The Maharashtra Real Estate Regulatory Authority (MahaRERA) has directed developer to give an undertaking that the firm will cover any losses suffered by five home buyers, who got refund orders for delayed possession last month, till the filing of an appeal with the appellate tribunal.
On September 27, 2018, MahaRERA had ordered the developer to refund the investments of five home buyers – Rahul Bhosale, Hitesh Shah, Riyaz Jetham, Alistair Gomes and Sachin Kadam – who had booked flats in Acropolis project in Virar through a subvention scheme in which buyers paid eight per cent of the flat consideration and the banks paid the remaining 92 per cent. The order was to be executed by the developer within 30 days from the date of the order.
The subvention scheme itself is a very big scam, in this scheme the builder gets almost 95% of the loan amount on signing of the agreement without laying a brick, unlike regular home loan where the bank pays to the builder as per progress of the work, the builder lures the home buyers on promise to pay EMI till he hands over the possession, but when builder fails to construct or give possession on time the liabilities comes on the home buyer and the home buyers becomes defaulter and not the builder, in subvention scheme builder charges 10% more then the market value which the buyer realises on the later stage, subvention scheme is design to cheat home buyers.
The developer approached MahaRERA again on October 11 and got a stay on the order till October 24. On October 24, the matter was heard again, and the developer sought extension of stay on the execution of the judgment till the end of 60-day appeal period, citing financial crunch to pay the decretal amount that needs to be paid before the Maharashtra Real Estate Appellate Tribunal.
According to Section 43 of RERA, the appellant has to deposit 50 per cent of the amount with the tribunal before the appeal can be heard.
During the hearing before MahaRERA member Madhav Kulkarni, Sulaiman Bhimani, who appeared for the home buyers, strongly opposed the stay petition arguing that home buyers will suffer monetary losses since they had purchased the flats with bank loans and are paying EMIs. He argued that Rahul Bhosale, who had taken two bank loans, had received a foreclosure letter from the bank stating that if dues are paid before a cut-off date, he will get a concession of Rs seven lakh. He argued that home buyers will suffer immediate losses if the stay is extended.
Kulkarni then directed the developer to file an undertaking to make good any losses suffered by the home buyers till the end of the 60-day appeal period which ends on November 26. The stay was granted after developer complied with the undertaking.
Sulaiman Bhimani Legal Consultant
Expert RERA & Co-operative Scty Matters
Human and Civil Rights Activist
President Citizens Justice Forum
Aarey Milk Colony, spread over 1,259 hectares of land, is an extension of Sanjay Gandhi National Park. In 1949, the land we know as Aarey was given to the Dairy Development Board of Maharashtra to shift the cattle sheds from the city to Aarey. Since then this area has been known as Aarey Milk Colony. Aarey has 27 tribal hamlets; in terms of flora and fauna, it has leopards and numerous species of birds, animals, insects, butterflies, snakes, herbs, shrubs and trees (which number more than 4 Lakh 80 thousand).
In November 2014 , morning walkers, cyclists and other regular visitors to Aarey Milk Colony found notices put up, announcing that 2298 trees in Aarey would be felled for construction of the carshed for Metro3. Citizens came together to protest against this mass felling of trees. Thus was born the Save Aarey Movement.
In December 2014 angry citizens for the first time gathered in Aarey Picnic Point area to protest against this unnecessary destruction of the city's ecology. 1200 + citizens came together again in February 2015, creating a human chain along Marine Drive. Post this event, the Chief Minister of Maharashtra announced appointment of an Expert Committee to explore other options for location of the Metro3 carshed .
The Expert Committee had 6 members; four Bureaucrats and two environmental experts from IIT and NEERI. Both the environmentalists put a dissenting note in the Committee's report, holding that Aarey is an ecologically sensitive area and rich in biodiversity. The proposed carshed location is the floodplain of the Mithi River, and construction in this area can lead to flooding in Andheri. Hence the carshed location should be shifted out of Aarey, they said .The other options for the carshed location suggested by the expert members were Kanjurmarg and Backbay in Colaba.
The Detailed Project Report prepared in 2011 for the Metro 3 Line also mentions three other options (along with the option of 33 ha land in Aarey) for the Metro 3 Carshed location: the ground in Bandra Kurla Complex, 26 Ha of land in Kalina, the Mahalaxmi Race Course. Mumbai Metro Rail Corporation ( MMRCL) always claims that the 33 ha land area in Aarey is the only suitable location for the Metro 3 Carshed.
In 2015 the NGO, Vanashakti, along with citizens, filed a petition in National Green Tribunal (NGT) praying that Aarey be declared a forest and an Eco-Sensitive Zone. NGT on 19th August 2015, ordered status quo in Aarey pending final decision on the case. MMRCL, in August 2017 started dumping debris in the Metro 3 Carshed area in Aarey, along with excavation and mud filling activities in the area. This was in contempt of Court orders and was highlighted at the NGT. On 14th May 2018, NGT again ordered against any dumping of debris, land reclamation and Tree Felling in Aarey pending final decision in the case. But MMRCL continues to violate court orders. They have cordoned off more area in Aarey on the opposite side of the carshed area and have started land reclamation. What initially started as destruction of 33 ha of forest land is now leading to destruction of a much bigger area. Citizens lodged complaints in Aarey Police Station against these violations of court orders. MMRCL has also evicted Adivasis from Prajapur Pada in Aarey to SRA Buildings. This is in violation with Tribal Rights. Adivasis have filed a petition in Mumbai High Court.
On 20th September 2018 Judges from NGT's Principal Bench decided that this matter of declaring Aarey a Forests does not come under NGT's jurisdiction and NGT directed the petitioners to withdraw application and approach the right Authorities. This has happened after 3 and 1/2 years long proceedings in National Green Tribunal.
Through an RTI in 2017, Vanashakti found a letter written by the Divisional Manager of Sanjay Gandhi National Park( SGNP). This letter indicates that Aarey Milk Colony was of a much larger area earlier, and that 2076 ha of land from Aarey Milk Colony was Transferred to SGNP in 1969. But the forest department claims that they do not have any land records related to Aarey Milk Colony.
The forest department, in 2015, had submitted a draft proposal to the Ministry of Environment and Forest (MOEF) to declare Aarey Milk Colony as an Eco Sensitive Zone. MMRCL moved an application with the MOEF and got 165 ha of land (1.65 sq km) from Aarey denotified from the Eco Sensitive Zone. The MOEF denotified an area of 1.65 sq km from the ESZ in December 2016. This decision has been challenged by Vanashakti in NGT through a different petition.
Already, a large part of Aarey Forest has been lost to different projects and construction activities. Citizens fear that with the entry of the Metro 3 carshed, better described as a railway service centre, the rest of this forest, spreading over 1259 ha, will be lost to construction activities for ever.
Mumbai City is already sinking because of the destruction of its water bodies, wetlands and mangroves. Loss of Forest area and destruction of the floodplain of the Mithi River in Aarey will lead to further destruction of the city and flooding in more new areas in Mumbai. Lakes , supplying drinking water to Mumbai are also located in Forest Areas. Vihar lake on the border of SGNP and Aarey.
The air quality of Mumbai will be seriously hit if 4000 full grown trees are removed from its last remaining green space,the Aarey forests. .
A Movement that started with the news of felling of 2298 trees has brought out more shocking details. MMRCL floated a tender document for felling of 3384 trees in Aarey Milk Colony in 2017. And number of trees that are in line for sacrifice is still increasing. Tribals have lost their homes and livelihood. Floodplain of Mithi River has been damaged and this city will finally lose 1.65 sq km of forest areas to construction activities if this Carshed is not shifted out of Aarey. Facts finding team of Citizens have also found letters that speak about Government granting 3 FSI on 33 ha (82.5 acres) of Aarey land. A design layout prepared by MMRCL for the Carshed area also has marked an area on 33 ha land for realestate prooject.
Citizens of Mumbai needs to decide what is more important for them. A peaceful and happy life in a place requires, Fresh Air, Good supply of Drinking water , accessible open spaces and flood free roads .
In a Costal city like Mumbai, when the entire world is suffering from the consequences of Global Warming a place like Aarey becomes extremely crucial for survival of the city.
I am inviting letters from people who understand the need for women's rights in today's India to India at large. Open letters. On the subject of women's rights. Woman to man. Man to man. Woman to man. Man to woman. Explain to India why we need a gender revolution.
These letters can be in any language, though a translation or at least brief description in English will help me.
While many have been getting vocal on the need for rights these days, most of it is about protesting atrocity, with little perception as being relevant to daily life. I think there is a possibility for the dialogue to dig in deeper. For deeper understandings that can sustain the visible attitudes to emerge and be available for all.
The format is a letter for three reasons. The first being the obvious. It is far easier to write a letter or email than an article for most people. The second reason is that it then becomes a direct one on one conversation addressed to the people it is intended for, rather than words spoken to the world at large. The third is perhaps the most important. I intend to compile a free ebook of these letters that can be downloaded and used or perhaps printed and sold to fund further initiatives (haven't thought that clearly). In any case, the content will be available free for use always.
Then, we can encourage people to use these letters to read out in gatherings. Rural, urban, training programme content, political speeches, village fair shows, whatever. Find a letter that resonates with what you think, and read it out. This will allow the ideas to spread further, trigger conversations. And because the format is a letter, reading it to a gathering will sound like a direct conversation with the audience too!
Your ideas are welcome in the comments. If you feel strongly about gender equality, about the need to stop the subjugation of women, the country needs you to speak up! Write a letter to people at large. Spread the word, read other letters (which will get posted as guest posts here) comment, engage in dialogue, question. Let us keep the conversations alive and growing.
Note: If there is a specific group of people you are addressing the letter to, feel free to clarify it in the title. It does not have to be general always. For example, "An open letter to the college boys of India" or "An open letter to the Khap Panchayat, or traditional village elders" "An open letter to the women with a voice" is also fine.
Let us bring in the change. Let us be the change we want to see.
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