“The trouble when you're doing something illegal is that you know what you're doing. You're lying to your parents; you're lying to your kids. The only person you can't lie to is yourself”… Tommy Chong.
Thomas B. Kin Chong is a Canadian-American
comedian, actor, writer, director, activist, and musician; they should have
added thinker also as his above quotes says it! Well, when the topic is illegal
the real estate is the first thing which comes to the minds of most, especially
common man & media! And if you are regular follower of news paper then
every next week you will be entertained with this subject i.e. illegal
construction! This reminds me relation of famous Raja Vikramaditya & Vetal
in stories which entertained us in childhood. There was a condition put by
Vetal that whenever Vikram will speak after the story then the Vetal will flee
away from his shoulders but if Vikram doesn’t speak then there was a curse that
his head will get broke in hundred pieces, so at the end of the story told by Vetal,
Vikram has to speak to reply Vetal’s question & with that famous laugh
Vetal used to flee & again we used to get ready for next story of Vikram
& Vetal! Same is here with real estate, illegal construction & our Mai
Baap Govt as every day we see same story repeating with all characters in position!
Now don’t ask who is Vikram & who is Vetal here as that doesn’t matter, the
role keeps on changing but the story of illegal construction continues from one
page to another is the fact!
On this background last time’s victim of the story was Hon.
Shrikar Pardeshi who was then PCMC’s Commissioner & with different govt in power. But as I
said actors keep on changing in our illegal story but characters are same. As
the present govt also is hell bent to give life to all so called illegal
construction & it need scapegoat to sacrifice, so this time it’s Mr.
Tukaram Mundhe, New Mumbai Commissioner who is supposedly under the guillotine. Unfortunate part is only the people who
are honest with their duty are the one who wants illegal constructions to be
demolished as every other entity which is associated with illegal constructions
wants it to protect them as then all are in win-win situation! First
let’s see why everybody is happy with illegal construction as by now even a
school going kid in the State knows what is illegal construction but our dear
govt isn’t clear what is legal & what is illegal when its real estate!
There also govt has come up with a sugar coated terminology i.e. illegal constructions
that can be regularized & then some which can’t be regularized! Wow, I
am amazed, as who is the authority to decide which constructions can be
regularized & which can’t; this again the Mai Baap govt only to decide! But
in this country there live some nasty people who can’t digest happiness of the
people living in these so called illegal buildings nor revenue the govt is
getting, profit the illegal construction companies, happy voters the
politicians getting & it’s such people who file complaints in the courts
which also shows no sympathy for any of above entities & asks govt to
demolish these buildings ruthlessly! Now which govt (means some political party) can afford to make
their voters homeless & make their financers sustain so huge losses by
demolishing these thousand of buildings which are on prime lands in Metros like
Pimpri Chinchwad, New Mumbai, Thane & many such!
Now please don’t ask the foolish question who allowed to build
these illegal construction, what was govt agencies which are supposed to check
them were doing while these buildings were being built over a period of time. Even
don’t ask why the residents of these buildings booked their flats in such
buildings which has no proper sanctions as reason is obvious these poor people
desperately needed a home which wasn’t possible with the high rates in so
called legal buildings so the settled for something which is way cheaper than
sanctioned buildings & they have been assured by their builders as well
local leaders whom they have voted that it will be regularized in due course so
they were convinced that they are not doing anything wrong. And
yes even don’t ask how these flat buyers in so called illegal buildings got
home finance in such buildings as in this country everything is possible, isn’t
it? As the way these illegal buildings got electric supply, water supply, drainage
connections or telephone lines, same way they got home finance too! In some cases even the civic body has
started collection property taxes also from the residents of such buildings, so
what even if there is violation of FSI norms in the construction or the said
building has been build on some reservation land! Up to until the needy poor
people of society are getting homes, leaders are having happy voters & govt
along with builders are getting revenue all is well. All this goy disturbed by
some fools Public Interest Litigation filed against illegal constructions
& sad part the Hon Court has not only upheld this petition but every day
passing some awkward order against the govt to demolish all such buildings.
You will wonder how a builder is saying all this but like the
govt itself has defined two categories of illegality there are two types are
builders too. One are fools like me who waits till they get every sanction,
pays all dues to such extent that even if the PMC/PCMC has made any mistake on
their own while calculating any premium then we pay interest on that amount
also as the said body realizes their mistake while giving occupations
certificate & charges me interest on this difference amount & I too pay
it smilingly as I am a law abiding builder. And then there is another category of
builders which are smart & who doesn’t waits to obtain any sanction neither
requires any zoning or road widening or structural stability certificate but
directly starts building their building & finishes in fastest way &
makes their clients happy by giving possession! May be it’s these builders
& their buildings which later are tagged as illegal by some nasty citizens
& which is upheld by the courts, what a shame! I really wonder why we need a court
to give order to demolish illegal construction as the very same system which
makes every effort to save this illegality but when it’s some white collared
common man’s single storied bungalow, the system is eager to serve him fine or
stop work even if by mistake his sand for the construction flows on adjoining
footpath!
And on this background & that is illegal construction by the
sanctioning body itself! Many might have been following a news series about a
PIL filed by Baner (a happening & smart western suburb of PMC i.e. Pune)
citizen. It’s says PMC is not in capacity to provide even basic infrastructure
like water or drainage to many of new buildings which has come up in recent
past in Baner & same is situation in many newly merged suburbs of Pune as
well PCMC. Now the court is saying why they should not ban PMC to sanction new proposals
in these areas if it is unable to provide infrastructure to the residents? On
this, I have a doubt; if a developer doesn’t give any basic living
infrastructure to any building then it is illegal. So what we should call such
buildings where govt agencies themselves given sanctions, collected premiums
from developers as well property tax from the residents but points finger to
developers itself for providing these amenities? Isn’t this is more than just
illegality rather if any developer commits something to the customers &
doesn’t give it the under RERA he will be imprisoned, so what we should do to such
sanctioning authorities?
Not only such behavior makes common man to go to court for
justice but all such publicity gives very negating image in the minds of common
home buyer as he is confused whether his money will be safe if he buys a home
in any new project as the legality itself is in doubt! Here I am sharing one
classic example of my own where my customer has mailed us about future of our
project around Baner area, it will clearly indicate the impact of
miscommunication or mismanagement amongst our so called smart city’s
managers!...
“Sir,
What should be our reply on today's news.
Client has booked in sangam II & will be proceeding for agreement in this week.
Pallavi
-----Original Message-----
From: Sachin Wad [mailto:wad_sachin@yahoo.com]
Sent: Monday, March 27, 2017 11:27 AM
To: Sales
Subject: Today's news in Sakal
Hello Pallavi Madam,
I am a bit worried after reading this news in Sakal paper today. The court has questioned municipality for sanctioning schemes in Baner and Sus where basic infrastructure facilities (water line, roads, drainage line etc) are not yet setup or provided by Municipality. The news is on 1st and 10th page.
Will you please kindly help me understand its probable impact on the scheme and our investment?
Many Thanks
Sachin Wad
What should be our reply on today's news.
Client has booked in sangam II & will be proceeding for agreement in this week.
Pallavi
-----Original Message-----
From: Sachin Wad [mailto:wad_sachin@yahoo.com]
Sent: Monday, March 27, 2017 11:27 AM
To: Sales
Subject: Today's news in Sakal
Hello Pallavi Madam,
I am a bit worried after reading this news in Sakal paper today. The court has questioned municipality for sanctioning schemes in Baner and Sus where basic infrastructure facilities (water line, roads, drainage line etc) are not yet setup or provided by Municipality. The news is on 1st and 10th page.
Will you please kindly help me understand its probable impact on the scheme and our investment?
Many Thanks
Sachin Wad
dear sachin,
Regarding your mail about news in media regarding a case between
PMC & Amol Balwadkar (who has filed PIL) for water supply as well basic
civic amenities & stand of high court, here is something....
I can understand your anxiety about such news but the case
is between residents of completed projects in PMC limit & PMC as PMC
charges heavy premiums to the developers along with development charges which
are collected under the name of infrastructure & on top of it property tax
which the residents has to pay & it comes nearly 1500/- per month for a 2
bhk flat & against all these charges PMC is supposed to provide basic
facilities like water, drainage & roads to the residents which comes under
PMC jurisdiction. And at present PMC isn’t providing any such facility in many
areas especially some parts of baner balewadi area so the residents has gone to
court.
At Sangam, we doesn’t come under PMC & we don’t have
to pay any premium neither any such heavy property tax is applicable & that’s
why above news is not applicable to Sangam or any location out of PMC
area! We are governed by PMRDA i.e. pune metropolitan regional
development authority & our plans are also sanctioned by them only. Above
case is filed against PMC & it’s only for the projects which PMC sanctions
rather I am already writing an article about this, will share the same with you
after its complete. So you be relaxed for legality of Sangam as not only our
proposal has been sanctioned but we have received occupation certificate. Even
in the news Hon High Court has commented on new projects in PMC limit & not
about any existing projects so you are safe as well those who even are booking
their home in completed projects in PMC area too!
Hope that clears your quarry! Plz feel free for any
clarification via call or email.
Regard
Sanjay
Thank you Sir,
I appreciate a detailed clarification and it does answer my query. The news did not categorically talk about who exactly is impacted and in which manner. Usually Hon High Court decisions are considered as exemplary which may extend to other cases as well and hence was little worried earlier. But now it is clear and I am good.
Many Thanks!
I appreciate a detailed clarification and it does answer my query. The news did not categorically talk about who exactly is impacted and in which manner. Usually Hon High Court decisions are considered as exemplary which may extend to other cases as well and hence was little worried earlier. But now it is clear and I am good.
Many Thanks!
Sachin Wad’’
I think entire above conversation speaks the way common man reacts to such news in media & its damaging to already in trouble real estate industry. This also emphasize importance of being aware of current affairs related to real estate & be available to such clients & speak clear to him as that’s why I was able to retain the clients booking as well his trust or confidence which is more important for us!
And then one more illegality in real estate is there, in the
form of changing policies! In my another case where we have got all sanctions
as well infamous NA order also which is like "Sim Sim" word for real estate & entered in
nearly two hundred plus agreements. We have simultaneously applied for
Environment Clearance where the lower committee has approved our proposal but
till our proposal went for the authority i.e. upper committee, the said committees
duration was over & it took nine months to new committee formation &
our work was held up due to just one reason as no committee in existence to
give us the said EC. And there were nearly hundred plus such proposals, so what
we call this but illegality by the Mai Baap govt itself & what we are going
to do about it? Now in this project who will bear the interest for nine months
delay but the flat holders & what’s their fault if they book their home
with a Smart Builder who doesn’t wait for EC & starts the work as committed
& give possession that too at much cheaper rate than booking with a legal
fool like us!
It’s not that entire system including
Hon CM hold charge of urban development are supporting for illegal
constructions but somewhere something is wrong since long is a fact. The local bodies like municipal
corporations are keener on sanctioning processes than curbing the illegal
construction & reasons may be insufficient staff to not having police
backup for doing so. As most of the time these constructions are in with nexus
of local so called leaders & the concerned junior officers are afraid to
rub them on wrong side. Here a separate police task force with full authority
as well enough in numbers must be provided to all the local civic bodies; with
home dept which controls police force also with Hon CM that should not be a
problem. Then with due respect the lower courts grants stay to stop work
notices as well action to most of these
illegal construction for very minor flaws in the system is also another hurdle
in curbing these construction in time. And till the matter goes to higher
courts it’s too late & impractical to demolish such buildings is equal
fact.
On one side we talk about ease of
doing business & on other side we regularize illegal constructions which in
actual is outcome of difficulty of doing the business of real estate! Till we
doesn’t come up with development plans in time & make as well implement
policies which are clear even for common man to understand & enforce them
with ruthless attitude, illegal constructions won’t stop. And many will wonder the use of term
ruthless but the sanctioning or governing system is ruthless only when it knows
the opposite person is helpless & respect for the law. The very same system
becomes very soft for the person (read as builder) who knows which button to
press & away by breaking every existing law! When I say ruthless then it should be
applying the stick to everyone who is making illegal construction despite his
or her position or connections with people in power! Unless & until we won’t
work on that front some honest officers will keep on getting transferred untimely,
High Courts will keep screaming against builders, Mai Baap Govt will keep on
protecting illegal constructions under name of its shelter for the poor &
the poor common man’s dream of his own legal home will ever remain as dream!
Sanjay Deshpande
Sanjeevani Dev.
https://www.youtube.com/watch?t=1415&v=blgni8HSfDU
Please do visit my blogs to know about our philosophy at Sanjeevani ! (Click the links below)
Sanjeevani Dev.
https://www.youtube.com/watch?t=1415&v=blgni8HSfDU
Please do visit my blogs to know about our philosophy at Sanjeevani ! (Click the links below)
http://jivnachadrushtikon.blogspot.in/
Social Side of Sanjeevani ! (Click link below)
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For any of your complaints about city, log in at link below
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Think Green, Think Life
www.sanjeevanideve.com
Social Side of Sanjeevani ! (Click link below)
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For any of your complaints about city, log in at link below
www.punecorporation.org
Think Green, Think Life
www.sanjeevanideve.com