Monday, March 24, 2014

97th Amndmt. (SERIAL No. 4); th Amndmt (VAT), et al


 All DDA activities to be online: Venkaish Naidu

 a quixot says: Your comment is awaiting moderation.

What is unpleasantly surprising is, as to why the central minister has confined his concern and addressed self only to DDA; not to every other local authority responsible for urban development in each one of the States across the nation?!
Undoubtedly, there is the utmost necessity for the long / overdue transparency, besides the attached accountability, to be thrust upon forcefully and effectively. and on a nationwide basis.

cross refer >

  1.   Cached
    Ministry of Urban Development. In the federal structure of the Indian polity, the matters pertaining to urban development have been assigned by the Constitution of ...

SC In 'Nahalchand' case -
Art 133 of the Constitution
Question; 'substantial' question of law ?

Regulator For Realty


  • Real Estate Regulation Bill partly draconian: Anuj Puri, JLL India 12 May 2014Opinion

  • Real Estate Regulation Bill partly draconian: Anuj Puri, JLL India 12 May 2014Opinion
  • Realty rally has little to sustain it, investors should be cautious
  • New government: Home prices may not rise immediately

    < Read Sidelines as well



    Impromptu (simply voluntary, and well-meaning/-intended to be of general help): The locale is Bangalore; and the query presumably is in relation to an apartment complex and the dispute is , as understood, parking car in open area, normally forming part of the "common areas", unless otherwise earmarked/demarcated.
    Without going in detail into the peculiarities or nature of the right claimed or opposed, one may merely wish to draw, for general information, the published critique (refer the website of Lawersclubindia); as that should enable the querist to consult his counsel and seek a proper competent advice on the limited point of the propriety or otherwise of the relevance or support sought to be drawn from the SC judgment in Nahalchand's case. Own independent viewpoints, with no obligation or responsibility attached or to be inferred, but put up purely for the common good at the website may be looked up for clues.
    NOTE: No further query or request for assistance of any kind will be entertained.



    Suggestions given by CA. Ramesh S. Prabhu, Chairman, Maharashtra Societies Welfare Association



    The Maharashtra Housing (Regulation and Development ...

    11/04/2012; Government of Maharashtra ... L A BILL No XV OF 2012.pdf ... Budget 2013-2014: speech of P. Chidambaram, Minister of Finance · Maharashtra ..


    Check this out, a new apartment law on the cards - Citizen ...

    Wrt  the concluding para., it would have been of great help and served a useful 'public' purpose had, AN Naik, who has been projected , rightly so, as a RTI activist (also known as a participant in the specially mooted project, shared the documents with the concerned rest. Even now, it may not be too late for him to do so; as, in any case, as repeatedly pointed out through that website, there has been no known progress but the stalemate tragically continues. Unless  the matter requiring concerted class action/pro activism,  is devoutly , with all seriousness, taken on and pushed through, without dragging feet, that too on a collective basis, there could be no successful outcome expected  but is bound to remain for ever, to eternity, a pipe dream.
    As one is expected to be aware, according to a well-meaning school of thought, prima facie sound, found to have been deliberated in certain knowledgeable circles, revamping of the extant law , by itself, can conceivably hold out any lasting solution, especially in the short life span. For a specimen, look up a well articulated article in public domain, specifically dealing with the  latest official (governmental move) in MAHA (the 2011 Act) proposing to usher in drastic changes in the subject field of activity.

    Sent to Editor (May 5)

    Ref. my recent comments- the last two addressed to Naik cld not be reached to Naik, as (the domain name) is reported to have expired y'day. Pending 'renewal' (?) by its owner, no knowing when (?!),  you are requested to fwd the comments to Naik for his info.

    > DLF Ltd. Vs. Manmohan Lowe - AdvocateKhoj

    cross refer-

    On Realty

    < 97th Amndmt. (SERIAL No. 3)
    An UPDATE (Mar 27)
    Key NoteS >

    Commissioner Of Income Tax vs Podar Cement (P) Ltd. Etc. on 27 May, 1997. Equivalent citations: (1997) 141 CTR SC 67. Author: K Venkataswami. JUDGMENT. K ...

    V.Swaminathan B.Sc., BL. FCA. 1. Prologue: It is commonly believed and often said that change is the only concept that never undergoes any change or can be changed.
    Comments Posted elsewhere on this website (i.e. @ » Hill Properties Ltd vs. Union Bank (Supreme Court)) being of equal relevance, are reproduced below ...
    Source- LAW vs Case Law ... Nahalchand's Case (I). The viewpoints stressed therein, in a nut shell:

    V Swaminathan B.Sc., B.L., FCA. INTRODUCTION. The case law vide the SC judgment reported @ SC on Car Parking. (Nahalchand’s case) calls for an analytical study.

    Section 194 IA (the enactment) of a recent origin

    Nahalchand yet Again >


    The circulars referred, as per one's recollection, found a mention on a Blog or Post by the project founder - Should he, as suggested,make those available,- though a bother but without minding to do so- that should, as believed, help anyone of those who want to use it for pleading and supporting that despite assurance/commitment the Registrar has failed to 'honor'. 

    As pinpointed, in cases where promoter has failed, and continued to fail, in compliance with several of the mandates of the law such as, execution of Form A, it could be validly stressed that is a case of continuing 'offence', hence one of 'continuing cause of action'; so much so, as per case law, he could be proceeded against, with no scope for question of 'barred by limitation' coming in the way. The points made in the Blog on "Final Conveyance" (link given more than once) should be helpful in firstly  "walking the talk" with promoter, and later in arguing before court.

    Two recent Posts on the article @citizen- matters, no doubt, prove so much vexing / discouraging, as to compel one to instantly throw up hands and exclaim in despair- now, even the Almighty could be of no help in ushering in any change; and hence has to be left, if at all, to the next generation to take on. That is, again in the fervent hope, by then, driven by wisdom gained in hindsight, the progeny would come to firmly believe that the only solution lies in placing faith on the principle of, - "optimism of the will", as opposed /in preference to “pessimism of intelligence". Notwithstanding that, both 'will' and 'intelligence'are nature-given faculties, invisible and each one of us is endowed with them but in mutually varying measure/level- that mostly also depends on the individual's own 'mindset' (-this peculiar concept, again invisible, may be found elaborated in some of the preceding Blogs,as the context required).   

    Nonetheless, not to betray  or give in half- way the purposeful efforts so long being made (-as considered not prudent, rather extremely unwise to abandon the boat midstream, more so in turbulent or troubled waters) , once again may draw attention to the viewpoints repeatedly underlined and conveyed on the crticality attached to inter alia  the concept of “final conveyance”.  

    With the same breath, to dilate and pinpoint, anyone left mired /utterly confused,- that is in a paradoxical situation/dilemma  akin to the mythological‘trishanku’,- for mutually varying individualistic reasons, yet wanting to try and make a definitive move, forwards, there is an unmistakable helpline. That is to be found in section 5A, inserted in the enactment for apartments, by Mah. 4 of 2008, and the amendments of section 6 earlier made by Mah. 36 of 1986, are noted to provide the requisite impetus / ‘will power’, in the form/garb of clinching clues.

    KEY NOTE: On a mindful comparison,it may be realised that other States e.g.Karnataka,have never cared to even look around and take a note of the changes made from time to time by Maharashtra (MAHA), admittedly the pioneer, being the first one to fall in love with the novel concept of 'units'. That is evidenced by the fact that the corresponding provision (- "Responsibility for payment of outgoings till property is transferred"), i.e. section 6 of the KOFA (in terms applicable also to apartments)has failed to incorporate like changes as in the law of MAHA.Nonetheless, the opening words,- "A promoter shall, while in possession....until he transfers the property taking over the flats or to the organisation of any such persons',- in one's own considered opinion, ought to be of immense help/support to cut across/break the ice,and confidently forge ahead.           
    Sec 6 of KOFA
    Section 6 - - Responsibility for payment of outgoings till property is transferred

    A promoter shall, while he is in possession and where he collects from persons who have taken over flats or are to take over flats sums for the payment of outgoings even thereafter, pay all outgoings (including ground rent, municipal or other local taxes, taxes on income, water charges, electricity-charges, revenue assessment, interest on any mortgage or other
    encumbrances, if any), until he transfers the property to the persons taking over the flats, or to the organisation of any such


         Bombay High Court’s decision in Vithaldas Vishram).

    The traditional legal maxim is that “ignorance of the law is no excuse.” Today, however, even the Congressional Research Service can’t count the federal ...

    Ignorance of law is no excuse ... is an age - old maxim. Ignorance (of law) is bliss ... or genuine or feigned, has come to be looked upon as bliss; an eternal one at ...

    TAGS >>>> CivicRWAOpinion
    Yes, undoubtedly, with no room for a sane quarrel, the utmost need for everyone concerned, directly or otherwise, is to be aware, and intimately "know the law", as brought to focus. That is not to say, that is the end-all of it.
    Post- compliance with the law, it is equally important to know more; including the formalities requiring compliance by a 'housing society'.
    A close look through the contents of the comprehensive report - ACCOUNTS AND AUDIT OF THE SOCIETY - Western India Regional ...
    ought not but certainly to be helpful.
    The point calling for a special mention is that, of course, the guidelines / covered aspects for guidance have reference to the Western India Region, Now, that each such region has become/lately been centralised, in one's perspective, everyone of them need to follow suit and come out, the soonest than later, with such a detailed write-up of expert guidance, for the benefit of members in that region.
    Possible hurdle, as anyone may be tempted to imagine or think of , is the staring reality (repeatedly pointed out) that In many other States, unlike Maharashtra, e.g. in Karnataka, similar rules and regulations governing housing (Apartments/ Flats) societies have remained to be framed and brought on the statute book.
    Even so, from the viewpoint / in the interests of the purchasers /owners , there may be no valid justification for, -from the viewpoint of societal welfare and on the grounds of connected considerations,- the august professional body , more so functioning also as a controlling / regulatory authority, not to frame and have such guidelines issued, with suitable modifications, which should go a long way in bringing about the much wanted discipline in the realm of audit over proper administration of mushrooming 'housing societies' all around, with no bounds.

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