Fwd: newspapers Cuttings and link

[Ramesh Prabhu]

Dear All,

Please find attached the news paper clippings of Deemed Conveyance Rally held on 28th June, 2015 at Dombivali from 10am to 1pm.

Nearly 200 societies participated in the protest rally. The main issues are:

(1) For the last 5 years only 5% of the societies across Maharashtra could get the deemed conveyance order as against nearly 70000 cooperative societies waiting to get the order.  

(2) There are four windows created as against the single window clearence. Each department demanding the documents which are some time not available with the society or the Local Authority or not handed over by the builder. 

(3) Stamp duty department is not accepting the stamp duty on deemed conveyance order without producing the Occupation Certificate. The kalyan Dombivali Municipal Corportion states in writing that they do not have required building approval files, so the copies of OC cannot be given. This has created catch 22 situations. More than 400 societies whom conveyance order is issued by the Cooperative deparment is being held for ransom (Taken for a ride), stating that deemed conveyance deed stamp duty will not be collected without producing OC.   This has resulted into further hurdle as the Cooperative Department is also started insisting of OC. 

(4) Penalty of 400% is being charged on defaulted stamp duty with effect from 24.4.2015 as against earlier penalty of 200%  on defaulted stamp duty.

(5) Many societies have filed the cases in consumer court, city civil court prior to the amendment in Maharashtra Ownership flats act, 1963 which was done in 2010 to empower the District deputy registrar to grant the conveyance where the builder and land owners have failed to convey within 4 months of registration of the society. Now the department officials have become more powerful and citing the reasons beyond the provisions of law and depriving the legitimate societies its conveyance. 

(6) If there are land which are affected by ULC provisions or collector land, lease land, SRA societies, CIDCO Socieites etc are further denied conveyance. 

The demand made by MSWA through representation did not yield the result forced the residents to come on the street with following demands

(1) Initiate one window clearance by bring all the three departments i.e cooperative, stamp duty and Revenue(City Survey office) together to conduct the hearing and grant the conveyance instead of holding hearings separately and creating hurdles at each stage. 

The law is to convey the land and building to the society and not to deprive. Understand the issues and find out the solutions to grant the conveyance to the societies. 

(2) Where the cases are pending in other courts, conveyance be granted instead of demanding the withdrawal of the cases in those courts as once the conveyance is granted it becomes infactous and the case automatically losses its value.

(3) Not to insist on OC or various missing documents with minimum documents like property tax bill, society registration certificate, land documents like 7/12 extract or property card, agreement with the flat purchasers, the conveyance has to be granted. 

(4) ULC non compliance, collector land, lease land , CIDCO, SRA societies also need to be given similar conveyance

(5) Stamp duty pending from certain flat owners be collected by the enforce department separately without making the society liable to pay the same.

The rally at Dombivali was addressed and supported by Shri. Ravindra Chavan, MLA of Kalyan Dombivali constitutency. Further Mr. Gharat , MNS Corporator.

CA. Ramesh Prabhu, Chairman of Maharashtra Societies Welfare Association, who was a part of deemed conveyance Rule making committee who lead the rally said unless the Rules are simplified and relaxed, the agitation throughout Maharashtra will continue and if reuquired shall go to the High Court also. 

With Best Regards

 

CA. Ramesh S. Prabhu

Chairman, Maharashtra Societies Welfare Association

A2-302, Laram Center, S.V. Road, Opp: Railway Station

Andheri(W), Mumbai- 400 058

Tel: 9820106766/ 022- 42551414

--

With Best Regards

 

CA. Ramesh S. Prabhu

Chairman, Maharashtra Societies Welfare Association

A2-302, Laram Center, S.V. Road, Opp: Railway Station

Andheri(W), Mumbai- 400 058

Tel: 9820106766/ 022- 42551414