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- High court stays removal of 5 unauthorised shrines by January 16 Tushar Pawar| TNN | Updated: Dec 17, 2016, 07.29 AM IST
NASHIK: The Bombay high court (HC) on Friday ordered a stay on the removal of five religious structures in the Chuchale area of the city by January 16, 2017.
The court issued the order while hearing a writ petition filed by former local corproator Dilip Datir. Along with Shiv Sena co-ordinator Bhagwat Arote, Datir, a former house leader, had filed the writ petition in the HC seeking exemption for the five structures from being removed on the ground that they were located on open spaces.
The petitioner added, "The court has also sought information from NMC about these five religious structures by January 16."
HC judges Naresh Patil and M S Karnik issued the order during hearing on Friday. Lawyers S Nargolkar and K Joshi contended on behalf of the petitioner.
Civic body additional commissioner Kishor Borde said, "The court has stayed removal of the five structures, but we are yet to get details. We have already removed 102 unauthorised religious structures after 2009 in the limits of the municipal corporation, including those in the Cidco area. Around 74 unauthorised religious structures, including 17 in the Cidco area, are yet to be removed."
- ‘Not mentioning loading percentage unfair practice’ Abhilash Botekar| TNN | Updated: Dec 26, 2016, 06.50 AM IST
NASHIK: In a large number of cases, builders do not specifically mention the loading percentage added to the built-up area in sale deed of flat. This amounted to unfair trade practice and hence, the builder should return the excess amount charged to the consumer with 11% rate of interest, the Nahsik consumer forum ruled.
'The builders should specifically mention the loading percentage in the construction of the flat and if that is not mentioned, it has to be assumed to be 25% only. In the current case, since the builder has not mentioned the specific loading percentage that will be added to the built-up area and the builder should return Rs 2.31 lakh excess amount along with 11% rate of interest to the consumer', ruled Nashik Consumer Forum president Milind Sonawane in a judgment recently.
The judgment came in the case registered with the forum on November 18, 2015 by Tulshiram Bairagi and Prerna Ambade, residents of Rukmini Nagar, Malegaon Stand, Panchavati, Nashik against the builder for various reasons, including charging for excess built-up area than actual delivery, improper development of common amenities and clearing the 'Deed of Apartment' in their favour.
"We have taken loan of Rs 17.15 lakh from a bank for the flat costing Rs 19.25 lakh in Kamal-Kanti apartment constructed by Poonam Gandhi, the builder and developer from Nashik Road. We paid balance Rs 2.1 lakh in cash, Rs 30,000 for power and water connections, Rs 35,000 for one-time maintenance. But we found the builder mentioned 908 sq ft built-up area and instead we received only 798.78 sq ft, which means he charged us for 109.22 sq ft in excess. We have demanded repayment of the said amount at the rate of Rs 2,120 per sq ft that we paid to him," Bairagis pleaded before the forum.
Besides, the Bairagis also complained that the bank account in the name of the society was not completed, the transfer deed in the favour of society not done, parking area badly developed and ill-furnished.
The builder, however, denied charges saying the consumer had wrongly calculated the built-up area. "The consumer considered loading percentage of 25% on the built up area instead of 35% and hence, the difference in the calculation by the consumer," the lawyer for the builder said.
The builder further denied other charges saying best of amenities were provided to the building and that there were no issues about any house. "In fact, the complainant had registered the complaint only because they did not want to pay the balance Rs 85,000," the lawyer said.
The forum committee of three members went through facts presented by the complainants and the defendants and arrived at a conclusion that the builder had erred by not charging excess area not delivered and also by not completing the formalities of deed of transfer.
'Going through the papers, it is amply clear that the builder did not mention the loading percentage. When it is not mentioned, it has to be considered at 25% of the built-up area. Many times the builders do not mention the loading percentage and simply claim the carpet and built-up area in the sale deeds, which we feel is unfair trade practice', the judgment said.
'The builder therefore should return to the consumer Rs 2.31 lakh along with interest at 11% for wrongly charging the development loading percent from December 2, 2013, clear the deed for transfer within one month of the judgment, clear the parking amenities to the mark, clear the one-time maintenance payment and also pay Rs 15,000 for physical harassment to the complainant and Rs 10,000 for mental harassment,' the forum said.
- Valuers’ body wants government to reduce Ready Reckoner rates Tushar Pawar| TNN | Dec 27, 2016, 07.19 AM IST
The Nashik chapter of Institution of Valuers (India) — an association of government approved valuers — wants the state government to reduce Ready Reckoner (RR) rates for the financial year 2017-18.
The association on Monday said it will approach the town planning department of the state government and urge them to make realistic valuation of properties and reduce the RR rates, which will come into effect from April 1.
The RR rates are an annual statement of rates based on which the stamps and registrar department collects stamp duty from property buyers.
The state government revises RR rates every year with effect from April 1.
Earlier, the state government would revise RR rates as per calendar year (Jan-Dec) every year. But on Dec 31, 2015, the government passed an amendment and decided to announce RR rates for the financial year (April-March), with effect from April 1, 2016. Now, the new revised RR rates are to be announced on April 1 next year.
Sanjeev Patil, president of Nashik Institute of Valuers (India), said, "Earlier, the proportion of black money was more in property transaction. The ratio was 60:40 i.e. 60% white money and 40% black money. Moreover, brokers would also take their brokerage. But after demonetisation, there will be no scope for black money as every transaction will be recorded. Hence, there will be correction in property prices."
He added, "The real estate sector is passing through a phase of recession for the past three years. The supply is more as compare to the demand. Nevertheless, the state government increased the RR rates at large in past three years. Hence, existing RR rates are unrealistic. Now, the new RR rates of the district are to be revised for a year with effect from April 1. The Town Planning department has also started its exercise to revise rates. Hence, we want the state government to reduce RR rates through realistic valuation of properties with the help of experts and government valuers."
Patil said their body will approach the concerned government authority for the same. In last three years, the RR rates have almost doubled in Nashik. During the calendar year 2014, the state had increased the rates of land, residential and commercial properties in Nashik city in the range of 1.62%-48.93% in different parts of the city.
In 2015, the RR rates of land, residential and commercial properties in the city had been increased in the range from 5 per cent to 15 per cent in different parts of the city.
In 2016-17, the state government increased the RR rates in the range from 2 to 20 per cent in various pockets across the city.
- Builder deposits Rs 7 crore, probe on Tushar Pawar| TNN | Dec 30, 2016, 11.11 AM IST
NASHIK: The Income Tax department has started inquiry of a major builder in the city for depositing Rs 7 crore in scrapped Rs 500 and Rs 1,000 notes in various bank accountsafter demonetisation.
Sources from the I-T department said, "We have already served notice on him and are conducting an inquiry. It will take a few days. The builder has claimed that the money is from his customers." In the last week of November, the department had conducted a probe against a realty firm over cash transaction in property sale and also to find out unaccounted income. Builders, jewellers, banks, traders and industrialist and priests are under the scanner after demonetisation.
On Tuesday, the I-T officials have found unaccounted assets worth Rs 2 crore and seized 4.5 kg gold from the residences of two priests in Trimbakeshwar town.
- Nashik division gets lowest funding Abhilash Botekar| TNN | Updated: Jan 3, 2017, 06.22 AM IST
NASHIK: The government has earmarked Rs 30,000 crore to develop network of roads across the state as part of its 15-year plan and has allotted funds for to every division.
With Rs 3,274 crore the Nashik division is at the bottom of the list, while Aurangabad tops the chart with a funding of Rs 6,149 crore.
State cabinet minister (PWD) Chandrakant Patil told TOI, "While allocating funds, we ensure that regional balance is maintained. But, the problem is that the roads in Marathwada have gone beyond repair. The condition of roads in Marathwada is the worst.
When asked about North Maharashtra getting the lowest allocation, the minister asked, "How can you compare Marathwada with North Maharashtra. Marathwada has eight districts that have fairly large geographical areas, while North Maharashtra has just three districts."
It requires around Rs 2.25 crore to construct a road stretch of 1 km. Now, with the allotted money, Nashik is expected to develop around 325km roads in two years.
"This is not a good sign as far as development of Nashik is concerned. The district witnessed huge inflow of funds during the time of former deputy chief minister and state PWD minister Chhagan Bhujbal, but now it is going down," a senior office-bearer from Nationalist Congress Party (NCP) said.
The state government has drawn the ambitious plan of deferred annuity for construction of roads in which existing roads would be widened and strengthened to up to 10 meters in width along with developing of the shoulders to ensure roads were wide enough to avoid accidents despite head-on traffic system.
"Aurangabad tops the chart with Pune being second. Nagpur, unexpectedly, is only a little better than Nashik (North Maharashtra) division that is at the bottom of the chart," a senior officer from state PWD said.
"Pune division or West Maharashtra will get Rs 5,803 crore for developing 2,600 km of roads under the programme," the PWD officer added.
The Konkan region that also includes Mumbai is expected to receive Rs 5,657 crore for development of 2,514 km of roads, while Nagpur division is placed fifth in the chart with Rs 3,980 crore for construction of 1,770 km of roads.
The construction is planned for next two years only and with the vision of traffic requirement for next 15 years.
"The government is spending huge in developing connectivity in rural areas expecting that there will be huge movement of people in interiors as people take on more vehicles for commuting. The PWD offices were given the target to conduct the survey of existing road situation, estimated growth in traffic and figure out the important roads that are expected to connect major highways, industrial towns, villages, places of tourist interests etc. Accordingly the roads have been selected and the same will be developed in next two years and will be maintained for the next 15 years," the officer said.
- City’s development plan in final stage of approval TNN | Updated: Jan 4, 2017, 02.44 PM IST
NASHIK: The city development plan (DP) that has been pending with the state government since around a year is in the final stage of approval and is expected to be published in couple of days.
The draft development plan — prepared by Prakash Bhukte, joint director of the state government's town planning department — was published on May 23, 2015. It was sent to the state government for chief minister's approval.
A planning committee was appointed by the state government to verify suggestions and objections by the people following revision of the draft DP. Thereafter, the suggestions and objections from the people over the draft DP was invited.
The committee verified the suggestions, objections and reports submitted by the planning committee and then sent the draft DP to the state government for approval. Now, almost nine months later, the city's development plan would be published.
According to a civic official, it is expected to be published in two days. Principal secretary of urban development Nitin Kareer said, "The DP is with the chief minister and is in the final stages of approval. It will be published soon."
The DP of Nashik was being worked upon since 2011. As per Section 31 of Maharashtra Regional Planning and Town Planning Act 1966, the plan has to be finalised or accepted within six months of receiving the report. But till now no decision had been taken in this regard.
Preparation of the main DP began in 2011, but due to various hurdles it took five years to complete. There is a provision for seeking extension under the same section. The report was submitted to the government on November 16, 2015. The deadline for approving it was May 15, 2016 and an attention motion was drawn by MLC Jaywant Jadhav.
- Sarvajanik Vachalaya Nashik admin razes illegal construction TNN | Updated: Jan 5, 2017, 01.00 PM IST
NASHIK: The new administration of the Sarvajanik Vachalaya Nashik (SaVaNa) on Tuesday demolished the reading room after the civic body termed it illegal six months ago.
This was the third move by the new SaVaNa administration after it suspended executives and the replacement of the entire executive body working under them.
The reading room, popularly known as 'mukta dwar', was built exclusively for readers of newspapers and magazines during the time of the executives now suspended. A current executive board member of the 175-year-old public library said the construction of the reading room was illegal and the Nashik Municipal Corporation(NMC) had served three notices in the past.
"The former executive members had renovated the meeting hall and auditorium and constructed an art gallery on the library premises. While doing so, an open reading room, which used to be an important part of the library, was built on a pavement near SaVaNa. This was done without the NMC's prior permission," a library statement said on Wednesday.
Jitendra Chavan, an engineer from the NMC's town planning department, had issued the most recent notice, directing the library to demolish the construction. "The NMC was to carry out the demolition drive in January first week. But, the library administration removed it to avoid the NMC crackdown," he said.
Suspended executive members of the library refused to comment on the issue.
In the meantime, the SaVaNa administration started a temporary reading room in the library's gallery on Wednesday.
"A new space will be allotted for the reading room soon. It will be spacious and have all facilities," library president Vilas Aurangabadkar said.
The internal conflict between two groups in the 175-year-old literary and cultural institution is going on from October last year.
Though the first official record of SaVaNa is available in Nashik Gazetteer published in 1883, library records confirm that it was founded in 1840 by British officers and then missionaries. Over the years, the institution has nurtured five generations of Nashik and is currently serving Generation X with digital reference records and e-books.
- NMC launches helpline for property survey complaints TNN | Jan 5, 2017, 11.55 PM IST
Nashik: Citizens from across the city have been complaining against employees of the private agency — hired by the Nashik Municipal Corporation (NMC) to carry out the ongoing property survey — for failing to produce identity cards before entering their houses along with inappropriate timing of their visit.
"We have asked the employees to produce their original identity cards. Unless they do that, people should not let them in for conducting the measurement. We have also introduced a helpline number (7768008740) where citizens can register a complaint with the NMC from 8 am to 8 pm," said an NMC official.
Model code of conduct: Due to the model code of conduct imposed for the teacher's constituency election, the tree committee meeting was postponed.
"No policy decision can be taken at the general body meeting on Friday due to the code of conduct. Government vehicles will have to be given back. Office bearers can sit in their respective cabins. Hoardings and banners will have to be brought down. However, we can take action on scrap market at Satpur-Ambad Link Road," said municipal commissioner Abhishek Krishna.
- Nashik development plan gets nod, wait for publication begins Sources from the Mantralay said the DP has been planned for 20 years from 2016 to 2036, projecting the future population growth at 24.50 lakh by 2026 and 34 lakh by 2036.TNN | January 06, 2017, 14:30 IST
NASHIK: The state has finally approved the city’s development plan (DP) almost a year after the civic body submitted it.
The government, however, has to seek the state election commission’s permission to publish the DP and the Development Control and Promotion Regulations (DCPR) because of the code of conduct enforced for the teacher’s constituency election. If the poll panel gives the go-ahead, the government may take another week to publish the DP.
Sources from the Mantralay said the DP has been planned for 20 years from 2016 to 2036, projecting the future population growth at 24.50 lakh by 2026 and 34 lakh by 2036. “The chief minister has signed the DP. But as the model code of conduct has been imposed in Nashik for the teacher’s constituency elections, we will have to seek the state election commission’s permission on whether we can publish it,” a source said. Asked if the DP can be declared at the state level, the source said it was unlikely but the CM could take a call on it.
A civic body official said the code of conduct for teacher’s constituency poll would be followed by the one for the civic elections. “In all likelihood, the DP would be published only after the civic, mayoral and standing committee elections in March,” the official said.
This is the city’s second DP and the first one (1993-1996) had come in phases. Ideally, the second DP should have been published in 2012. But its work started in 2011. The state government had set up a special cell to prepare the draft of the new DP after the previous one expired in 2011. Deputy director (town planning) Sulekha Vaijapurkar was appointed the unit head. The cell had prepared the draft DP and it was submitted to then civic chief Sanjay Khandare on August 13, 2013.
At the civic body’s general body meeting on September 23, 2013, members from all parties opposed the draft DP on the contention that it was in favour of builders. They also claimed that it would be mean injustice to farmers because the maximum reservations were put up on their land. The corporators were also unhappy with the the DP getting leaked even before it was presented to Khandare. All this prompted the then mayor to scrap the draft DP.
On November 7, 2013, the state government cancelled the draft DP and directed the town planning department department to appoint joint director (town planning department, Nashik division) Prakash Bhukte for revising the draft DP. Bhukte began the work on December 2, 2013 and submitted it to the director of town planning (Pune) by 2014 end.
Though the draft DP was declared on May 23, 2015, there were 2,149 objections to it. After hearings, it was rectified and finally sent to the government for approval in January 2016. MLA Jaywant Jadhav drew an attention motion to ensure the passage of the draft DP. The CM had then assured its approval.
The city’s development now appears to be on track with the CM signing both the DP and the DCPR. The residents are curious to know about the reservations included and excluded, inclusion of new roads, Nashik’s chances of getting into the “B” grade city along with Pune, the provisions for commuting, inclusion cycle track and the clean Godavari plan in the DP.
As far as the DCPR is concerned, the building completion certificates are pending for many constructions due to cupboard space violations. Many are waiting to find the policies on road margin, transfer of developmental rights and the floor space index.
- Six months delay in MIDC’s new additional industrial estate Tushar Pawar| TNN | Updated: Jan 7, 2017, 01.57 PM IST
NASHIK: The wait for the MIDCs new additional industrial estate proposed at Talegaon-Akrale in Dindori tehsil, which was expected to be ready by the end of March, will get longer by six more months.
The Maharashtra Industrial Development Corporation (MIDC) is developing the estate on 500 acres at Talegaon-Akrale, barely 18km from here. It is now expected to be ready by September end. The MIDC has started Rs 71-crore infrastructure work, including constructing internal roads, jack-well and pump house and laying of a water pipeline between the new industrial estate and Palkhed dam to supply water to industries.
Another official said there were some issues with farmers for land acquisition, but most of the contentions have been sorted.
M G Kulkarni, president of the North Maharashtra unit of Laghu Udyog Bharati, said, "The new estate will definitely attract industrial investment worth Rs 2,000 crore and generate around 5,000 jobs. The Union government is expected to introduce Goods and Services Tax (GST) during 2017-18 financial year. The GST will help attract large investment not from across the country, but also foreign investment."
The Satpur and Ambad industrial estates of MIDC in Nashik have been fully occupied and there is no land available for the new industries and existing ones for expansions.
- NMC to raze down scrap market on Satpur-Ambad Link Road TNN | Jan 7, 2017, 11.25 PM IST
NASHIK: The controversial scrap market on Satpur-Ambad Link Road will be razed to the ground by Nashik Municipal Corporation on Saturday amid heavy police security. The scrap dealers had filed a civil application in the high court against the demolition, which was rejected.
The court observed that the NMC was taking the action as per the orders of the high court and Supreme Court. Around one-and-a-half years ago, the Bombay High Court had ordered that the scrap market be demolished.
A day before the demolition drive, the police conducted a route march in the scrap market. Nearly 400 police personnel including three deputy commissioners, three assistant commissioners, 60 officers, a platoon of quick response team, bomb detection and disposal squad were part of the route march.
"We will be conducting the drive on Saturday morning," said municipal commissioner Abhishek Krishna adding the NMC would not succumb to any political pressure.
- Govt seeks poll panel’s approval to publish development plan TNN | Updated: Jan 8, 2017, 11.55 AM IST
NASHIK: The state government has written to its election commission (EC) seeking permission to publish the city's development plan (DP) in the backdrop of the ongoing model code of conduct.
The DP and the Development Control and Promotion Regulations (DCPR) were signed by the chief minister recently. Owing to the model code of conduct imposed for the teachers' constituency election, the state will have to seek the EC's permission to publish the DP.
"We have written to the EC on Friday seeking approval to publish Nashik's DP and DCPR. Their reply could take a few days," a source from the ministry, said.
After nearly a year, the state approved of the DP, but the code of conduct has delayed it further. If the EC gives its nod, it could take around a week for the DP to be published. The DP was planned for a period 20 years from 2016 to 2036, projecting the future population growth at 24.5 lakh by 2026 and 34 lakh by 2036.
A Nashik Municipal Corporation (NMC) official said, "If the EC does not permit publication of the DP, then we will have to wait till March."
This is the city's second development plan. In 1993-1996 the first DP came in phases. Ideally, the second DP was to be published in 2012, but the work on the DP started in 2011. After much controversy and revision of the DP, it was sent to the state for approval last year.
"Not only the DP, citizens are also waiting for the DCPR to learn about policies relating to building norms," the official said.
- Businesses cannot be legalised in residential zone: NMC chief TNN | Updated: Jan 9, 2017, 10.51 PM IST
Nashik: As the scrap dealers expressed their displeasure over the demolition drive conducted on Satpur-Ambad Link Road by the Nashik Municipal Corporation (NMC), civic chief Abhishek Krishna on Monday emphasised that the scrap business could not be legalised because it is situated in a residential zone.
The scrap market that has been in focus since two decades and in a legal battle for over 17 years, was finally demolished in a three-day drive conducted by the NMC as per Bombay High Court's orders passed two years ago.
The land belongs to scrap dealers but they were conducting commercial activity in a residential area and wanted to get it legalised from the NMC.
"We have all the documents and 7/12 extract in our names. We want to get it legalised once the drive is over. Our former presidents had assured us that they had spoken with the town planning department but nothing of that sort seems to have been done," said Alam Khan, president of Satpur-Ambad Link Road Scrap Dealers' Association.
Krishna, however, said that the business could not be legalised at all. "Since the business is in residential zone in no way it can be legalised. For this changes have to be made in the development plan. The government has to do it. As far as things pertaining to residential aspects are concerned, we can legalise it as per the law," said Krishna.
On demolition of structures other than scrap shops, he said all businesses in that area were illegal since they were being conducted in residential zone.
"There had been lot of outlay in the market when they came to know that we were going there. They showed that some labourers were staying there in a cabin behind the shops," he said.
About ensuring the shops do not crop up again he said, "We will take action immediately against any shop in the residential area and demolish them without any notice. For that we will be keeping a constant vigil."
- NMC razes Satpur-Ambad Link Road scrap market TNN | Updated: Jan 9, 2017, 10.55 PM IST
Nashik: The Nashik Municipal Corporation (NMC) concluded the demolition drive of the Satpur-Ambad Link Road-based scrap market on Monday.
But scrap dealers are unhappy as some of the houses and shops have also been demolished in the process.
In this drive, Nawab Chacha — an octogenarian who does not have a family or relatives and is taken care of by the scrap dealers — lost his house. The president of Satpur-Ambad Link Road Scrap Dealers' Association Alam Khan took him to his place.
"As many as 532 shops had to be demolished, but the NMC demolished around 800 shops. There are more than 3,000 shops on either side of the road. This is our source of livelihood. We don't know what to do now. We are at the moment collecting whatever is left," said Wasim Ullah.
A greeing that the HC had ordered clearing the scrap market two years ago, the scrap dealers said till the day of demolition they were told by the former president that they had a stay order.
"On 100 feet Road we feel one can conduct business legally. There are 300-350 such shops which were not scrap shops," said Sohail Khan, a scrap dealer.
Agreeing that they have been misled by the former presidents, they said that they would wait for the drive to get over and then do whatever was is legally necessary.
"The NMC told us that if we do not clear the area of all the scrap in eight days they would confiscate them. They also asked us to prepare a file within eight days of the drive and give it to them. They would see which shops could be legalised as per the norms of maintaining side margin," he said.
On refusal to accept the alternate land suggested by the NMC, Sabir said, "It was a small place to accommodate all of us. "
- Concrete shadow on green cover in Nashik TNN | Updated: Jan 11, 2017, 11.16 AM IST
NASHIK: Nashikities fear that more concrete structures will come up in their city at the cost of green cover.
The state government has decided to do away with 31 reservations in the city's development plan (DP) that it recently approved.
In its January 9 notification, the the government stated that 31 plots, earlier reserved for setting up gardens, municipal markets, playgrounds and commercial and educational establishments. will now be converted into residential zones.
The government's move has left a major section of residents livid with many questioning the logic of deleting these reservation. Many felt that the deletion of the reservation were "in violation of Supreme Court verdicts on gardens and educational establishments".
These reserved areas were included in the DP prepared way back in 1993. The new DP has been planned for a period 20 years from 2016, projecting the future population growth at 24.50 lakh by 2026 and 34 lakh by 2036.
"On what ground the government has deleted the 31 reservations? We fear that these deletions have done keeping in mind some vested interests," entrepreneur Rohit Patil said.
According to him, reservations for municipal market places behind Durga Garden and at Dasak in Nashik Road have been cancelled along with the reservation for the garden behind Mhasoba temple on Nashik-Pune highway. These have been converted into residential zones. "As per the apex court direction, reservations for gardens and educational complexes cannot be deleted," argued Patil.
Sharing similar views, economist Sushma Kanade said the deletions have been made on the basis of the objections raised. "But it is surprising that the reserved areas have all been converted into residential zones. This clearly shows that only the builders have been appeased. I have gone through the notification. It at least gives us a scope to raise objections again," she said.
"If NMC does not require the reservation, then why had the authorities proposed it in 1993. And why does the civic body now feel that it does not require the reservation," Kanade added.
Jayesh Thakkar, former president of Confederation of Real Estate Developers' Associations of India (Credai), Nashik chapter, said, "The reservation of the gardens should not be removed. The young generation needs such amenities. There are not many reservation for gardens in this DP. We need bigger gardens such as Shivaji Garden, Nehru Garden and Pramod Mahajan Garden."
Kishor Patil, one of the town planners of Nashik, told TOI: "We have sorted out some highlights of the DP. It will take some time to publish it. Citixens can register their suggestions and objections"