Kalyan based real estate developer moved to Bombay HC

A one of the Top most Real Estate Developer from Kalyan, Mumbai where construction is on its boom in recent years, has moved to Bombay High Court to get the permission to continue with few of the new residential and commercial projects . In present, Bombay HC has put the stay on all the new construction in Kalyan area.

On April 13, 2015 the Bombay HC had put the stay on new construction permission, until local Municipal Corporation clears the issue of solid waste management which is pending from very long time. On the hearing of PIL, which were filled by KD Gokhale and few others in Bombay HC in the year 2009, to highlight the plan to setup a solid waste management treatment plan for 15 years. In the process of hearing, a bench of Justice V L Achliya and Justice N H Patil ordered the MPCB (Maharashtra Pollution Control Board) to bring the civic officials to book and get the KDMC (Kalyan Dombivli Muncipal Corportaion) and MMRDA on one platform to resolve the issue of solid waste management.

However; the Tycoons Avanti Projects LLP, and its partner Shrikant D Shitole, sought to intervene the whole hearing procedure in the PIL which was scheduled on Tuesday. S D Shitole, who is the real estate developer in the fastest growing Kalyan region from last 14 years, pointed out that Bombay HC is in effect by putting the whole development process and end users in the limbo without any fault. The plea is all about to direct the KMDC to consider his application which was submitted on the date October 2104 on merits and issue of commencement of certification.

A projects at Godrej Hill is about to complete, the his plea added that one more redevelopment agreement with Chikanghar Shantidhoot Co orerative Society for the low and middle class income group is ready to pay the stamp duty of Rs. 1.6 crore and it is pending while it is situated just opposite to Birla College where more than 180 tenants had been shifted in last two years of duration. Whereas; for another project Shitole stated that he paid more than Rs. 33.44 crore FSI as premium to MHADA in the month of November 2014. Bombay HC, stated that “Urbanization calls for a planned approach”.

According to recent data of real estate sector it’s clear that KDMC is an upcoming urban area in Mumbai. If corporation will continue to sanction the construction projects in the area without any impact assessments surveys, so it would be the additional burden on current infrastructure which is well develop and suitable for current situation, the bench of Justice said. However; the garbage waste is bound to increase as per the increase in the projects of construction. And it’s the duty of municipal authorities to make and change the necessary changes in infrastructure to get all the desired civic amenities which is available for their citizens. There should be an action plan chalked out by the authorities of corporation as we have noticed that issue has not been taken seriously by appreciate authorities and it shows that how a grim situation has emerged today.

Train in return for compensation of land

Two farmers of Una district, which is in Himachal Pradesh, may become the owner of Delhi – Una Janshatabdi Express, if court order will be executed on April 16, 2015.

Additional district and sessions judge Mukesh Bansal, associated with court of Una ordered on April 9 to attach the Delhi – Una Janshatabdi, if railway is not able to pay the compensation for two different farmers, as there land was acquired for new railway track which is also known as; Una – Amb track in the year 1998. Finally court orders that if railways failed to pay Rs 35 lakh to Madan Lal and Mela Ram by April 15, so train will be stopped at Una on the date April 16 at 5 am and attached by the court. However Lal is entitled for Rs 26.53 lakh and Ram is entitled for Rs 8.91 lakh and after not receiving the money Lal and Ram moved to court against the delay in compensation and after that Himachal Pradesh HC directed to railways in 2013 to pay the money within next six weeks.

As per the statement of Advocate Arun Kumar Saini, who represented the side of farmers, Railways had acquired the land in year 1998, and due to late in compensation two farmers filed a case for higher compensation. The court had given the time of three months to railways for filing an appeal against the compensation and verdict. In the response railways moved the HC in 2013 and HC stayed the order with response to increase the compensation and deposited in the court within next six weeks. But still railways haven’t deposited the current amount.

High Court had also made it clear that after six weeks, parties will be free to execute the order, however later the farmers moved the lower court and after hearing the plea in lower court on April 9, Additional district and sessions judge Mukesh Bansal ordered to attach the Janshatabadi train. We would submit the list of four trains, Janshatabdi and Himachal Express and court moved with decision to attach the Janshatabdi.