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Latest News on Gurgaon Manesar NCR

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Latest News on Gurgaon Manesar NCR

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  • Re : Latest News on Gurgaon Manesar NCR

    Tree-felling nod to realty firm in Aravalis legally incorrect, finds central inquiry

    Jayashree Nandi| TNN | Sep 6, 2017, 01:48 IST

    New Delhi: The Union environment ministry's regional office in Haryana has concluded that the process through which the state's forest department granted permission to a real estate company to fell thousands of mesquite trees in the Faridabad Aravalis is "legally incorrect".

    The office has submitted its report on the inquiry conducted by SD Sharma, conservator of forests (central), to the National Green Tribunal, which mentions the irregularities in issuing the permission.

    The report highlights that the additional chief secretary (ACS) forests, of Haryana went against the government's decisions on the "deemed forest" status of the land at Sarai Khwaja to direct the forest department to permit felling of trees. In a letter dated April 24, 2017, the ACS directed the principal chief conservator of forests (PCCF), Haryana, that "since the area does not constitute forest component of natural conservation zone (NCZ) as defined in the Regional Plan 2021 of NCRPB (NCR Planning Board), as per decision taken by NCRPB on December 20, 2016 you are directed to accord necessary approval for felling of mesquite trees to the applicant ..."

    However, no such decision is recorded in the minutes of the meeting held on December 20, 2016 of the NCRPB, according to the inquiry. On the contrary, the minutes record that "it was concluded that these specified areas are to be included while identifying /delineating Aravalis." The specified areas include gair mumkin pahar (uncultivable hill), gair mumkin rada (foothills, pastures), gair mumkin behad (ravined foothills), banjad beed (cultivable grassy foothills) and rundh (rocky areas between two hills) of NCR. "Letter granting felling permission is legally incorrect...the land in question is recorded as gair mumkin pahar and thus clearly a part of the Aravalis and thus automatically part of NCZ," the inquiry report states. NCZs are environmentally sensitive areas in NCR where construction or other ecologically destructive activities are not allowed.

    The report also states there is a violation of the environmental clearance process by the private company that applied for the permission — "the project proponent is not supposed to cut any existing tree and project landscaping plan should be modified to include those trees...the project proponent while applying for felling of 1,000 mesquite bushes has deliberately misled the government by ignoring this condition," the report says.

    If a doubt arises about the status of a particular land, it has to be inspected by the state forest department and the regional office of the environment ministry (MoEFCC). But the PCCF constituted a committee, following a letter from the ACS directing it to sort out difference of opinion on the vegetation cover of the land, without any representation from MoEFCC.

    Sharma has concluded, after a spot visit to Sarai Khwaja, that the land had moderate to dense vegetation. "As per felling permission dated June 23, 2017 about 38,941 number of trees existed on the spot, indicating that 1,846 number of trees existed per ha. The density was very high. As per vegetation status the stand of the Haryana forest department to treat the land as deemed forest seems to be justified," the report concludes.

    A spokesperson for the real estate company said they did not want to comment.

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    • Re : Latest News on Gurgaon Manesar NCR

      SC refuses to grant interim bail to Unitech promoter

      The bench also appointed advocate Pawan C Aggrawal as amicus and asked him to submit these details, including of those wanting refunds and those seeking flatsPTI | September 08, 2017, 17:15 IST

      NEW DELHI: The Supreme Courttoday refused to grant interim bail to Sanjay Chandra, a promoter of real estate firm Unitech Ltd, till next Friday in a case of alleged forgery lodged by home buyers of its Gurugram-based housing project.

      A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said it will look into the aspect of granting interim bail to the Unitech promoter after getting details of the number of projects, flats and home buyers and posted the matter on September 15.

      The bench also appointed advocate Pawan C Aggrawal as amicus and asked him to submit these details, including of those wanting refunds and those seeking flats.

      The apex court clarified that the home buyers who were seeking refunds will be given money on pro-rata basis and those wanting flats will be given the same.

      The counsel appearing for Sanjay Chandra said he had complied with all the conditions and deposited Rs 20 crore till now.

      He sought interim bail urging the court that he could refund the money only if he was allowed to work from his office and raise the funds.

      The bench said it would consider all these issues on the next date of hearing.

      Sanjay Chandra and his brother Ajay Chandra had moved the apex court against the August 11 order of the Delhi High Court refusing to grant interim bail to them and asked them to file a status report.

      Five buyers of the Unitech's Anthea Floors Wildflower Country project led by some Delhi residents had filed a complaint for registration of FIR against the company in 2015.

      Later, 90 more complaints were received against the firm for the same project which were clubbed with the FIR.


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      • Re : Latest News on Gurgaon Manesar NCR

        HC scraps land acquisition for roads, utilities in new sectors

        Bagish Jha| TNN | Sep 8, 2017, 07:16 IST (Representative image)

        GURUGRAM: Land acquired to build roads and other public utilities in Gurgaon's new sectors after August 2013 has been cancelled by the high court, a huge setback for the Haryana Urban Development Authority (Huda) that has been asked to conduct the process again.

        The judgment, although an interim one, affects over 1 lakh homebuyers who have invested in apartments along the Southern Peripheral Road and Dwarka expressway, along which most of these new sectors (68-115) have been built.

        A two-judge bench of the Punjab and Haryana high court ordered fresh land acquisition, ruling that the state acted in haste to circumvent provisions of the new land acquisition law, which came into effect in 2014. It ordered Huda to take back the compensation it paid and acquire the land again under the new law.

        Apart from the apartments in the new sectors, the ruling also puts a question mark on construction of the Central Peripheral Road (CPR), which has now become a part of the Dwarka expressway. Residents of the new sectors are already facing problems because of poor road and civic infrastructure.

        But Huda officials said they believed they would overcome this challenge as the Authority had paid compensation much higher than the prevailing market rates, and they would put that before the court in subsequent hearings.

        Delivering the judgment dated September 5, justices Rajesh Bindal and Gurvinder Singh Gill, while hearing petitions challenging acquisition of land under the Land Acquisition Act 1894, observed that state acted hastily to issue a notification by the end of 2013 to acquire this land. The new law — Land Acquisition, Rehabilitation and Resettlement Act — considered more beneficial for land owners came into effect in 2014.

        Huda had acquired around 800 acres, including around 100 acres for CPR, after paying compensation of Rs 6,000 crore. It has already distributed around Rs 4,000 crore to land owners and has prepared a scheduled to hold camps in every village for distribution of the remaining Rs 2,000 crore, with both the Dwarka expressway and SPR nearing completion.

        "We will approach the court to highlight the fact that land was acquired for road and infrastructure work," said Huda administrator Yashpal Yadav, adding he was hopeful of some relief.

        The recovery of Rs 4,000 crore is a huge worry. "It will have a big financial implication and can further delay the construction of road and other infrastructure in new sectors," said a senior Huda official, adding they hoped the state government would come up with a solution. Praveen Jain, president of National Real Estate Development Council (Naredco), said, "The market price of the land at present is around Rs 3 crore per acre and Huda has paid Rs 6-8 crore per acre for acquisition of land. So land owners are not going to benefit if they take back the land." Most land owners, he added, had taken compensation and were unlikely to be willing to return it. "Most of the land is likely to remain with Huda and development work will not be affected," said Jain.

        An official familiar with the development, said if Huda fails to get relief from the court, the government may opt for a memorandum of understanding (MoU) with land owners. "Huda can simply ink MoUs with these land owners under which they keep the compensation and the land remains in possession of Huda," said the official. He, however, conceded it would be a complex and time-consuming process if it came to it.

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        • Re : Latest News on Gurgaon Manesar NCR

          Funds reserve clause hits registrations under Rera

          Shubhra Pant| TNN | Sep 9, 2017, 02:31 IST

          GURUGRAM: It is just over a month since the Haryana Real Estate (Regulation and Development) Act (H-Rera) was notified in the state. And already, the registration of ongoing projects under the Act has hit a roadblock for many developers. The problem, claim developers, is with the clause that requires them to submit 70% of their sale proceeds to an escrow account, in order to ensure that money taken from the buyers is not diverted for other projects or purposes.

          Developers said in ongoing projects, where only 5-10% of the work is pending, they have already invested most of the amount deposited by buyers in construction, making it impossible for them to submit the amount required. "In projects where we have completed 80-90% of the work, we cannot submit 70% of the sale proceeds in the escrow account. If we were to do so, we won't be able to complete these projects," said a city-based developer with several ongoing projects.

          In case a developer fails to register due to the said clause, they are liable for a penalty, which is 10% of the total project cost. "In case of ongoing projects, we're now waiting for the projects to be completed, before we approach the government," said another developer, requesting anonymity.

          However, in these cases, many projects will be liable for a 10% penalty, which will be a huge cost to the developers. Sources within the industry said the quantum of such projects might be as high as 40% of the total, though no official numbers are available in this regard.

          The builder lobby had approached the state government to get this clause modified before it got notified in the state, but the government did not budge. "We'd approached the state government and asked them to follow the Maharashtra model, where the developer is asked to submit a plan explaining the cash flow for a particular project, for smooth completion of the project, instead of asking them to deposit 70% of the payment collected from buyers in an escrow account," said Praveen Jain, president, NAREDCO.

          Government officials however claimed these are mere excuses by developers in order to shun registrations. "We have given them an option to give us a detailed plan of the money they took from buyers, and how and where was it spent," said Dilbag Singh Sihag, official of the H-Rera.

          The money has to be submitted under four categories — land cost, statutory charges, infrastructure development and miscellaneous. Sihag added, "As of now, 547 applications have been received, out of which 185 projects have been registered. Additionally, 300 real estate agents have got themselves registered."

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          • Re : Latest News on Gurgaon Manesar NCR

            Unitech's Chandra brothers get bail in one case, to remain in custody for another

            The Chandra brothers, would remain in custody of the police till September 15 to get quizzed in connection with three similar complaints.PTI | September 12, 2017, 07:48 IST

            NEW DELHI: A Delhi court on Monday granted bail to promoters of real estate firm Unitech Ltd, Sanjay and Ajay Chandra, in one of the many cases of alleged fraud committed by them by not delivering flats to hassled home buyers.

            However, the Chandra brothers, would remain in custody of the police till September 15 to get quizzed in connection with three similar complaints.

            Additional Chief Metropolitan Magistrate Sandeep Garg granted bail to the Chandras on a personal bond of Rs 50,000 each in the FIR lodged by an 85-year-old woman alleging they had duped her of Rs 41 lakh in the 'Unitech Cascades' housing project in Greater Noida in Uttar Pradesh.

            The court allowed the bail plea after the Chandras, through their counsel R K Gosain, said they were ready for a settlement through mediation and submitted fixed deposit receipt of Rs 41.5 lakh.

            This amount shall be paid to the complainant once the matter is settled, the counsel said.

            A court here had last week sent them to seven-day police custody in connection with three FIRs, one of which alleged that he duped a man, who booked a flat in its 'Unitech Verve' project in Greater Noida, of Rs 16.77 lakh.

            Ram Narain Aggarwal, a retired government employee, has alleged that the firm floated a residential project 'Unitech Verve' in 2006 in which he booked a flat.

            The apartment was scheduled to be delivered by December 2009, but he has not yet got its possession, he alleged.

            The other two FIRs also alleged non-delivery of flats to home buyers and fraud committed on them by promoters.

            The Chandras have been accused of offenses under sections 120B (criminal conspiracy), 420 (cheating) and 406 (criminal breach of trust) of the IPC.

            Recently, the Supreme Court had refused to grant interim bail to the Chandra brothers till September 15 in one of it Gurugram-based project till the customers' grievances were redressed.

            It assured the troubled home buyers of refund of their investment or delivery of homes.

            In the last few years, several FIRs have been lodged against the Unitech top brass for allegedly cheating home buyers by not delivering them properties purchased from their firm's housing projects.


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            • Re : Latest News on Gurgaon Manesar NCR

              Bandhwari opposes new waste plant with hunger strike threat

              Bagish Jha| TNN | Sep 13, 2017, 07:15 IST

              GURUGRAM: The residents of villages surrounding Bandhwari staged a protest near the waste treatment plant on Tuesday against the MCG's plan to set up a waste-to-energy plant with the help of a Chinese company in Bandhwari.

              Demanding relocation of the waste treatment plant, the protesters threatened to go on an indefinite hunger strike if the government went ahead with its plan and engaged a Chinese company for this Rs 400 crore project.

              "We urge the government to dis-engage the Chinese firm and stop dumping waste in eco-sensitive Aravali," said social worker Acharya Santosananda Avadhuta, who led the protest on Tuesday under the banner of Kura Kachra Nistaran Samiti.

              Avadhuta claimed that around 1,500 tonnes of garbage is daily dumped in the forest area leading to the contamination of the ground water. "This garbage hill has turned into a health hazard for the villagers living near the area. Locals should stop dumping waste and work on the de-centralised model of processing of waste," said Avadhuta adding that dumping waste in forest areas is against the SC order.

              The residents had earlier written to chief minister Manohar Lal Khattar informing him that garbage was being dumped in the forest area. "The Supreme Court had explicitly prohibited pollution of the forest areas as it disturbs the ecological balance and poisons the water and food of animals and birds as well," Avadhuta said.

              The letter had pointed that groundwater in around 30 villages in the vicinity of Bandhwari in Gurgaon district, including Mangar, Baliawas and Gwalpahari, is polluted. "The Central Pollution Control Board (CPCB) and the Central Ground Water Authority (CGWA) examined the ground water and their report confirms these facts," claimed Avadhuta.

              CGWA has declared the Aravali forest range as a Critical Water Recharge Zone with Bandhwari being its nucleus. "The water recharged here provides drinking water to Faridabad, Gurgaon and Delhi. Therefore its contamination jeopardises the lives and welfare of the people and wildlife of all three areas," said Saurav Singh, a resident of Bandhwari village.

              "We will appraise the urban local bodies department about the concerns raised by the protesters and action will be taken accordingly," said a senior MCG official.

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              • Re : Latest News on Gurgaon Manesar NCR

                Illegal structures inside MG Road malls razed

                Bagish Jha| TNN | Sep 15, 2017, 01:51 IST

                GURUGRAM: The department of town and country planning (DTCP) cleared seven malls on MG Roadof illegal structures, sealing around 20 shops, restaurants, store rooms and other facilities in their basements, on Thursday.

                This was the second the anti-encroachment drive carried out by DTCP on MG Road this month. The department claimed that basements of all these malls had been restored for parking.

                "We had carried out the first drive on September 2 when some of the malls were cleared of encroachments. Today (Thursday) we cleared encroachments in rest of the malls. Now, all malls on MG Road have been cleared of encroachments," district town planner (enforcement) Rajendra T Sharma said, adding that before starting the drive they first checked the status of malls where drive was carried on September 2. He said there was no change in their status, and no new encroachment had come up.

                He said people could go and check on their own, and if they found any new encroachments, they could complain to the department.

                "We will take strict action, if any new encroachments come up," said Sharma. The department will continuously monitor the malls to keep check on any kind of encroachments.

                He said malls on Sohna road are now on the department's radar.

                The department through the CM Window has received several complaints about encroachments in malls on Sohna road.

                The malls had compromised the safety and security of visitors by allowing kiosks, stores, cafeteria and restaurants in basements and common areas.

                There are around 30 malls in Gurgaon, of which 24 are found to have violated the norms, and encroached upon the common areas and basements, according to a report published by DTCP in June 2017. Following the publication of the report, DTCP had issued notices to malls, and now finally launched the sealing drive.He said basements, as per the rule, are only for parking, but most of the malls had allowed shops, offices and restaurants risking the life of people, as basements are not designed for heavy movement of people. Besides, it causes congestion in and around malls, as visitors park their vehicles on service roads. He said the objective of the drive was to restore the parking space in basements.

                A representative of one of the malls on MG road, where the drive was carried out, said they followed all rules and regulation. "We fully cooperated with the department, and we will follow all the rules," he said.


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                • Re : Latest News on Gurgaon Manesar NCR

                  SC denies interim bail to Unitech's Sanjay Chandra

                  The Supreme Court early this month had appointed advocate Pawanshree Aggrawal as the amicus curiae to provide details of all the liabilities of Unitech so farSanu Sandilya | September 15, 2017, 16:06 IST

                  NEW DELHI: The Supreme Court on Friday refused to grant interim bail to Unitech promoter Sanjay Chandra, ordering formation of a web portal with details about all the home buyers wanting possession of flats and those seeking refunds.

                  Unitech made persistent request for an interim bail for Chandra today. However, the bench comprising Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud rejected the same, informed lawyer ML Lahoty who represented around 1,000 home buyers of Amber, Burgundy, Residences and Willows in Noida and Vistas in Gurgaon.

                  The Supreme Court early this month had appointed advocate Pawanshree Aggrawal as the amicus curiae to provide details of all the liabilities of Unitech so far.

                  Aggrawal has be been entrusted to form the portal as well today. The next date of hearing in the case has been fixed on September 21.

                  Lahoty feels considering the shortage of time, it would be difficult to accumulate all the home buyers' information in the portal by September 21.

                  According to him, there are around 74 projects of Unitech across the country, accounting for more than 15,000 home buyers, which are facing delays at present. Of this, 41 projects are located in the National Capital Region (NCR).

                  The apex court early this month had assured home buyers that it will ensure relief according to their choice — getting the money back or allotment of a flat.

                  Unitech has already deposited a total of Rs 20 crore, as directed by the court in earlier orders.

                  Unitech promoters Sanjay Chandra and Ajay Chandra are seeking interim bail from the apex court after the Delhi High Court on August 11 rejected their petition in a criminal case lodged by home buyers of Unitech's two Gurgaon projects.


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                  • Re : Latest News on Gurgaon Manesar NCR

                    Lucknow builder faces criminal charge for cheating Gurugram buyer

                    Bagish Jha| TNN | Sep 14, 2017, 02:04 IST Representative image

                    GURUGRAM: A case has been registered against a real estate company, following direction of a city court, for taking money from an investor for a unit in a commercial tower and later selling the same to another buyer.

                    Sadar police station registered a case against WelldoneTechnology Parks Development Private Limited, which has its registered office in Lucknow, its directors Umashankar Halwasiya, Sanjay Khuranna and managing director Mukund Halwasiya, under sections 406 (criminal breach of trust), 420 (cheating) and 120B (conspiracy). The FIR was registered on September 7, and a copy of it submitted before court on September 9.

                    Earlier, in August, while hearing a case filed by Suresh Kumar of JDS Estate Private Limited, first class judicial magistrate Prashant Rana had directed police to file an FIR against the company and its directors, and to submit a copy of it before the court.

                    Advocate Vishal Gupta said complainant Suresh Kumar had purchased a 1,500 sq ft unit (unit number 101A) on the first floor of Welldone Tech Park on Sohna road in 2008, after paying Rs 45 lakh. "As per the memorandum of understanding, the developer had to pay assured return of Rs 60 per unit to the buyer, and then lease out the space," said Gupta, adding that Kumar started getting assured return from 2009.

                    In 2010, the developer contacted Kumar and told him they had sold his unit (number 101A) by mistake. "They said conveyance deed has been signed, so nothing much can be done, and offered me unit number 401A instead," said Kumar, adding he accepted the proposal fearing he would lose all his investment. He said despite his repeated request, the developer avoided to execute the conveyance deed of the property.

                    In 2015, when Kumar was out of the country, he again got a call from the developer's office, this time for payment of property tax. "I sent my driver to the developer's office to make the payment and get a receipt," said Kumar, adding he checked the receipt on his return to India and found the tax was paid for unit 212A and not 401A.

                    Unable to get any satisfactory reply from the developer, he started investigating on his own. "I came to know that all the units, 101A (first allotted to me), unit 401A and unit 212A, were sold to different persons way back in 2010. None of the units were in my name," said Kumar.

                    Failing to get any response to his accusation from the developer, Kumar filed a complaint with the economic offence wing of Gurgaon police in April 2016. "EOW in its report confirmed units were sold to different persons by keeping me in the dark. But no action was taken against developer," said Kumar, adding that is when he approached the court.

                    Kumar filed a case before city court in August 2017. Taking cognisance of the issue, the court directed police to file an FIR. "Finally, a criminal case was filed against the accused. I hope they will soon face punishment for their crime," said Kumar.

                    Despite all efforts, TOI was unable to reach Welldone Technology Parks Development Pvt Ltd for their official version.

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                    • Re : Latest News on Gurgaon Manesar NCR

                      Homebuyers block Subash Chowk in protest, booked

                      Gayas Eapen| TNN | Sep 18, 2017, 04:06 IST

                      GURUGRAM: A group of buyers of Today Canary Greens and Today Callidora project blocked the traffic at Subash Chowk on Saturday evening, after their meeting with the builder was called off.

                      A case was registered against 12, including two women, who were detained for a few hours at the Sadar police station.

                      The Today Canary Greens project was scheduled to begin in 2010 and be completed by 2014. Several buyers, who have invested into the project, met deputy commissioner Vinay Pratap Singh earlier this month, and were asked to approach Rera.

                      According to the secretary of the Today Canary Greens buyers associations, Nitesh Kumar, the builder of Today Homes group had agreed to meet the buyers on Saturday. However, the meeting did not take place, as the builder did not arrive.

                      Enraged at this, the protesters took to streets on Saturday. According to SHO of Sadar police station, Vijay Kumar, the group had not registered any complaint against the builder, but instead took to blocking the road.

                      He said that the road was jammed for over 20-25 minutes, causing severe inconvenience to people. Despite being warned the group did not move, forcing the cops to detain them.

                      At the police station, when the buyers tried to file a complaint against the builder they were told that the project comes under the jurisdiction of Badshapur police station. The protesters were detained till 9pm. They were produced before a magistrate and released on bail.

                      Nitesh, however, said the group blocked the traffic only for 5-7 minutes and were not aware the area falls under Sadar police station and not Badshapur. He claimed that while 90% of the payment has been made, even the structure of the project is not completely ready.

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