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Mumbai Real Estate News

Redevelopment of Andheri Slum Deal Gets Terminated By SRA



redevelopment of andheri slum deal

It is dismal that a project that was anticipated to start almost 20 years ago still stands in the same state. The Slum Rehabilitation Authority (SRA) had appointed developer K S Chamankar Enterprises to redevelop a sprawling slum property on the Andheri regional transport office plot. The builder miserably failed to even start the project and thus the SRA have terminated the contract.

The order by SRA CEO Vishwas Patil took five years even after highlight that the state public works department appointed developer Chhagan Bhujbal, was in jail.

Chamankar contractor was awarded the contract to build Maharashtra Sadan guest house in Delhi without inviting tenders in 2007 by the PWD. As per the agreement, Chamankar was supposed to build three public buildings in the budget of few hundred crores and give them to the state government. Chamankar was given the slum development rights of Andheri RTO which would get him more than Rs 4,000 crore. He was also sanctioned 8.57 lakh sq ft of sale floor space index (FSI) by the SRA.

A charge-sheet was filed last year against Bhujbal, his son Pankaj, nephew Sameer and 14 others in the Maharashtra Sadan case by the state anti-corruption bureau.

Patil clarified on Monday that the letter of intent (LOI) granted to Chamankar for the plot redevelopment has been terminated. He complained that “The builder failed to start the project for 20 years.” As per the SRA sources, he even stopped paying rent for transit accommodation to over 1,000 slum-dwellers for two years.

The order said, “Although the Andheri land is costliest and prime real estate, the developers did not show much interest.’’ On the contrary, Chamankar claimed that authorities did not cooperate with him when it came to speedy approvals. The order further added, “The SRA sanctioned around 8 lakh sq ft of FSI, which is like a goldmine, but the developer failed miserably in fulfilling the task of rehabilitation of slum-dwellers.’’

In the last 20 years, the developer could only manage to build 155 of the 911 tenements it was set to build for slum-dwellers. Redevelopment proposal for slums like Anna Nagar, Kasam Nagar and Vithal Rukmini Nagar was accepted by the SRA in 1999. The LOI was granted on October 27, 2004, for one slum and on June 26, 2006, for two others. An amended LOI was granted on July 9, 2007, and March 27, 2012.

SRA sent a notice to Chamankar Enterprises, P S Chamankar and Associates and all promoters of the cooperative housing societies on 12th January asking why a new developer should not be appointed to complete the project. L&T, construction company, was in a joint development agreement with Chamankar but is not ready to take over the project. Rs 600 crore has been paid as advance by them.

Also Read: Basic Real Estate Terminologies – Beginner’s Guide Part 2

Ahmedabad Real Estate News

Under Construction Flat Booking Finds Tax Deduction Under Time Constraints



Tax Deduction

If a buyer makes a transaction to book an under-construction flat and if he acquires it within the three-year period of the sale of his old house, then he is entitled to a tax deduction, says a ruling from the Mumbai bench of the Income-tax Appellate Tribunal (ITAT). If an apartment is booked in an under construction project than it must be viewed as a method of constructing residential tenements, says the December 18 judgment.

That means if the buyer uses the entire gain from the transaction to buy another house within two years or construct another house within three years. The two- and three-year period applies even if the buyer bought another house a year before selling the first one. But the property should have been bought in the name of the seller.

It is mandatory that within a period of two years after or one year before the date of transfer of old house, the taxpayer should construct a residential house or acquire another residential house within a period of three years from the date of transfer of the old house. The date of receipt of compensation will determine the period of acquisition or construction in a case of compulsory acquisition.

This exemption is effective and can only be claimed in respect of one residential house property purchased/constructed in India. In the case of multiple house purchases or constructions, the exemption under section 54 will be available in respect of one house only. Any purchases made outside the country does not fall under any kind of exemption. Section 54 gives relaxation in such cases by providing relief to the taxpayer who sells his residential house and acquires another residential house from the gained capital.

After the sale of an asset, the difference between the buying price and the selling price is a capital gain or a capital loss. These are further classified as long-term or short-term. If a property is held for 24 months or less, with effective from 2017-18, then that asset is treated as Short Term Capital Asset. Then an investor can make

treated as Long Term Capital Asset. Then only a Long Term Capital Gain (LTCG) or Long Term Capital Loss (LTCL) can be made on that investment.

ITAT agreed that booking of a new flat in an under-construction apartment should be considered as a case of “construction” and not “purchase”, hence following the earlier decisions of the Bombay high court and the tribunal itself. Further ITAT allowed the fact that the construction can began prior to the date of sale of the old asset. Same was stated in the earlier judicial decisions of the Karnataka high court and Ahmedabad ITAT, that the date of commencement is not relevant but it is the completion of construction that comes in relevance to section 54.

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Mumbai Real Estate News

Mumbai’s Development Plan 2034: Second Draft Sees A Steep Drop In Responses



Mumbai’s Development Plan 2034

The second edition to the Mumbai’s Development Plan (DP) 2034 has been seeing an unenthusiastic response in comparison to the draft DP released last year.  BMC made this draft public in the month of October this year. The Brihanmumbai Municipal Corporation’s (BMC) first edition of the Development Plan included the open space management, steps to boost civic amenities, affordable housing, floor space index (FSI), prevent encroachments as well as outline policy on land usage, built-up area (BUA) etc.

The second part of the draft DP, covered the 111 hectares in three areas of the city, Oshiwara business district from SV Road to Link Road, Parigkhari from LBS Road to Mithi river in Kurla and the  Bandra-West A block. Till the date it has received only 28 suggestions and objections so far, deadline for the feedback being December 30. Allotted by the Metropolitan Region Development Authority to the BMC in 2016, these three areas came late as by then BMC was already done with the completion of the draft DP 2016 for the entire city

Few parties have responded to this second draft DP 2016. One of them is Bandra Reclamation Area Volunteers’ Organisation which have objected towards an entire municipal market being marked as a parking lot in the area. Vidya Vaidya belonging to the above organisation claims that they have been working for providing the area a zero-waste status. In regards to their response, she further discloses that they also suggested waste segregation centres to be earmarked in the draft.

Another organisation submitting suggestions and objections to the latest edition of the draft DP, is the Urban Design Research Institute. According to the organisation’s executive director, Pankaj Joshi, the prime reason behind the lukewarm response is that the talked about areas are small in sizes. These land parcels are house slums in Oshiwara and Parigkhari, and slum dwellers are unlikely to give feedback. He still spares a possibility of getting few more responses before the deadline.

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Mumbai Real Estate News

Reforming The Realty Market: RERA Redefines Carpet Area



Reforming The Realty Market

To bring consistency in the sale of flats in the real estate sector, the Maharashtra Real Estate Regulatory Authority (MahaRERA) has issued a circular, redefining the carpet area calculation and instructing the developers to adhere to this standard, refraining away from selling on the built-up area, while creating sale agreements.

The new carpet area will be the net usable floor area of an apartment with the internal partition wall but excluding the terrace, veranda, external wall and the balcony. Built up area being the sum of carpet area, wall thickness, ducts, exclusive balcony and verandas. Super built up area is the sum of built up area and common facilities like veranda, staircase, lift etc.

Despite the mandate by the Maharashtra Ownership of Flats Act, earlier there was no mechanism to enforce the carpet area selling rule. But now after the implementation of the Real Estate (Regulation & development) Act, RERA and the establishment of the regulatory authority, this rule will help buyers to get the value of their money.

Adding class to the realty sector, this reform will set a specific calculations of area measurement for every builder instead of their own definitions of built up area. Maharashtra is among the first of the states to implement RERA and fulfil all the norms set up by the Central government for a smooth transition.

These set of new rules will increase the per square foot rate in certain areas, prices of apartments should remain unchanged. Till now the built-up area, larger than the carpet area, was the basis of the calculation of the sales price, taking down the price per sq. ft. area. Now as the carpet area been deemed as the basis for the price calculation, the prices are anticipated to be raised up to retain the profit margin.

Stopping the unprincipled developers from misleading buyers, this new definition will bring more transparency in the system. With a higher loading factor, the developer can inflate the saleable area. This allows him a room to lower the rate per sq. ft. on the inflated saleable area. This can be highly misleading as consumers easily can get attracted to a seemingly better-than-market offer. However, only the loading factor has changed and not the flat size.

“We gladly receive this move by RERA as it defines carpet area as the standard. Now each builder has to walk the same path. Earlier, various builders used to confuse the buyers by ‘setting up’ their own carpet area, built up area and super built up area” said Shirish Deshpande, executive president Consumer Rights Group, Mumbai Grahak Panchyat.

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