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Thursday, December 25, 2014

Not all is well with parliamentary panel's report on urban development

Parliamentary standing committee on urban development (PSCUD)  has suggested that the BRTS system plan for Pune as well as Pimpari Chinchwad which is still at the planning stage and must be immediately put on hold and  further course of action should only be taken after detailed Consultation with the important stake-holders such as the commuters of the city.

Daily Prabhat 8 November 2014

This committee had visited Pune on 7th November .It was part of its study tour to Pune, Mumbai, Puri and Bhubaneshwar. Though committee was on three day study tour to Pune, it rapped up its visit in one and half day. Even media was kept away from that tour. It was also alleged that after rapping up study tour committee went on to Shirdi, though it was not scheduled in their tour.Ther was also criticism on committee's stay in five star hotel.

There are several controversial things in this report.i.e. When  PSCUD  says “that the BRTS system plan for Pune as well as Pimpri Chinchwad which is still at the planning stage must be immediately put on hold because they  received numerous complaints from the average citizens where the BRTS system is proposed to be introduced but   did not receive any satisfactory answers from the Government agencies to the problems envisaged by the commuters in Pune. And administration feels it has been saddled with a fait-accompli by way of the BRTS proposal and now does not know But what about Pimpri Chinchwad BRTS ?. Why it should be put on hold?how to disengage from it without loss of face”. But  world bank says the Pimpri-Chinchwad BRT may serve as a model for replication across India. Who is right? World  Bank or PSCUD. It is  fact that there is no BRTS in its true terms in Pune.

PSCUD says there should be a town planner in each city and CEO should be an I.A.S officer. Then only town can be developed in a systematic manner. What is the logic?. Town planner one can understand but why CEO should be an IAS officer. Is this the only tribe in India that can save the country? In last 77 years they are the only people who have served (?) it. But what is the outcome?.

About JNNURM projects PSCUD says “feed back from the study tour of the Committee to Maharashtra and Orissa is that all these projects will remain incomplete after thousands of crores having been spent on these projects. It would be a monumental waste of public money”. But committee doesn’t go beyond that , it doesn’t fix or say anything about responsibility of such a mess.


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Wednesday, December 24, 2014

After spending lakhs of rupees residents of “Palladium Grand” beg for drop of water

The residents of the Palladium Grand complex located at Dhanori, Pune are forced to come on the street .They staged candle march to express their anguish, frustrations for almost no supply of potable water as well bore well water. Meanwhile  In its 20th meeting of State environment assessment committee (SEAC) has asked State Level Environmental Impact Assessment Authority ( SEIAA )  to take Tamashaa  called necessary action  as per MoEF guidelines against project proponent Raojee constructions.


This project must have taken at least three to four years to complete. Meanwhile nobody in India including so called educated flat purchasers dared to ask two builders and promoters M/s. Raojee Constructions (Director - Shri. Suresh Tingre) and M/s. Shreyas Shelters (Director - Shri. Kolhatkar) the legality of their  project.

Flat buyers paid money innocently (?) and every body having authority to take action on these builders extorted money from builders to keep mum. After being obligated how will they dare to take action on Builders?. SEAC has asked to sent a notice because project proponent has commenced the work prior to environment clearance certificate. However basic question is,has the builder obtained necessary commencement certificate?. If you ask residents of this project, they are also not aware of it.   

 Now what option these residents do have?. I guess only begging outside own premises will not help. They should file criminal cases against builders in courts. Palladium grand is best example for others who have booked flats in projects to whom notices for violation of environment norms have been sent.

What palladium Grand Residents say about their problems

1.   Drinking water facility is not provided since the beginning: Even though Builders were given PMC connection, they diverted this to their own houses and nearby complexes to get completions certificates and make professional profits.

2.   We have sent detailed representation to the builders with cc to Pune Municipal Corporation Commissioner and the Commissioner of Police. Builders have chosen not to respond to the letters. This letter is available at http://helppalladiumgrand.blogspot.in/2014/12/water-supply-letter-of-notice-to.html

3.   Borewell water supply was discontinued abruptly since June 2012. Even after repeated requests, Builder denied us a supply of water. On the contrary they (especially Mr. Suresh Tingre) used abusive language and violent means to silence us.

4.   The Builders deliberately delaying society formation processes. This is in spite of the directives from DDR.

5.   Builders are writing offensive letters to the residents in order collect the VAT from the residents, which is illegal as per Supreme Court order dated 27 September 2014.

6.   Fire safety infrastructure in the complex is sub standard and has not been certified in recent years. Even after our repeated requests, builders have failed to produce fire safety certificates.

7.   LPG connection lines are run in open areas and as a result threat of fire and gas leakages is constantly hanging as a sword on the residents.

8.   Essential life saving services are not operational in the complex e.g. elevators. There are no service elevators installed.

9.   Rain water harvesting system is not in place, which is clear violation of the PMC norms.

10.         Drainage system is not complete; as a consequence wastewater is being released outside, causing health problems (e.g. Dengue and other communicable diseases).

11.         Garbage disposal system and composting plant is not functional, which is also a violation of PMC norms.
12.         Builders (especially Mr. Suresh Tingre) have been using abusive language and have even attacked the residents. At least one FIR is filed against him in Vishrantwadi Police station in 6 April 2014. This has been reported in the press as well.

13.         This project was conceived as one of the best in the area, especially for swimming pool, gymnasium and other amenities. However, since the beginning swimming pool is not functioning. Many of the equipment’s from the gymnasium were taken away by the builders to the other complexes to get completion certificates. Similarly other amenities are neither completed nor provided.

14.         There is only one access road to the complex. We have asked for separate in and out road, which has been denied to us. Boundry walls are on substandard nature and not as per the PMC norms. As a consequence we are constantly under the threat of theft.

15.         Builder has not provided the open space for recreational and garden facility to the Pune Municipal Corporation. We have asked him time and again to provide such a document if he has transferred the land to PMC, which has not been complied with.

16. Are we not worthy enough to be treated like human beings?

17.We do understand that Builder(s) have got an access to Pune Municipal Water. If this is correct, where is this water going? Are the builder(s) making financial gains by diverting this water or using it for purposes other than it is intended for?

18.Why is that officers of the Pune Municipal Corporation are not taking sue moto action against the builders? If Builder(s) are indeed diverting water elsewhere and using it for other purposes, then is it not theft of nation’s natural resources - just like 2G and coal scams?




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Maharashtra Government announces stringent remedies against cheater builder developers.

On Tuesday chief minister of Maharashtra announced stringent remedies against cheater builder developers. He assured legislative house that the properties of such unscrupulous, fly-by-night builders and developers will be sold to refund money to consumers. He also assured to amend the Maharashtra Protection of Interest of Depositors (MPID) Act . currently this law is applicable to investors and not buyers of property however Government  is planning to amend the MPID Act to include such crimes to enable the government to sell the property of those involved in these cases and return money to investors.


In last some years it is observed that gullible flat buyers fall in trap of verbal claims, glossy brochures of builders. The increase in the demand and the offered promises does not ensure that the promises will fulfilled on time. Builders fail to deliver on time,  the delay in handing over possession is rampant. Many builders start selling flats even before work starts and in some cases the builders don’t have commencement certificate even after buyers occupy the flats and start living in it.

Because of one-sided sale agreements tilted in a developer's favors, buyers have no option but to be patient when the developer delays his project. Builders start selling flats even before work starts. There are several reasons for a stalled project. Many times builder run out of funds or the authorities issue them a stop-work notice for violations. Many times such delay is there because the developer  changes the building plans or  delay in procuring approvals,

Before buying any property one should check copy of all legal documents like approval of municipality, sample sale agreement etc. and get these document verified . Many times buyers get the legal papers only after paying the cash component or some percent of  the price of property .Once buyer pays some amount ( that goes into some lakh rupees) he fall in builders trap he has no option other than to believe or wait for the project to be completed. He avoids any legal action or complaint to authorities because fear of losing money. And delay in justice in India is main cause of such fear.

It seems that Mr. fadanvis has taken common flat buyers problems seriously. Recently he announced to to clear construction proposals by developers within seven days from their respective municipal authorities or district authorities if the building plan submitted by them is as per any of the 56 plans approved by the government.

In last many years in India housing for poor or affordable housing has become a serious issue. Many Governments brought many legislation or schemes to promote such housing. Be it urban land ceiling Act ( Funny thing is this act was brought so that poor people should get house and it was repealed for the same reason) , Housing for economically weaker section ( EWS ) , Housing for dis housed (HDH), special Township schemes etc. etc.

Many concessions benefits were given  to promote such schemes. The Idea was to make available affordable housing for poor. But that didn’t happen because builder with help of politicians and bureaucrats siphoned off all these concessions and benefits in between. They didn’t reach to whom those were meant for i.e real, poor and needy flat buyer


In two circumstances real estate industry unites remarkably 1)To siphon of concessions-benefits meant for common people and 2) to oppose or put pressure on government , not to make efforts that may regularize real estate industry. Best recent examples of it are  Real Estate Regulatory Authority  and recently announced  certification the measurement of flats sold to buyers.The real estate industry as expected has heavily reacted on this decision.

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Thursday, December 18, 2014

Builder cheats when property buyers become emotional fool

Since long I was wondering how easily real estate Industry is making home buyers fool, Why people don’t understand or don’t obtain proper information before buying flats. Are they always scared of builders? May be, but builders never force any body  to buy a property. They just portray a lucrative picture and hallucinate home buyers. Then how do these young generation fall in trap of cheater real estate industry.


I asked this question to so many people and sane builders ( Yes there are few).But no body could answer properly. Then one of friends’ Shirish Joshi put the following theory.

Now a days , boys /girls have lot of money at age of 28 /30. They can either invest in shares or in real estate. They check or some websites and tempt to buy flats. They don't think twice that they should enquire properly before buying. Another thing is, their parent could buy house at age of retirement, and they want to show that they can buy at younger age. In a haste they think no one should obstruct them even though it proves wrong decision in future.

I found this theory believable. When I searched on this line on internet I found 3 Emotional Mistakes Home Buyers Make

1. Home Buyers Don’t Remove the Rose-Colored Glasses , When people look for their first home, they often romanticize it. They look for their “dream” home through rose-colored glasses.

2. Home Buyers Lose Control while buying home

3. Home Buyers Aren’t Decisive

Another mistake they make is, they believe to much on real estate agent or sales manager of builder. But one should not forget that these people always work for builder benefit and not for home buyers.

Another most important factor is every bodies apne India me itna to chalta hai   attitude. Whenever any illegality comes forward many people take it too lightly. But they should not forget that in such a case builders will not come for any body’s rescue

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Wednesday, December 17, 2014

Lies and Secrecy have become USPs of Real Estate industry

Since last many years there was a Builders Vs Buyers scenario in Indian Real Estate Industry and it seem that this scenario is going to remain there in future also . Because lies and secrecy have become unique selling Propositions (USP) of this industry .Government authorities also keep mum on buyers issues. Why don’t concerned authorities provide  necessary information to buyers ?, why builders don’t put real facts before them, why they hide vital information from buyers?



Since my last posts Pune - hub of illegal Real estate activities,More than 150 projects violated Environment clearance norms  and what is the future of the projects that have violated environment norms ? I received many phone calls and emails. All the calls and mails mostly were revolving around only environment clearance (EC) problems. For readers’ perusal reproducing four excerpts from those emails and my comments here.


Problem 1 - The Projects to whom State Level Expert Appraisal Committee (SEAC) has recommended  Government of Maharashtra to take action for violation of Environment (Protection) Act, 1986 .Can you guide me to find what were the issue in the case and if the case open against the builder or has been cleared or not

My comment– in my post  what is the future of the projects that have violated environment norms ? I have made it clear. And best option is to ask this question to the builder because after legal action and clearing objection taken by SEAC he may get EC. Hence it is their responsibility to disclose the information about what action has been taken on the builder, has the builder cleared all the objections and whether EC has been given to him or not.

Problem 2-  After going through your blog I asked builder about EC.He said that he has applied for EC  & will get the clearance within 115 days.He said that he is not going to start building construction till he get clearance. Now he is asking me to do agreement by demanding 20% amount of flat cost. In this case I am not sure to go for agreement with builder or not. What I should do in this case? Can you please help me in the given situation? I have draft copy of agreement sent by builder, can share it if you allow for it. Can I get your appointment for consultation?

My comment – Builders seems to be law abiding but then why he is asking money in advance. Because environment clearance (EC) should be there prior to starting construction? And what if he doesn’t get it? . Is there any clause mentioned in agreement regarding that aspect?. What will happen if he doesn’t get EC. ( he may be sure about it because of something else).To me it is crime to sell, make agreement or demand money before obtaining all the necessary permissions.

Email 3 -. As a RTI activitist you surely or might have the contact or  email id of  the group where we can Seek information whether any particular project go to clearance or not.I have already gone through the Maha site link but couldn't find my builder project so just want to re-assure whether my builder got environment certificate or not. Request to share the contact number or email id of the point of contact or SPOC who is responsible to provide environment certificate  for residential project going on Pune.

My comment – unfortunately there is no such forum where property buyers can get all the relevant and authentic information.

Unfortunately all these mails talk of only environment clearances and nothing else, as if that is the only thing about which builder has lied and everything else is right. I wonder how do people believe in the builder whose USP ( Unique selling point) is “ telling lies”. Environment clearance is one thing that has come to light but there are many more things that are to be taken care before buying flats.

But big question is why public authorities don’t put information related to real estate projects in public domain?. Reason is simple. Most of the bureaucrats and politicians directly or indirectly get benefits from such projects.

In last many years in India housing for poor or affordable housing has become a serious issue. Many Governments brought many legislation or schemes to promote such housing. Be it urban land ceiling Act ( Funny thing is this act was brought so that poor people should get house and it was repealed for the same reason) , Housing for economically weaker section ( EWS ) , Housing for dis housed (HDH), special Township schemes etc. etc.

Many concessions benefits were given  to promote such schemes. The Idea was to make available affordable housing for poor. But that didn’t happen because builder with help of politicians and bureaucrats siphoned off all these concessions and benefits in between. They didn’t reach to whom those were meant for i.e real, poor and needy flat buyer.

For example for special townships builder gets following concessions
i) automatic Non-agriculture permission.
ii) Exemption from Urban Land (Ceiling and Regulation) Act, 1976.
iii) Government land falling under township area leased out to the developer at the current market rate.
iv) The condition that only agriculturist will be eligible to buy agriculture land is not applicable in Special Township Areas.
v) Nno ceiling limit for holding agriculture land to be purchased by the owner/developer for such project.
vi) Floating FSI in the township. Unused FSI of one plot can be used anywhere in the whole township.
vii) The stamp duty rates applicable in the Special Township area are  50% of prevailing rates.
viii) A Special Township Projects are  partially exempted from payment of scrutiny fee for processing the development proposal.
ix) 50% concession in payment of development charge.
x) Development of basic infrastructure and amenities.

However there are some conditions also like

(a) Water supply. The developer is required to develop a source for drinking water (excluding ground water source) or get a firm commitment from any water supply authority to meet the daily requirement of 140 litre per person a day. This excludes water required for fire-fighting and gardening. The storage capacity provided should be 1.5 times more than the requirement.
(b) Drainage and garbage disposal. Environment-friendly disposal of sewage and solid waste management as per the norms of the state pollution control board.
(c) The developer has to ensure continuous and good quality power supply through captive power generation, or draw from the existing supply system.
(d) The developer must get prior environment clearance certificate from the Union Ministry of Environment and Forests (MoEF).
(e) Twenty per cent of the area is to be reserved for park/gardens/playgrounds.
(f) Eco-friendly amenities like solar water heating.
(g) 60% of the area to be purely residential and out of the total floor area proposed to be utilized for residential development, 20% of the same to be used for residential tenements of 40 sq m.
(h) Proper road area with the main road being 24 meters wide. etc etc

But what happens in reality.  Builders get all the benefits in advance, however when it comes to fulfilment of conditions. Both the builders and authorities keep mum. Whenever builders face some difficulty bureaucrats and politicians come to their rescue. Whenever builder finds any difficulty in getting commencement certificate they introduce a term called “conditional permission“which is totally illegal. Yes there two types of conditions some have to comply before work starts and others have to comply while work in progress.

For first type of conditions there is no excuse. Even then builders start construction and even before that they start selling the flats. But when it comes to the compliance of earlier or latter conditions authorities cry of having no authority to act on non- compliance or violations. When it comes to oblige builders , authorities read too much between the lines but when it comes to held builder responsible for some thing, they don’t even read what has been written in black and white?

For example
1)Central government by a notification on 28 February 2014 conferred state units powers to issue show cause notice to project proponents in case of violation of the conditions of the environment clearances issued by the said Authorities to projects or activities within their jurisdiction and to issue directions to the said project proponents for keeping such environment clearances in abeyance or withdrawing them, if required, for violations. But has any body heard or seen on their website of state units that have kept someone’s EC in abeyance or revoked it ?

2) i) It is  mandatory for the project management to submit half-yearly compliance reports
in respect of the stipulated prior environmental clearance terms and conditions in hard and soft copies to the regulatory authority concerned, on 1st June and 1st December of each calendar year.
(ii) All such compliance reports submitted by the project management are public
documents. Copies of the same shall be given to any person on application to the concerned
regulatory authority. The latest such compliance report shall also be displayed on the web site of the concerned regulatory authority.

Have you seen any of these documents on environment department’s website?

As per environ protection act and as per section 4 of Right to Information act all the documents pertaining to various permissions, compliances, authorizations , action taken reports and  plans must be in public domain. But what is the reality? . If you go to environment department’s portal, they have uploaded some information but that is insufficient and not in searchable mode, hence people can’t obtain any information they want. If you go to pune collector’s website it also doesn’t help. If you go to pune municipal corporations website, yes they have made available facility to obtain information on commencement certificates given and plans sanctioned thereon but it doesn’t work. Do you all this is just a coincidence? , certainly not.

Now what is the option for the flat buyers?. They must do some homework; consult some legal expert or  sensible people before investing their money.


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RTI Resource Person, RTI Columnist

Phone – 9923299199
Email – kvijay14@gmail.com
Website – http://surajya.org  

Tuesday, December 16, 2014

Henceforth you will not get property space less than promised by builders

Henceforth government of Maharashtra has made it compulsory for builders to obtain a certificate from legal metrology department regarding measurements of flats. Without this certificate sale deed will not be registered. This has been done taking into consideration complaints of buyers that some builders provide lesser space than promised in the sale agreement.
 

Also henceforth the properties will be measured in square meters rather than square feet. It was always difficult for flat buyers to understand and prove that he has received space less than promised and had to depend upon architect’s version who usually is builder’s man.Normaly buyers are not aware about how to calculate the area of his flat. Then forget about complaining about it.

There are always several complaints against builders such as deficiency in service, improper amenities, lift not working, ceiling leakage, improper drainage system, and incomplete fire safety system, low quality wiring, improper water provisions, not providing the occupation certificate etc. and lesser space than promised was also one of them. But government has always failed to impose some regulation this sector.

There are several options before flat buyers if feels of deceiving like filling civil suit in a Civil Court, complaint before the consumer Forum, approaching appropriate authorities or
Filing Criminal Case. However proving his case is always a task for flat buyers. But at least now in case of area less than promised he has some hope.

Monday, December 8, 2014

what is the future of the projects that have violated environment norms ?

Since my last post, many readers called me to ask about future of the projects where they have bought the flats. What are the consequences of not having environment clearance?. Some of them said builder has assured them of obtaining Environment clearance (EC) within a month or two, some said builder is going to apply afresh for EC, some builders even went on to say "we don’t need EC, everything is managed".


Interestingly none of flat purchasers dared to ask builder why did he lie? Why they started construction and sold the flats prior to EC, When prior EC was necessary?, Why State Environment Assessment Authority ( SEAC ) recommended rejection of EC or action against them?. Why criminal cases have been filed against them? What will happen to my flat or money if the EC is completely rejected?


The futures of such projects depend entirely on type of violation. The cases where there are chances of correction and compliance of environment norms those may considered for EC after necessary legal action on project proponent. For this to happen project proponent has to apply afresh for EC. But for the projects where irregularities or violations are beyond repairable conditions, future such projects are in dark.

For example if the builder has constructed more than allowed height limits of environment norms then after correction i.e after demolishing the illegal part of project and after facing legal action it may get EC. But this is not as easy as it looks. So many builders have already sold the illegal part of the project hence the buyers of such part may land in trouble.

In so many projects irregularities committed by project proponent are beyond corrective measures and provisions of law cannot be disregarded and ignored merely because what was done, was being done or on the grounds of fate accompli.

The flat purchasers who have been cheated by the builders may also try one other option i.e. if he/she is sure that environment norms for which notice have been sent are beyond corrective measures or scope of making project legal is impossible. Then they should file police complaint; try consumer court or criminal cases against builders.

One thing is clear that there is nexus between builders, politicians, bureaucrats,banks behind such illegalities. But I don’t understand why the property buyers don’t consult some expert in this field before spending their hard earned money.

So for future of the projects that have been rejected EC or to whom notices of violation of environment norms have been sent, one has to look at the nature of the violations. Reproduced below is the list of the projects to which EC has been rejected and reasons of such rejection. For other projects to  whom  notices have been sent for violation of EC norms one has to ask for the copy of the notice and see whether there are chances of correction or not.

M/s. Eiffel Developers and Realtors Ltd ‘Eiffel City’ at Chakan, Taluka-Khed, Dist.-Pune,

The case was discussed on the basis of the presentation made and documents submitted by
the proponent. The case was discussed on the basis of the presentation made by the proponent. All issues related to environment, including air, water, land, soil, ecology and biodiversity and social aspects were discussed.

During the appraisal, the PP admitted that 80% of the construction work has already been
completed inspite of knowing the fact that it is mandatory to obtain prior EC for construction
project involving 20000 m2 build up area or more. The PP also admitted that the revised plan was approved in 2010 and most of the construction work was carried out during 2011. The Committee noted that the PP / Consultant had not submitted the above said fact in the documents submitted, including Form-I, but revealed it only during the presentation. Environment Department may look into matter for the aforesaid violation and take necessary action for the misrepresentation of the data and violation.
.
It was also noted that the PP has not obtained the consent for water supply from a
competent authority and no sewerage facility is available catering to the project. The right of way to the plot is 12 m, whereas the height of the building is 36 m, which does not comply with the MoEF OM dated 7th Feb, 2012. The ground coverage is very high (63%) As most of the prerequisites are not met, SEAC decided to recommend rejection of the proposal for prior
Environmental Clearance

M/s. Karia Realty “Konark Meadows” at Gat No. – 1185/A, Plot No. – 3, Near Wagheshwar Temple, Behind Moze College, Wagholi, Pune

The case was discussed on the basis of the presentation made and documents submitted by
the proponent. All issues related to environment, including air, water, land, soil, ecology and
biodiversity and social aspects were discussed.

PP stated that the construction work has already been initiated and Buildings A, B C and D
have been built. PP stated that he has handed over the amenity space to the Collector in lieu of which additional FSI is claimed and the total built up area now exceeds 20,000 m2 and hence applied for EC.
The Committee noted that the current approach road is 5 m wide and there is a proposed
DP road of 18 m width. The maximum height of the building is 37.25 m, therefore, the project cannot be considered in light of MoEF OM dated 7.02.2012, until the DP road of 18 m width is constructed. The PP has not obtained the consents for water supply and drainage facility from competent authorities. In view of the nonavailability of the major prerequisites, SEAC decided to recommend rejection of the proposal for Environmental Clearance

M/s Rohinton Mehta Constructions. "Solacia" located at Gat No. 2188A (old)/Gat No. 1185A (New), Plot No. 1,4,5,6,7A,7B,8 and 9A, Behind Rambhau Moze Engineering College, BAIF Road, Pune – 40

As per decision in the 54th meeting of SEAC, Sub Committee visited the site on 20th
August, 2012. Observations made during the site visit were deliberated. It is noted that the Phase I of the project is completed and occupied partly.
In Phase II, 4 buildings have been completed and occupied. These buildings were
constructed by another developer from whom it has taken over by the present proponent and
expansion work planned on a larger plot subsequently acquired. Two buildings are in progress, out of which one is nearly completed and one is at stilt level. For Phase III, one building is nearly completed and other building is not yet completed. This is a violation of EIA Notificaiton, 2006.

The Environment Department may look into the violation and take appropriate action for the
violation. It is noted that-
1. 15m wide DP road serving as access to the project is constructed jointly with all near by
developers. As per MoEF OM dated 7th Feb, 2012, the maximum height of the building
should not exceed 15m, considering the width of access road. However, about 36m tall
buildings have been constructed.

2. The entire plot area in the campus is almost paved and hardly any space is left for
plantation.

3. Basement constructed below Phase-I row houses has inadequate natural lighting and
ventilation and access/ exist ramps.

4. No RWH work is done.

5. No hydrants or refuge areas were seen and measures provided for fire protection are not
clear.

6. The water supply and drainage scheme is still at a very preliminary stage and may not
materialise in the near future. Presently water is being supplied through bore wells or
tankers.

7. The treated effluent from STP has no sustainable method of disposal. PP was not able to
provide satisfactory details regarding treated STP waste water disposal.

8. No reliable arrangement exists for solid waste disposal

9. Provision of amenities were not seen

Considering the existing violations and inadequate compliances, this expansion project, as
submitted cannot be recommended for EC and hence SEAC decided to reject the proposal.

M/s.Smart Value Homes Limited S. No. 279…. 344 of village Kathivali,
Tal. Shahapur, Dist. Thane

The project proponent presented the proposal before the committee and the case was discussed on the basis of the presentation made by the proponent. It was observed that PP has not yet complied with the following conditions of EC letter for the Phase 1 issued on 21st October, 2011:
(i) There shall be no discharge of surplus treated effluent to any nala, stream or any other water body outside the project. The surplus effluent (after meeting the requirement for flushing etc.) should be used for taking up gardening and horticultural developments on the balance area of about 10 hectares.
(ii) PP shall lay a pipeline for carrying the surplus water to appropriate site as discussed in SEAC & SEIAA Meetings.

PP now proposed that he would construct a pond of an area 6000 cmd to store and periodically dispose of 397 cmd of surplus treated water during wet seasons. PP also proposed that excess treated water to be utilized for nearby submerged paddy fields and nursery. Considering the total population of around 12,000 populations in the proposed township the proposed external arrangements are not sustainable.
Decision:
SEAC decided to recommend the proposal of Phase II for rejection of Environmental Clearance.

 M/s Parmar Indus Associates “Vista Luxuria” at S No. 162, Majri, Pune

 The case was discussed on the basis of the presentation made by the proponent. All issues related to environment, including air, water, land, soil, ecology, biodiversity and social aspects were discussed.

PP informed that construction was initiated at the site with a total BUA of 14245.2 sq.m and
completed with the approval of local authority. It is noted that three buildings with height of 30 m with a right of way of 9 m (as per MoEF OM dated 7th February 2012, the maximum height allowed is 15m) has been completed and foundation work of other proposed buildings is also almost completed. It appears to be a violation of EIA Notification, 2006. Environment
Department may look into the matter and take an appropriate action.

SEAC noted that-

1. The current right of way is 9m. As per MoEF OM dated 7th February 2012, the maximum
height allowed is 15m but the proposed maximum height of the building is 36m.

2. Consent for water and drainage from competent authority are not yet obtained.Considering this, SEAC is constrained to recommend the rejection of prior environment
clearance to the proposal.

M/s. Sia Developers “Vermont” residential Project Gat No. 1204 (2138), 1205 (2139), 1206 (2140), 1208 (2194), opp wagheshware Temple, BAIF road, college, Wagholi, tal Haveli, Dist Pune

The case was discussed on the basis of the presentation made by the proponent. All issues related to environment, including air, water, land, soil, ecology, biodiversity and social aspects were discussed.

PP informed that construction was initiated at the site as per NA approval with FSI 12797 sq.m and total BUA 19,900 sq.m including Non-FSI area. This is a violation of EIA Notification, 2006. Environment Department may look into the matter and take an appropriate action.

SEAC noted that-
1. The current right of way is 12m. As per MoEF OM dated 7th February 2012, the maximum
height allowed is 15m but the proposed (and also the existing building) maximum height
is 39m.

2. Proposed FSI 0.9 is not yet approved.

3. Consent for water and drainage from competent authority are not yet obtained. Considering this, SEAC is constrained to recommend the rejection of prior environmental clearance to the proposal.


 M/s. Tricon Builders, Residential Building on plot bearing Sr. No. 19/1 to 4 & 19/5/1 & 19/5/2, at post Pisoli, Tal Haveli, Dist. Pune

The case was discussed on the basis of the presentation made by the proponent. All issues related to environment, including air, water, land, soil, ecology, biodiversity and social aspects were discussed. PP informed that construction was initiated at the site as per NA approval with a total BUA 19,878 sq.m including Non-FSI area. This is a violation of EIA Notification, 2006.

Environment Department may look into the violation and take appropriate action.
SEAC noted that-

1. The current right of way is 9m. As per MoEF OM dated 7th February 201, the maximum
height allowed is 15m but the proposed maximum height of the building (including the
completed ones) is 30m.

2. Proposed FSI of 0.9 is not yet approved.

3. Consent for water and drainage from competent authority has not yet been obtained.
Considering this, SEAC is constrained to recommend the rejection of prior environmental
clearance to the proposal

 M/s. Kumar Agro Products Pvt. Ltd.  “PALMCREST” (Residential Project) at Village – Pisoli, Taluka – Haveli, Pune

The case was discussed on the basis of the presentation made by the proponent. The
project is located at Pisoli Village, Taluka – Haveli, Pune and situation regarding water supply and drainage are similar as per Item No. 23. ( Advika Constructions)

The PP has started the construction. On this PP informed that he was plan Phase I having
BUA less than 20,000 sq. m. Environment Department may look into the said matter and take
necessary action.

The proposed project is an expansion of existing project which is not reflected in form I.
It is noted that existing approach road is 9 m wide and position regarding widening of road is not clear. Hence, the PP need to restrict the height as per MoEF OM dated 7th Feb, 2012.
On this observation, Committee decided to recommend the project as proposed for
Rejection

M/s. Advika Constructions Pvt. Ltd. Advika - Residential Project at Pisoli, Tal. – Haveli , Dist. Pune 
The case was discussed on the basis of the presentation made by the proponent. It is noted
that the project proponent has nearly completed the construction work of 2 buildings without
obtaining the prior environmental clearance. Environment Department may look into the said
violation and take necessary action.

It is noted that existing approach road is 9 m wide and availability of 15m wide access road in future is not clear. Hence, the PP need to restrict the height as per MoEF OM dated 7th Feb, 2012.

Position regarding water supply and drainage is not clear and submitted water balance was
incorrect. There is also discrepancy in the submitted figures i.e. number of buildings, ground
coverage area, etc. The PP has also not furnished the data of subsoil condition for the preparation of RWH scheme.

On this observation, Committee decided to recommend the project as proposed for rejection.

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