NOIDA EXTENSION JUDGEMENT ORDER
roopinder singh
Its a voluminous order, so will have to take out time and dig out what is relevant to our individual projects.
Regards.
ROOPINDER SINGH
New Delhi
roopinder singh
Goddess Laxmi has knocked at our doors at very auspicious time before the festival of lights by way of right judgment of Noida Extension. Things shall now prevail well for good of all.
Let this light spread calm all over and most important in the hearts of people so as to leave darkness symbols such as hatred, injustice, fights, etc.
Ajay Kumar
Sent from my BlackBerry® on Reliance Mobile, India's No. 1 Network. Go for it!
roopinder singh
Buyers fear deadlock on issue till March
Dec 30, 2011, 05.02AM IST
NOIDA: Almost 50 days have
passed since the Uttar Pradesh NCR planning cell held a meeting to clear all
doubts pertaining to the Greater
Noida Master Plan 2021 and subsequently forwarded the same to the NCR Planning
Board for approval. However, as there is no word yet from the NCRPB, the
buyers of Noida Extension fear that with the poll dates announced and the model
code of conduct in place, the issue is set for eternal delay.
"The Authority has appeared non-committal towards resolving the Noida
Extension row from the beginning and the code of conduct provides them a
readymade excuse to not do anything towards expediting the issue, at least till
March next year," said Devender Kumar of Noida Extension Flat Owners and
Members Association. Having already announced that the buyers will get together
and "pressurize party candidates to solve their problems", the buyers
are now seeking permission to demonstrate at the NCRPB office in
Delhi. "Buyers will support only those candidates who will help expedite
the Greater Noida Master Plan approval process," said Abhishek Kumar,
another buyer.
While it is common knowledge that the land acquisition issue will reign supreme
in the three assembly seats of Noida, Dadri and Jevar as the district goes to
polls on February 28, the authorities, however, have denied that the code of
conduct will have any direct impact on Noida Extension or the farmers.
"The Allahabad High Court order states that work in Noida Extension cannot
resume till the NCRPB approves the Master Plan. The Authority's hands, thus, remain
tied," said a Greater Noida Authority official. "The NCRPB is not
time-bound to clear the plan and its decision has no impact on the code of
conduct and vice versa. A review petition seeking the HC's nod to resume
construction activity in Noida Extension is pending in the court," he
added.
"Everyone is making a big deal about the farmers' protest but the ground
reality is that the general public, including the farmers of Noida and Greater
Noida know that they have the BSP's support. There is not much that can be done
for the next three months now. However, once the elections are over, farmers
will not have any objections," said Satbir Gujjar, BSP MLA.
The Authorities also claim to be disbursing enhanced compensation cheques and
developed plots to farmers in Noida and Greater Noida. "We are disbursing
cheques and giving developed plots to farmers in a phased manner in accordance
with the court order. With the code of conduct in place, we can no more make
that information public through advertisements or divulge the details to the
media," said D K Singh, DCEO Noida Authority.
However, the model code of conduct has also made the farmers of Noida, who have
been constantly protesting demanding better compensation deals, jittery.
"The Authority has only paid lip service to our demands. In our last
meeting on December 16, it has sought time till January 31 for considering our
demands for more compensation and developed plots, but the code of conduct gives
them an excuse to quit the issue. We fear that once the UP Assembly is
dissolved, we will have to wait till the next government takes charge in
Lucknow," said farmer leader Naresh Yadav.
The opposition parties, meanwhile, are going all out to cash in on the ongoing
crisis, using the same for electoral success. "We have assured farmers and
the buyers of Noida Extension of our support. If we come to power, there will
be policy level changes to resolve the ongoing land row and we can assure that
no framer will have any reason to complaint," said Sunil Choudhary, SP
candidate from Noida.
roopinder singh
GOVERNMENT OF INDIA
MINISTRY OF URBAN DEVELOPMENT
RAJYA SABHA
UNSTARRED QUESTION NO-3250
ANSWERED ON-21.12.2011
Clearing Master Plan of Greater Noida by NCR Planning Board
3250 . SHRI MANGALA KISAN
(a) the details of steps taken by the NCR Planning Board to invite
objections from all stake holders before clearing the Master Plan of
Greater Noida (Noida extension);
(b) the steps being taken to ensure that violations in the Master Plan are
not done by the Greater Noida Authority by increasing the Floor Area Ratio
(FAR) arbitrarily;
(c) the details of steps taken to ensure that proper demarcation of areas
is done in a manner that the interest of the flat buyers are protected; and
(d) by when the Master Plan as sent by the Uttar Pradesh Government would
be approved?
ANSWER
THE MINISTER OF STATE IN THE MINISTRY OF URBAN DEVELOPMENT
(SHRI SAUGATA ROY)
a) to (c): NCR Planning Board (NCRPB) is a Planning Body for preparation of
Regional Plan for the National Capital Region. As per Section 19 of the NCR
Planning Board Act, 1985, the NCR participating States are required to
prepare Sub-Regional Plans for their respective Sub-regions.
The Master Plans of towns are prepared and finalized after inviting public
objections by the State Governments/Authorities as per the prevailing Acts
in the States.
The Greater Noida Authority is an Authority under the administrative
control of Government of Uttar Pradesh which deals with the planning,
development and implementation of Master Plan including land acquisition,
development and disposal to the beneficiaries. It is for the Government of
Uttar Pradesh to ensure that there is no violation in the Master Plan of
Greater Noida.
(d): NCRPB has informed that the Industries Department, Government of Uttar
Pradesh submitted the Master Plan of Greater Noida-2021 to NCRPB to provide
NOC/express satisfaction with regard to conformity with Greater Noida
Master Plan-2021 with Regional Plan-2021 in compliance with the Hon’ble
Allahabad High Court order dated 21.10.2011. Since, it was not examined by
Department of Housing & Urban Planning Development, Government of Uttar
Pradesh which is the Nodal Department of NCR matters, Government of Uttar
Pradesh was requested by NCRPB to examine the Master Plan and submit the
same with their recommendation. Therefore, the Master Plan has not yet been
received in the Board duly approved by the Competent Authority in
Government of Uttar Pradesh.
Regards.
roopinder singh
Greetings everyone!
By the time of writing this, we all are aware that SP has achieved
absolute majority. What does it mean for all of us.
Let us try to rationalise the change and see if we indeed should
loose our sleep or not.
1) Congress did not get much support inspite of creating the biggest
ruckus about the farmers. This means that the issue wasn't that big a
game changer as Congress made it out to be.
2) SP came in power coz' of the anti incumbency against BSP across UP
and not on any farmer agenda which wud have benfitted congress. It was
more a vedict against Mayawati's autocratic ways, though she has lost
only 4% of votes (but since turnout was high, it meant large numbers
against her).
3) Dadri region of UP will definitely benefit, as Rel Power's power
project would garner steam.
4) Akhilesh Yadav would need a war chest of money for future. With
Land being locked in & expensive, he practically and as everyone is
saying would not kill a cash cow...which is Yamuna Area. The Yamuna
Area has already been acquired, so less hassle in minting money from
it.
6) Circle rate as i had written earlier is going to rise in april.
7) SP, as is evident from their earlier stints is a pro money party.
The experience of being out of power should be a deterrent from them
to be high handed.
Overall, it seems that there is no arguement supporting panic except
for the fact that SP has absolute majority and they would derail BSP's
programs. But the big question is would they focus in doing that or
rather focus on strengthing their base by being populist and bringing
in some initial develoment.
So, my view is 'DO NOT PANIC' or let any opportunistic broker tell you
to sell cheap. Remember govt or times change..if good doesn't last,
bad would also not last.
Let GOD be on our side.
Cheers.
roopinder singh
Wish you all a very Happy and Prosperous Holi.
Regards.
roopinder singh
As per cabinet minister Kamlanath the master plan approval from NCRPB will come within one month.
Today's meeting all things discussed with UP Minister Akhilesh Mishar and Mr Mishra said they will work on all comments/improvements in within a month as directed in todays meeting.
Congrates to All NE buyers.Pray for all the problems being solved.
roopinder singh
roopinder singh
As per the Finance Act, 2012 a new section 54GB has been added in the Income Tax Act which provides relief from re-investment of sale consideration in the equity of a new start-up SME company in the manufacturing sector which is utilized by the company for the purchase of new plant and machinery. Some of the important conditions to avail this benefit are as under:-
i) The amount of net consideration is used by the individual or HUF before the due date of furnishing of return of income under sub-section (1) of section 139, for subscription in equity shares in the SME company in which he holds more than 50% share capital or more than 50% voting rights.
ii) The amount of subscription as share capital is to be utilized by the SME company for the purchase of new plant and machinery within a period of one year from the date of subscription in the equity shares.
iii) If the amount of net consideration subscribed as equity shares in the SME company is not utilized by the SME Company for the purchase of plant and machinery before the due date of filing of return by the individual or HUF, the unutilized amount shall be deposited under a deposit scheme to be prescribed in this behalf.
iv) Suitable safeguards so as to restrict the transfer of the shares of the company, and of the plant and machinery for a period of 5 years are proposed to be provided to prevent diversion of these funds. Further, capital gains would be subject to taxation in case any of the conditions are violated.
v) The relief would be available in case of any transfer of residential property made on or before 31st March, 2017.
The above mentioned tax benefit is applicable only in respect of long-term Capital Gains arising on sale of a residential property, namely a house or a plot of land.
Taxation of unexplained investments
In case unexplained investment in house property is made on or after 1st April 2012, then as per the new provision contained in section 115BBE income-tax will be chargeable at the rate of 30%. All tax payers are therefore advised to carefully enter into property transactions in particular and not to make any unexplained investment in the Real Estate Sector, otherwise there will be heavy dose of income-tax.
Tax Deducted at Source on transfer of certain immovable property
As per the Finance Act, 2012 it is provided that every transferee at the time of making payment or crediting any sum by way of consideration of immovable property (other than agricultural land), shall deduct tax at the rate of 1% of such sum if the consideration paid or payable for the transfer of such property exceeds:-
(a) 50 lakh rupees in case such property is situated in the specified urban agglomeration or
(b) 20 lakh rupees in case such property is situated in any other area.
The specified area for which the limit of Rs. 50 lakh and above is applicable will mean the following areas :-
(i) Greater Mumbai urban agglomeration
(ii) Delhi urban agglomeration
(iii) Kolkata urban agglomeration
(iv) Chennai urban agglomeration
(v) Hyderabad urban agglomeration
(vi) Bangaluru urban agglomeration
(vii) Ahmedabad urban agglomeration
(viii) District of Faridabad
(ix) District of Gurgaon
(x) District of Gautam Budh Nagar
(xi) District of Ghaziabad
(xii) District of Gandhinagar
(xiii) City of Secunderabad
Thus, other than the above areas the new provision relating to tax deduction at source will be where the property value exceeds Rs 20 lakh. It is also provided that where the consideration paid or payable for the transfer of such property is less than the value adopted or assessed or assessable by any authority of a State Government for the purpose of payment of stamp duty, the value so adopted or assessed or assessable shall be deemed as consideration paid or payable for the transfer of such immovable property.
roopinder singh
Main documents required to sell a property
If you are planning to sell a property, the documents are very important. They will probably be first scrutinised by the prospective buyer before even looking at the property. The buyer will insist on checking the original documents before finalising the deal.
These are the documents you need to have in order:
Letter of allotment
The letter that confers allotment of the property to you from the relevant society or authority is a primary document you need to have in order.
Sale deed
The original conveyance or sale deed from the previous owners of the property is needed. If you have lodged the original deed for registration with the registrar, you need to provide a copy of the conveyance deed or sale deed along with a photocopy of the receipt from the subregistrar where the documents have been lodged for registration.
This traces the ownership of the property. Missing documents in this chain can raise a red flag. A property with clear documentation and title commands a higher price in the market. The chain of previous agreements with past owners in original with original receipts of registration or the original letter of allotment issued to the first owner by the development authority is important.Sanctioned plan
A copy of the approved building plan and occupation certificate issued by the competent authority is another relevant document.
Society documents
Permission to transfer the property has to be obtained from a competent authority -development authority or society – signifying your ownership. Original stamped receipts of payments made by the previous and present sellers to the builder or the development authority has to be made available.
A copy of the share certificate issued by the society in your favour indicating your membership in the society is a relevant document. A NOC from the CHS certifying that the society has no objection to transferring the share certificate in favour of the potential purchaser is needed if applicable. You also need to produce a certificate from the society certifying that you have no outstanding payments to the society. The society’s membership transfer form for transfer of ownership needs to be filled and signed.
Encumbrance certificate
The encumbrance certificate is used in property transactions as an evidence of free title. When buying an apartment, land or house, it is important to confirm that the land or property does not have any legal dues. A prospective home buyer must ensure that the property he intends to purchase has a clear and marketable title.
Sale agreement
Once the documentation is cleared, the parties can then enter into an agreement to sell and confirm the terms and conditions. After this, they can start preparing the sale deed. Agreement to sell precedes execution of a sale deed. The subsequent sale deed is based on the agreement to sell. This agreement is also signed and executed by the seller and buyer on a non-judicial stamp paper. As such, it has legal value and can be produced as evidence.
An agreement to sell is a base document on which the sale deed is drafted. Every document of transfer of property by sale is preceded by an agreement to sell. It spells out in clear-cut terms the conditions under which the seller is intending to sell the property and the terms and conditions under which the buyer is intending to purchase it.
Regards.
roopinder singh
| May 4, 2012
GREATER NOIDA: In what seems like a major step to lift the impasse of Noida Extension housing projects, the new Samajwadi Party government has incorporated the suggestions of the NCR Planning Board in the Greater Noida Master Plan 2021. The government and the Greater Noida Authority sent the improvised Master Plan to the planning board on Monday.
According to senior state government officials, the main suggestion of NCRPB pertained to the available land and projected population in the coming years. The new government has, hence, made the changes accordingly. Considering that incorporating the suggestions and getting them approved was a pre-condition for construction work to resume in Noida Extension, the government is confident to reach a final solution at this month’s meeting of the planning cell.
“The main problem was that the earlier government was not ready to make these changes. However, we have now studied the Master Plan in detail and incorporated the suggestions. We are hopeful that in the next meeting of the planning cell, to be held sometime in mid-May, this plan should be given the final approval,” said AK Gupta, Industrial Development Commissioner, UP. “Last time we had assured the planning board that we intended to cooperate and had requested them to allow us to present the improvised Master Plan to the planning cell headed by chief secretary NCRPB instead of taking it before the board to save time. They agreed to this and we are hoping that in the meeting this month we will get good news,” Gupta added.
Due to non-clearance of Greater Noida’s Master Plan by the NCRPB, development work in the Noida Extension area has remained stuck for over six months now. The Allahabad high court had last year ruled that construction would not begin till the board approved of the Master Plan.
The planning board had mainly objected to the plan pointing out that Greater Noida currently has a population of 1 lakh, but land is being acquired for a highly inflated projected population of 29 lakh. However, as per the planning board’s regional plan-2021, a population of 7 lakh by 2011 and 12 lakh by 2021 was projected in Greater Noida. In fact, the Census 2011 figures show that the population in Greater Noida has increased by just a lakh in the last 15 years indicating a slow rate of growth of population. The board had, hence, refused to accept that the population could grow to 29 lakh and rejected the previous UP government’s attempt to acquire land at an alarming rate.
Meanwhile, the plight of middle-income homebuyers of Noida Extension has reached the highest portals of the country with the BJP raising the controversial issue in the Rajya Sabha. BJP leader, Mukhtar Abbas Naqvi, raised the issue during the ‘zero hour’ in the Upper House on Thursday following reports that homebuyers would be staging a dharna at Jantar Mantar over the non-resumption of construction on hundreds of residential projects in the area.
roopinder singh
Fight for your right
Under what circumstances can you file a complaint against builder/developer with the consumer court?
First of all a buyer should let the builder know about the grievance and send a notice to him in writing. It should be sent by registered post or Under Postal Certificate.
In case the builder refuses to accept the notice, retain the proof of the notice i.e. a copy of the notice. The evidence of sending the notice is legitimate in the Consumer Court under Section 28A (3) of the Consumer Protection (Amendment) Act of 2002 and will be affirmed as the notice has been suitably served.
Any person can file a complaint against the builder, developer, housing with the consumer court under the following circumstances:
n Delivered a house that does not comply with the specifications agreed upon.
n Did not provide for free parking space within the compound / complex.
n Charged higher than agreed amount.
n Did not form co-operative housing society and handed it over to its members.
n Did not provide for water storage tank.
n Did not give a receipt against the paid amount.
n Did not provide for enough ventilation and light.
n Delivered a poor quality construction.
n Did not deliver the house within the agreed time limit. If time limit not mentioned, it is assumed that the construction will be finished within maximum of two years from the date of start of work.
n Did not give accounts for the expenses against which the builder has collected money, i.e. maintenance, electrical installations (transformer), etc.
roopinder singh
Regards.
roopinder singh
Nothing shall be possible till the President election. The President shall be elected by mid July and UP govt. will
take any action after election. Till the time Board meeting of GNDA is fixed for 22nd june and as per
news farmers are also interested in favour of approval of the master plan. The supreme count hearing shall start after Aug 13.
Lets all hope for the best!!!!