Fwd: Please join hands - Fwd: 23-Nov-2011 Charges for mutation of flats registered under WB Apartment Ownership Act 1972 for NKDA

[Avick Chakraborty]

---------- Forwarded message ----------
From: "Jaydeep Chakraborty" <jaydeepchak...@gmail.com>
Date: Nov 24, 2011 12:09 AM
Subject: Please join hands - Fwd: 23-Nov-2011 Charges for mutation of flats registered under WB Apartment Ownership Act 1972 for NKDA
To: "Gautam Bhadra" <gbh...@alltech.com>
Cc: "Mr. Jaydeep Chakraborty" <jaydeepchak...@gmail.com>, "Greenwood Sonata President Mr Manas Sen" <manas_...@rediffmail.com>, "Greenwood Sonata Secretary Mr Arindam Datta" <arindamdu...@yahoo.com>, "Ratan Chakraborty" <chr...@yahoo.com>, "Mr C R Roy HIG3-4B Greenwood Sonata" <ray.chi...@gmail.com>, "Dr Asitava Sur Greenwood Sonata" <asita...@yahoo.com>, "Mukherjee, Rudradev" <rudradev....@spcorp.com>, "SUDHIR JHA" <jhaks...@gmail.com>, "Gopal Banerjee" <ssb...@gmail.com>, "Narayan Prasad Tibrewal" <nptib...@gmail.com>

Dear Gautam-da

 

Please refer to the e-mail below. I am personally not OK with the payment of 0.5% of the deed value for mutation of my flat and has therefore compiled the e-mail below for the CEO to react, with inputs from West Bengal Valuation Board(WBVB), Rajarhat Gopalpur Municipality(RGM), Bidhan Nagar Municipality and from lawyers in my neighborhood in Salt lake.

 

 I am more than happy to take the initiative of drafting an e-mail with the facts gathered so far from the various discussions but  would need the support from residents of Action Area II D in this regard as all  will be happy if they DO NOT have  to shell out such amount, after paying hefty registration charges for their flats.

 

I request you therefore to please communicate to all concerned and suggest that the concerned President and/ or Secretary of the respective apartment complex take charge and propel this initiative to all respective residents to create sufficient ripples and draw attention as we did with our joint petition dated 06-Sep-2011.

 

Please initiate the needful so that we have enough representatives in the meeting with CEO, NTKDA once communicated by him and work on a similar joint petition to be submitted at the earliest next week for consideration to CEO, Chairman HIDCO and Local MLA. Attached is a copy of the petition that we submitted last time.

 

Please respond and help Without any acknowledgement or  further communication, reinforcing the issue that has been raised, I do not understand if that is my personal problem or a common cause for the benefit of all. 

Also we need to mobilize support and move together if we decide to challenge the ruling in court. Please motivate all concerned

Contact:

Shri Gopal Chandra Ghose, WBCS(Exe), CEO

Newtown Kolkata Development Authority 

Newtown Kolkata 7000156

Phone: 033-2324-2324/  9836673222(M)

E-mail: ceo...@gmail.com

Regards

Jaydeep

---------- Forwarded message ----------
From: Jaydeep Chakraborty <jaydeepchak...@gmail.com>
Date: Wed, Nov 23, 2011 at 11:14 PM
Subject: 23-Nov-2011 Charges for mutation of flats registered under WB Apartment Ownership Act 1972 for NKDA
To: CEO NTKDA Mr Gopal Chandra Ghosh <ceo...@gmail.com>
cc:Gautam Bhadra <gbh...@alltech.com>

 23-Nov-2011

 

Dear Sir, 

 

We spoke last week and were to meet you at your convenient time this week for a discussion. We are looking forward to you to confirm the date and time of the said meeting. 

 

Request refers to my earlier communications on this topic. Below a summary; .we wanted to have face to face discussions on these points to capture your feedback and hence writing to you beforehand.

 

1. Please refer to Form A for Mutation under NTKDA.  There is NO indication of mutation charges for Mutation of flats registered under WB Apartment Ownership Act 1972. The mutation department merely verbally communicated to us that the mutation charges would be 0.5% of the deed value. No written notice has been made available while distributing the mutation form and we are in dark. I found no information on this matter in the website www.nkdamar.org. And unless that is printed on the form or indicated by a reference in the form, we understand that we are NOT liable to pay the charges. (Compare to the same as available in the mutation form for KMC- form A-42)

 

2. Please refer to No.26/NKAD/Admn-127/2010 dated,5th January,2011, which is a **DRAFT** version of the regulations, as attached.  Point 8(a) of the same reads as "At the rate of 0.50% of the Deed value of the land or building or dwelling unit or shop or establishment or any other unit duly registered with the Registrar or Sub-Registrar appointed under the Indian Registration Act, 1908.” However we noted
1. The regulations are DRAFT only and the final version of the same not available in the Internet or in the website www.nkdamar.org. Hence till the final and approved publication is made available to us this DRAFT version does not have any legitimacy
2. The DRAFT version of regulations do NOT say if the same charges are applicable to mutation of flats registered under WB Apartment Ownership Act 1972 under the jurisdiction of NKDA and that may have been explicitly specified. (Compare to the same as available in the mutation form for KMC- form A-42)

 

3. I could not gather from the website if NTDA has received the status of a municipality as on date and is governed by West Bengal Municipal Act 1993 and the Rules of the same. If not yet, then it is  NOT entitled to collect property tax as under the legislature of Local government only a Municipality or a Panchayat is empowered to do the same. To our understanding NTKDA is formed by the West Bengal Housing Board / HIDCO and NOT authorized to collect property tax. in this light

 

4. On the contrary, if it has already received the required status of a municipality, then as per the order of the ruling of the Division Bench of the honorable High Court, Kolkata that says that the clerical charges associated with mutation ( only for name transfer) is limited to Rs 200/- only, it is bound by the same. It can not charge anything beyond this Rs 200/- as mutation fees.

  

5. We are under the impression that by an internal executive order of the board, NTKDA (if that already has been given the status of municipality) may have formulated a directive that 0/5% of the deed value be paid as service charges/ developmental charges during mutation, but that can NOT be coined as Mutation Charges because of (4) above. Your statement on the phone that 0.5% of the deed value is the applicable mutation charges, for flats registered under WB Apartment Ownership Act 1972, is therefore in contention and we are NOT obliged to pay the same to NTKDA, as per the court ruling that exists.

 

6. Hence with the above backdrop and as already mentioned in our earlier e-mail(s) and petition dated 06-Sep-2011 from all apartment complexes of Action Area IID, that such a lump sum payment as proposed by you, will put us in a financial burden. We therefore requested you to revisit and reconsider the fees and let us know. We have not heard from you yet and hence wanted to discuss in detail to take it forward as appropriate

 

7. Last not the least, kindly be advised, that such an “executive order” of the board can be challenged and quashed in a court of law, and as precedence KMC already had lost a similar case in the past.

 

Please let us know by a return e-mail when we may meet to discuss and clarify the above. Please mark a copy of your e-mail to all in the circulation list so that the other stakeholders may join us in the meeting, as per their convenience.

 

Looking forward to hearing from you.

 

Regards

Jaydeep Chakraborty

09339654540 (M)

Greenwood Sonata, Action Area II D, Newtown Kolkata 700157

---------- Forwarded message ----------
From: Jaydeep Chakraborty <jaydeepchak...@gmail.com>
Date: Sun, Nov 20, 2011 at 1:01 AM
Subject: 19-Nov-2011 -Charges for mutation of flats registered under WB Apartment Ownership Act 1972 for NKDA
To: System.ma...@gmail.com
Cc: CEO NTKDA Mr Gopal Chandra Ghosh <ceo...@gmail.com>, 


Dear Madam,

I have a query and request your inputs at the earliest so that we may discuss with the CEO this week when we meet in person. Please acknowledge receipt of the e-mail and revert at the earliest.

Refer attached Form No. A-42 -- Section 10(4) Mutation of flats registered under WB Apartment Ownership Act 1972 under section 178(2)(IV) of KMC Act 1980  AND  Sl # (c) of citizen_charter_assessment as attached. Mutation of flats registered under WB Apartment Ownership Act 1972 under section 178(2)(IV) of KMC Act 1980

Mutation Charges clearly specified as Rs 100/- and is referred to in the Mutation form

On the contrary,  refer to Form A for Mutation under NTKDA as attached.  There is no whisper of mutation charges for Mutation of flats registered under WB Apartment Ownership Act 1972. The mutation department merely verbally communicated to us that the mutation charges would be 0.5% of the deed value. No written notice has been made available while distributing the mutation form and we are in dark.

I found no information on this matter in the website www.nkdamar.org ? Could you please revert with any such similar publication for NTKDA so that we may understand  what the mutation charges that we will incur ? And unless that is available, we understand that we are NOT liable to pay the charges. 

Just to add, I was apprised by the West Bengal Valuation Board (W.B.V.B.), with office in Mayukh Bhavan, Salt Lake, that as per the West Bengal Municipal Act, the standard mutation charges is Rs 200/- only for any and all municipalities in West Bengal. It is up to the concerned municipality to levy any additional charges( e.g. developmental charges) along with the standard mutation fee of Rs 200/- e.g. KMC the mutation fee is Rs 200/- only and the associated development charges is pegged at ZERO.  I will try collect any publication to this effect, if available with W B V B and shall place to NDKA on receipt, for perusal.

Regards

Jaydeep Chakraborty
09339654540 (M)

Greenwood Sonata, Action Area II D, Newtown Kolkata 700157

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