Honourable Members of Parliament,

Allow me to start with the necessary disclaimer. I am a real estate
developer—one of those who flout laws, try to make unfair and egregious
profits and are constantly plotting and scheming to harm customers. I am
glad to note that the new government plans to support laws that were
conceived by its predecessor.

The real estate sector in India is hugely under-regulated. Every building,
before construction, requires 15 approvals and 15 NOCs (incidentally, the
expression “No Objection Certificate” is peculiar to India. I have done
business in 15 countries. No other country has this wondrous and beautiful
requirement). Every building, after construction, requires 5 approvals and
5 NOCs. But the industry is under-regulated and you are all honourable men
and women. It is a universally understood fact in modern India that the
principal reason a new law is passed is in order to provide more jobs for
serving and retired bureaucrats. It is a brilliant idea to set up 27 (one
at the Centre and one in each state) real estate regulators. The person at
the helm of each of these regulatory offices should be a civil servant of
the rank of a secretary at least. Additionally, each office needs at least
two additional secretaries, four joint secretaries, eight deputy
secretaries and sixteen under-secretaries, making for 837 important jobs,
or posts as our great government prefers to call them. Using an approximate
ratio of 15:1 for minor functionaries like section officers and chaprasis,
we can safely conclude that the creation of the real estate regulators will
generate 13,392 jobs. All of these hard-working government employees will
require offices, air-conditioners, homes, staff cars and so on. These
expenses should be willingly incurred by the Indian tax-payer, paying
particular attention to the fact that these will be recurring expenses for
all times to come and will be suitably adjusted upwards by future Pay
Commissions. Now, every building will require 17 approvals, instead of a
mere 15 before any construction commences. This 13.3 percentage increase in
approval requirements can and should be taken as an index of our national
progress. More houses are immaterial. More approvals and more NOCs is what
we need in India. Besides, we have such an excellent track record of
protecting our citizens from spurious drugs, pot-holed roads, unsafe trains
and so on. Should we not also be protecting home-buyers in much the same
way?

Consider the 72nd amendment to our constitution, which your honourable
predecessors passed. It was supposed to empower Panchayats. Of course, in
the process no one thought of disempowering noble tehsildars, registrars
and collectors. Now, in addition to getting approvals and NOCs from the
tehsildar, the registrar and the collector (I am not mentioning the
patwari, the government surveyor, the town planning department, the fire
department, the minor irrigation department, the civil aviation department,
the state electricity board, the water and sewerage board,the pollution
control board, the great ministry of environment, forests and climate
change and the even greater regional development authorities—you are
doubtless aware of all of them), we now need the approval of the panchayat.
One more bottleneck, one more hurdle in the process. Why it is not
considered necessary when introducing a new approval- or NOC-level  to do
away with an earlier ones remains a mystery. Ah… of course, I forgot that
the primary aim of new laws is not to help citizens, but to create new
bureaucratic jobs in order to oppress Indian citizens. It is therefore
imperative and obligatory that at least 100 new laws are passed in each
Parliamentary session and each law must burden Indian businesses with at
least two more approvals and two more NOCs. By the year 2025, the Republic
of India can change its name to “NOC Approved Republic of India”.

In the new law, please make sure that in the event of even one approval or
NOC missing, all of the real estate company’s employees are immediately
jailed. Please make sure that there are no penalties whatsoever for any
government office or official for turning down applications which comply
with the laws, or for neither approving nor turning down any application,
but simply sitting on them, delaying them, raising meaningless and obscure
questions or making excuses of holidays and election duty, in order to
ensure that India maintains its record as one of the slowest country in the
world for doing business. Government departments and officials are
inherently noble. They should not be penalised for delays. They cannot be
officially incentivised to speed up work. But of course, unofficial speed
money is their birthright. I am so happy that you are planning to increase
the number of departments and officials. The threat of jail is very
significant. This will ensure that only the most intrepid will enter the
business. Besides, it will provide impetus to criminal lawyers, who will
now have to deal with more anticipatory bail petitions, more adjournments
and so on.

We need millions of homes in India—homes that our emerging middle class can
afford. Delays, especially in a high interest rate environment like ours,
increase costs and reduce affordability. The cost of complying with new and
complex laws will also result in fewer affordable homes. But that is a
small price to pay if we can increase the number of approvals and NOCs by
13.3% and create an additional 13,392 government jobs and, above all, feel
good that we have one more noble law on our statute books.

Yours sincerely,
Jaithirth Rao

The writer is—you guessed it—a real estate developer.

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