This is a typical case of how the Municipality, Planning Development authorities, Dept of Power and Water Supply and advocates abet with the developers (builders) in beautiful Goa.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++ A landowner gives a part of his agricultural property for development viz; Construction of two buildings to a developer (builder). . The consideration of sale is some flats & shops. The other flats the developer can sell to prospective buyers of his choice. The landowner does not execute a Power of Attorney in favour of the Developer but signs all the related documents viz; the Development Permission from Planning Development authorities, the Municipal Building Construction licence approved plans and subsequent renewals. (for PDA every three years and Municipal every year) Niether does the landowners nor the developer (builder) apply for change of land use from agriculture to non agriculture i.e. obtain a Sanad of Conversion. Later the developer (builder) goes to construct another phase of two buildings but there he needs more land. Another landowner of an adjoining plot sells to the developer ( builder ) his plot. Here the consideration is paid in cash. The owners are foreign nationals of Indian origin therefore they need permission from the RBI but they chose not to obtain it. Their constituted Power of Attorney is made to collect the consideration in cash from the developer (builder),and also to sign all the relevant documents pertaining to the development on the plot. The developer (builder) with the permission of the Planning Development authorities obtains development permission and also amalgamates both plots ie belonging to both landowners Immediately the first landowner files an addendum to his agreement with the developer (builder) stating therein that for any LEGAL COMPLICATIONS arising out of the amalgamation of plots he will not be held responsible. Despite the addendum does it not amount to abetment with the developer (builder)? The developer (builder) being politically well connected does not obtain a fresh municipal construction licence for construction on the amalgamated plot instead relying on the earlier construction licence he goes ahead to build the second phase viz another two buildings. The flats are sold mostly to persons on arrangement of loan from financial institutions. Here the Builder provides the documents to the financial institutions to mortgage the apartments concerned while the flat owners sign the papers and the cost of the apartments goes directly in the name of the developer (builder). However the Occupancy Certificate is issued (which as per the prevalent practice is given after the apartment owners are granted the possession )does bot bear the reference of the construction licence in the name of the land owner of the second plot but only that of the first landowner. And obviously so as the developer (builder) did not obtain the construction licence as stated hereabove. How this was done is left for the Municipal authorities to explain. But they are caught in a fix. The result is those that have purchased apartments are with a title which is technically NOT LEGAL CLEAN CLEAR & MARKETABLE. The Mamlatdar files a case against the landowners and developers for illegal change of land use (i.e from agricultural to N/A) without a SANAD of CONVERSION the final order is directed against the landowners and Builder to regularise the same. They do not do so until one of the purchasers compels them to do so. infact one Deputy Collector files a fresh case on the matter which is already decided, so as to reduce the fine component for illegal conversion. The developer (builder ) gets vindictive and institutes proceedings to evict the flat owner allegations are made that though possession was given payment was not made by the flat owner. Lights and water supply are cut off, and the Department of Power and Water supply oblige the developer (builder) The fact is that the developer (builder ) who had agreed to arrange loans from the financial institution could not get the amount disbursed by financial institution in his name as the documents needed to mortgage the flat to financial institution were not CLEAN CLEAR LEGAL & MARKETABLE. The Developers ( Builder ) mangages after nearly over seven years to obtain an order for an eviction. The flat owner deposits the money towards the flat this time not from the financial institution but from his own personal borrowings to make his intentions clear for a legal clean clear and marketable title and successfully obtains a stay pn eviction from the appellate Court The developer (builder) then moves for a compromise in what in legal parlance is known as out of court settlement. But the stand taken by both are diametrically opposite to each other Developer (builder) states that notwithstanding the shortcomings and deficiency he cannot give clean clear legal title ------ which indirectly implies that other occupants are reconciled to the fact that they are in possesion of premises WITHOUT clean clear legal and marketable titles and have no dispute. The Flat owner insists he wants clean clear legal and marketable title. Incidentally the earlier stand of the developer (builder) was that though possession was given money was not paid (actually because the loan was already sanctioned but NOT disbursed to the developer builder for want of documents) The attorneys of both try unsuccessfully to have an out of court settlement. The Municipal authorities and the Revenue officials are working over time to cover up their indulgences with the developer (builder) How would one react to this situation and who is right. send in your comments. for SOUTH GOA PUBLIC INTEREST ACTION GROUP Terence Mazarelo PRESIDENT (SGPIAG) [EMAIL PROTECTED] ________________________________________________________________________ Yahoo! India Mobile: Download the latest polyphonic ringtones. Go to http://in.mobile.yahoo.com ########################################################################## # Send submissions for Goanet to [EMAIL PROTECTED] # # PLEASE remember to stay on-topic (related to Goa), and avoid top-posts # # More details on Goanet at http://joingoanet.shorturl.com/ # # Please keep your discussion/tone polite, to reflect respect to others # ##########################################################################
