent of project cost is to be deposited even if the petitioner's property is not within the ESZ, said the HC, and held that the forest officer was acting "beyond the authority" as the department was unable to show any legal provision that permits them to seek such a fee as deposit.

                  MUMBAI: Observing that the forest department cannot not levy a "conservation fee" on commercial activities outside the eco-sensitive zones (ESZs) surrounding national parks and wildlife sanctuaries, the Bombay high court struck down a Rs 4 crore demand made on a Thane developer.

                  The moot question involved is whether the 2 per cent of project cost is to be deposited even if the petitioner's property is not within the ESZ, said the HC, and held that the forest officer was acting "beyond the authority" as the department was unable to show any legal provision that permits them to seek such a fee as deposit.

                  The principal chief conservator of forest and director, Sanjay Gandhi National Park and the national board of wildlife, may not be in a position to exercise their authority beyond the ESZ, said a division bench of Justices SV Gangapurwala and Vinay Joshi in a May 4 judgement. The HC summer vacation started on May 7.

                  Sai Pushp Enterprises and it's director Yogesh Puranik, the developer, building a residential and commercial complex at Kavesar on Ghodbunder Road in Thane, had petitioned the high court challenging a June 2018 order of the standing committee of the national board of wildlife (NBWL), which had approved the project proposal subject to payment of 2% of the Rs 200 crore project cost as "conservation fee".

                  "When the activity of the petitioner is beyond the ESZ, then in that case, they would not have any authority to demand the deposit of the amount," the bench said.

                  The builder had applied to Thane Municipal Corporation (TMC) for a plinth commencement certificate, and last June for part occupancy certificate (OC). The TMC said he needs to first pay the "conservation fee" to the forest department. The builder then moved the HC and said the forest department lacked legal authority to demand such "conservation fee" as the project was outside the ESZs of both - Sanjay Gandhi National Park and Tungareshwar Wildlife Sanctuary.

                  The forest department said it was within a 10km periphery of the national park and referred the file to the standing committee of NBWL.
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                  • Re : Mumbai Real Estate News

                    Owner-tenant dispute on deposit can go to arbritrator: HC


                    Clipped from: https://realty.economictimes.indiati...or-hc/91539126

                    https://www.indianrealestateforum.com/forum/other-forums/legal-vastu-home-loans/indian-property-laws/65536-re-related-laws-new-developments?p=2705397#post2705397
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                    • Re : Mumbai Real Estate News

                      Mumbai likely to get single planning authority this year: Cabinet minister Aaditya Thackeray


                      Aaditya Thackeray speaking at Climate Crisis 2.0. Photo: Twitter/@AUThackeray

                      MUMBAI: Cabinet minister Aaditya Thackeray on Thursday said that Mumbai is likely to get a single planning authority this year and works on the same are underway. However, implementation works of various projects will continue to remain with the multiple agencies like MMRDA, he added.

                      Thackeray was speaking at Climate Crisis 2.0 organised by Mumbai First along with the state government, BMC, The European Union & Consulate General of the Kingdom of Netherlands.

                      "Climate action is not only for 2040, or 2070, but for today. A way ahead is to create a single planning authority. In Mumbai, where we have multiple planning agencies and various utilities, we are actively working towards having a single planning agency, with the mayor heading it. It is important that such a body is headed by an elected representative. We are hoping that this will happen this year, as deliberations are underway."

                      Further explaining why there is a need for getting a single planning agency, Thackeray said that to repair one footpath there are 42 utilities, and coordination is required with each one, while another set of agencies have to be on board for planning and permissions. This needs to be managed more efficiently," said Thackeray.

                      He latter also took to his twitter handle where he said, "Honoured to deliver my inaugural address at the Climate Crisis 2.0 conference in Mumbai, where we discussed--Maharashtra’s goals as India’s leader in ‘Race to Zero’, Collective responsibility as Government, ULBs, and Industry leadership toward climate resilience; need for the creation of a National Council of Climate Action to mitigate climate change on a subnational level and streamlining green financing and green energies in line with long-term sustainable development."
                      Honoured to deliver my inaugural address at the Climate Crisis 2.0 conference in Mumbai, where we discussed:•Maha… https://t.co/V5FtR1iBY0

                      — Aaditya Thackeray (@AUThackeray) 1652343039000






                      Mumbai likely to get single planning authority this year: Cabinet minister Aaditya Thackeray | Mumbai News - Times of India (indiatimes.com)
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