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Mangesh law_student (Service)     31 August 2009

PIL against Govt,builder association

Dear All,

It's been more than 1 year  now Maharashtra Govt have ammended (MOFA) Maharashtra Ownership Flat Act, 1963. To allow sell of flats on "only carpet basis" but still the law has not been followed by builders lobby in Maharashtra.

It can be seen in any property shows, all builders(reputed, non-reputed) are openly violating this law. Can some one from our dear lawyers help/suggest how to file PIL to make sure Govt act against builder lobby and make them forcefully follow the law also what are the documents,paper work requires for PIL. How much would be expenses for the process. Does any NGO requires in PIL.

This will benefit a common man to acheive his dream house in his budget.

Thanks,

Mangesh

 



Learning

 5 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     31 August 2009

there r specific cases comes in pil.

Kiran Kumar (Lawyer)     31 August 2009

i dont find it to be a good case for filing PIL at this stage.

 

read the act and find out what mechanism govt. has provided in case of violations by the builders and developers....follow that procedure.

 

in case no such procedure has been provided then write an application/ representation to the concerned department or ministry via Secretary attached to it....it should be a detailed representation.

 

if no action is taken then file a writ petition.

 

u must be having good intentions but not a good case at this stage....try to avoid PIL, if the court is not pleased then heavy costs may be imposed which may run into Lacs.

1 Like

Mangesh law_student (Service)     01 September 2009

Thanks all for your quick helping hand. Well this is clear for me now.

The actual cause for this amendment is builders often cheat common man in the flat area. They sell builtup where as the flat received by customer is carpet area. In fact in MOFA the GOVT had intention to make builders to disclose carpet area but had mentioned that flats MUST have to sell by carpet only. There was huge debate in assembly, on NGO platforms about huge price hike in flat prices and after all GOVT must have to respect the common man's demand.

Govt. made compulsory for builders to sell the flat on carpet area only so customer will have to pay less, also instructed all corporations,registration authorities to follow this act too. Flat registration will have to do on carpet only so they can pay less.

But while passing this ammendment Govt again made provision which can be misuse by builders. Govt allowed promoters to charge separatly for facilities in ratio to the carpet area of flat.

And again it's become trouble to common man to get his own house.

If any law has been made by Govt, the system must follow it, as the law has been made to protect common man interests.

Here is the ammedment act attached.

Thanks for youe help,

Mangesh Nalawade

Mangesh law_student (Service)     01 September 2009

Here is the GR for carpet bill 2008 passed and imposed by State Govt Of Maharashtra, well it's Marathi, I'll try to get english copy for better focus on the matter.

Thanks,

Mangesh

 


Attached File : 15 flat-can-be-sell-buy-at-carpet-area-only.pdf downloaded: 215 times

kailashmhetre71 (executive)     29 October 2013

I don't agree with my lawyer friends its easy for any group of lawyers to file a PIL ,data of flats registered on build up area can had from sub registers office thro RTI

So it is in fact good case for filing PIL now. There are ways an means of getting data.

Iam not a lawyer but can write comments like I see from my dear friends.


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