Thursday 29 September 2016

                             PROPERTY POSSESSION RIGHTS

                                                    



Ownership fundamentally implies that holding a steadfast property under lock and key with or while not title of ownership. it's ceaseless demonstration of asserting select utilization of the property as though the holder claims the property to that he could or won't not be having right of ownership. Belonging are of arranged sorts. Antagonistic ownership, typical ownership, ownership beneath a fixed force of expert, ownership underneath lien and ownership underneath part-execution of an agreement are numerous essential ones.

A man possessing an unfaltering property has beyond any doubt right and enthusiasm inside of the property he's holding. The spirit has such an effective administration over the ardent property that he will keep others out from possessing it. Unless generally tried, ownership could likewise be taken as title of ownership. Simple ownership of partner ardent property doesn't imply that the individual is that the genuine proprietor of the property.

Holding a property once a pronouncement is gone for abandoning it, even once enough time is given for clearing the premises, is illegitimate and can't be termed as lenient ownership, ownership don't appear to be one and hence the same. Ownership implies that not exclusively physical ownership (or useful ownership) of a property however furthermore full administration over it. Occupation implies that the best possible to convey and involve a property. Ownership implies that legitimate ownership of a property which can't run with real physical ownership of property.

A property proprietor gives his farming area to an occupant for development. However' the property is that the same, the rights actualised region unit totally distinctive. The proprietor has the area while not occupation and in this way the inhabitant develops the area while not ownership. The unimportant right to develop doesn't present the best possible of ownership on the inhabitant. 

So also, in an exceedingly contract, the occupant on the grounds that the home loan holder is in real physical ownership of partner unfaltering property and in this way the property proprietor in light of the fact that the indebted person is that the genuine proprietor of the property. Here the home loan holder has the property while not ownership and hence the borrower possesses the property while not occupation. Ownership is interim. Ownership is changeless.

Unfriendly Possession implies that an individual having partner steadfast property that is unfavourable, unhelpful or unsafe to the enthusiasm of the legitimateproprietor. Unfavourable ownership is ownership of a property by a person for his sake or in the interest of someone else on that verity proprietor highlights a privilege of quick ownership. In the event that, then again, verity proprietor doesn't authorise his comfortable the end date stipulated underneath Law of ownership of the property gets to be unfavourable to verity proprietor. The outcome's that verity proprietor not singularly loses his right, title and enthusiasm inside of the property however also can't keep up a suit in an exceedingly court of law.

Ownership ought to be antagonistic altogether disavowal of the title of verity proprietor. The spirit ought to be in control of the property underneath a case of right. The property ought to be in his persistent ownership and in this way the people inside of the area ought to get a handle on that he has been remaining focused premises calmly and perpetually for an extended measure of your time and paying assessments in his name subsequently on demonstrate that the title of property is antagonistic to verity proprietor. It ought to be open and sufficiently unfriendly for the invested individuals to come back to comprehend of it.

A man, who exclusively holds partner enduring property physically, straightforwardly, gently keeping in mind not intrusion by verity proprietor for a measure of 12 years or a great deal of, is considered to have non heritable the ownership and title of the ardent property by unfriendly ownership. The expression unfavourable ownership shows an antagonistic or unpleasant ownership that is either communicated or implicit by open dissent of the title of verity proprietor.

Antagonistic ownership may be an uneven demonstration. Thusly, it can't be reported. An individual holding a property for an extended time doesn't imply that title of the property may be denied to verity proprietor. Ownership turns unfriendly just the privileges of the spirit and in this way the genuine proprietor don't coordinate. The individual holding ownership of the area should hold indistinguishable all alone benefit or in the interest of some individual separated from verity proprietor, while verity proprietor right along components a privilege of prompt ownership of the property.

Further ownership to speak to antagonistic ownership should be restrictive and real physical ownership. It's not at all important that verity proprietor should have real information of the antagonistic ownership farewell in light of the fact that it is open and in this manner the invested individuals have information of it. Additionally, it's a bit much that the individual asserting the title of antagonistic Mr. A, who asserted to be a 'thika inhabitant' since 1966, was rental out the property to occupants. Then again, he had right along been guaranteeing to be the expert of Mr. B. it completely was singularly since 1975 that Mr. A began saving rent in his own name. Mr. A recorded a suit in 1982 for conclusive order looking to limit the proprietor from tackling the property from him. The court distinguished Mr. A's case and control that Mr. A had been an unwelcome individual on the property, however began decisive his rights exclusively from 1975 and not prior. The court control that the suit documented in 1982 was pre-full grown, as at the time once the suit was recorded, Mr. A. wasn't in antagonistic ownership of the property for a long time.

For More

PROPERTY POSSESSION RIGHTS

                             PROPERTY POSSESSION RIGHTS

                                                    



Ownership fundamentally implies that holding a steadfast property under lock and key with or while not title of ownership. it's ceaseless demonstration of asserting select utilization of the property as though the holder claims the property to that he could or won't not be having right of ownership. Belonging are of arranged sorts. Antagonistic ownership, typical ownership, ownership beneath a fixed force of expert, ownership underneath lien and ownership underneath part-execution of an agreement are numerous essential ones.

A man possessing an unfaltering property has beyond any doubt right and enthusiasm inside of the property he's holding. The spirit has such an effective administration over the ardent property that he will keep others out from possessing it. Unless generally tried, ownership could likewise be taken as title of ownership. Simple ownership of partner ardent property doesn't imply that the individual is that the genuine proprietor of the property.

Holding a property once a pronouncement is gone for abandoning it, even once enough time is given for clearing the premises, is illegitimate and can't be termed as lenient ownership, ownership don't appear to be one and hence the same. Ownership implies that not exclusively physical ownership (or useful ownership) of a property however furthermore full administration over it. Occupation implies that the best possible to convey and involve a property. Ownership implies that legitimate ownership of a property which can't run with real physical ownership of property.

A property proprietor gives his farming area to an occupant for development. However' the property is that the same, the rights actualised region unit totally distinctive. The proprietor has the area while not occupation and in this way the inhabitant develops the area while not ownership. The unimportant right to develop doesn't present the best possible of ownership on the inhabitant. 

So also, in an exceedingly contract, the occupant on the grounds that the home loan holder is in real physical ownership of partner unfaltering property and in this way the property proprietor in light of the fact that the indebted person is that the genuine proprietor of the property. Here the home loan holder has the property while not ownership and hence the borrower possesses the property while not occupation. Ownership is interim. Ownership is changeless.

Unfriendly Possession implies that an individual having partner steadfast property that is unfavourable, unhelpful or unsafe to the enthusiasm of the legitimateproprietor. Unfavourable ownership is ownership of a property by a person for his sake or in the interest of someone else on that verity proprietor highlights a privilege of quick ownership. In the event that, then again, verity proprietor doesn't authorise his comfortable the end date stipulated underneath Law of ownership of the property gets to be unfavourable to verity proprietor. The outcome's that verity proprietor not singularly loses his right, title and enthusiasm inside of the property however also can't keep up a suit in an exceedingly court of law.

Ownership ought to be antagonistic altogether disavowal of the title of verity proprietor. The spirit ought to be in control of the property underneath a case of right. The property ought to be in his persistent ownership and in this way the people inside of the area ought to get a handle on that he has been remaining focused premises calmly and perpetually for an extended measure of your time and paying assessments in his name subsequently on demonstrate that the title of property is antagonistic to verity proprietor. It ought to be open and sufficiently unfriendly for the invested individuals to come back to comprehend of it.

A man, who exclusively holds partner enduring property physically, straightforwardly, gently keeping in mind not intrusion by verity proprietor for a measure of 12 years or a great deal of, is considered to have non heritable the ownership and title of the ardent property by unfriendly ownership. The expression unfavourable ownership shows an antagonistic or unpleasant ownership that is either communicated or implicit by open dissent of the title of verity proprietor.

Antagonistic ownership may be an uneven demonstration. Thusly, it can't be reported. An individual holding a property for an extended time doesn't imply that title of the property may be denied to verity proprietor. Ownership turns unfriendly just the privileges of the spirit and in this way the genuine proprietor don't coordinate. The individual holding ownership of the area should hold indistinguishable all alone benefit or in the interest of some individual separated from verity proprietor, while verity proprietor right along components a privilege of prompt ownership of the property.

Further ownership to speak to antagonistic ownership should be restrictive and real physical ownership. It's not at all important that verity proprietor should have real information of the antagonistic ownership farewell in light of the fact that it is open and in this manner the invested individuals have information of it. Additionally, it's a bit much that the individual asserting the title of antagonistic Mr. A, who asserted to be a 'thika inhabitant' since 1966, was rental out the property to occupants. Then again, he had right along been guaranteeing to be the expert of Mr. B. it completely was singularly since 1975 that Mr. A began saving rent in his own name. Mr. A recorded a suit in 1982 for conclusive order looking to limit the proprietor from tackling the property from him. The court distinguished Mr. A's case and control that Mr. A had been an unwelcome individual on the property, however began decisive his rights exclusively from 1975 and not prior. The court control that the suit documented in 1982 was pre-full grown, as at the time once the suit was recorded, Mr. A. wasn't in antagonistic ownership of the property for a long time.

For More

Wednesday 28 September 2016

Risks involved in Building Bye-Laws Violation



                      Risks involved in Building Bye-Laws Violation

                                                           

Bangalore is one of the fastest growing cities of India. The reasons for such a fast growth could be attributable mainly to the development of I.T. hub, pleasant climatic conditions and better educational and employment opportunities. Because of high influx of people to the city, there is a great demand for house and house sites in Bangalore. This, in turn, has lead to the steep rise in the property values here. 


Building bye laws are introduced to regulate construction activities, to prevent construction of buildings in a haphazard manner and to provide better civic amenities. Zoning regulations are also introduced with the same motive and to regulate the land use, control of density of population and to develop the city in an orderly way. However, these building bye-laws and zonal regulations are not strictly followed by the people presumably on the ground that the restrictions imposed are nothing but hindrance in exploitation of the property to the full extent and thereby they construct their buildings at their will. In so doing, they do not mind to forego certain prescribed civic amenities such as having broader roads, playgrounds, parks and other civic amenities.

Broadly, we may classify the violations into three categories viz., violation of Floor Area ratio, violation of site set back and violation of plot coverage. Violation of any one of these three violations would deprive the land owner of completion certificate.


Floor Area Ratio (F.A.R) is prescribed separately for intensely developed area, moderately developed area and sparsely developed area. Earlier, F.A.R. used to be high in more intensely developed central areas in view of land values and lower F.A.R. in the suburbs where land values are less. But presently it is on the reverse pattern and the policy is to fix less F.A.R. in the central area to enable decongestant and higher F.A.R in the suburbs to encourage development where the traffic and other problems are less.

Non-adherence of sanction plan restrictions and set back

The building bye-laws prescribe for certain set backs on sides of the building to facilitate the people to have proper light, ventilation, privacy and to save them from dust and traffic noise. While framing the building bye-laws, the civic authorities also keep in mind the future land requirements for broadening roads. It is noticed that people violate building bye-laws by way of additional floor construction, site set back construction, providing stair case on the site set back area, balcony area to be converted into living rooms. 



The Zonal Regulations of the Comprehensive Development Plan of Bangalore prescribe different land uses like; residential, commercial, land for civic amenities etc., for systematic development of the locality. But, it is noticed that the residential buildings situated along the main roads and the roads nearer to commercial area are developed and utilized as commercial property. Even several industries also do crop up in these localities in gross violation of zonal regulations. Similarly, residential or commercial buildings do crop up in civic amenities sites meant for parks, play grounds, schools, green belt areas etc. 

Sanction Plan for additional constructions


If a part of the building is constructed with deviations, the owners of such property hesitate to approach the plan sanctioning authorities whenever they intend to put up further construction on the property for approval of sanction plans for the reason that deviations will be noticed during inspection by these authorities and thereby proceed to make further construction without the sanction plan. Such people try to develop rapport with the concerned municipal authorities and put up additional constructions without sanction plan. 

The reason for violation of building bye-laws and sanction plans by the people is that most of the land owners/builders want to exploit their land to an optimum extent because the residential and commercial properties do fetch high return. Presently, in Bangalore there is a steep rise in land value, say Rs.5,000/- per sq.ft. on an average. 

In a large number of cases, deviations and violations take place with the active support of the officials and the local politicians. Only in rare cases when it is brought to the notice of the competent authority of deviations, action would be initiated by the concerned authorities against which action the land owners knock the doors of the courts and in many such cases courts do grant stay. Thereupon, the building owners do enjoy the property for long period despite violation of the bye-laws since it would take long time for the court to dispose of the matter.


Violation of bye-laws, deviations of sanction plan, zonal regulations etc., cannot be allowed to be continued for long since it is an unhealthy trend. Therefore, the following suggestions may help in curbing violations of the bye-laws etc. 


The building byelaws and zonal regulations of the Comprehensive Development Plan should be user friendly and acceptable to the majority of the public. Further, the byelaws should not consist of too many technical jargons but should be simple to enable the common man to understand and follow. Byelaws should be suitable to the local conditions failing which there would be violation of such laws. 




When once user friendly building byelaws with simplified procedure for sanction of building plans are introduced, there should be deterrent punishment if the property owners deliberately deviate from the sanctioned plan or construct their buildings without the sanction of the competent authority. It may be kept in mind that unless strict enforcement of the zonal regulations and building bye-laws is carried out in letter and spirit, there is every likelihood of people violating even the user friendly bye laws.


Construction of a building generally takes not less than a year. During this time, frequent visit by the concerned area engineer and supervisor to find out whether the construction is according to sanction plan etc., would prevent violations of the regulations by the land owners. Instead of this, the municipal authorities conduct raids after several years of such construction putting the people to a great hardship and embarrassment. To avoid such a situation, strict enforcement of visit by the concerned engineer must be introduced and if any deviations are noticed later on, the concerned engineer should be made accountable for allowing such deviations and action initiated against him for dereliction of his official duty. 

Imposition of heavy penalty for deviations

As a one time relief, for the existing buildings all deviations in building bye-laws, plans and zonal regulations could be permitted with different slabs of penalty for such violations. The higher the violation, more the penalty. Once user friendly bye-laws are introduced, there should be no leniency whatsoever and every deviation should be punished with severe penalty. 

The building bye laws need revision whenever there is change in the C.D.P. of the city. The committee constituted to prepare the bye laws should comprise of not only the experts in the field but also the different sections of the public so that the matter could get debated from different angles before arriving at a conclusion. Thereupon, the draft bye laws should be circulated amongst the public to solicit the views and suggestions from people of different walks of life. The print and visual media can play a greater role in this regard. A team of technical officials consisting of town planners, architects, and civil engineers can be formed to educate the people on the need for adherence of the byelaws while at the same enlightening the public of the punishment for violations. Similarly, area committees consisting of revered citizens and the representative of the residents welfare associations may be constituted to monitor violations.

For More

Tuesday 27 September 2016

Tree Planting


                                                  Tree Planting

                                                          

To mitigate hazards due to global warming, tree planting is to be encouraged. Tree lovers are struggling hard to retain trees affected from road widening by Bruhat Bangalore Mahanagar Palike (BBMP). They are organizing agitations, preventing persons entrusted to cut trees, and arguing with BBMP authorities. This happened a few years back when BBMP commenced widening of Sankey Road by removal of well grown trees. Similar agitations were held for widening of Sampige Road and road along Bangalore Palace. The Sankey Road residents were even arrested and later released . Their interest is not to affect environment by removal of trees, is to be appreciated. Sankey Road residents are showing the way to residents of other parts of the city to protect trees in their respective localities. Such active citizens should be honoured for their good citizenship. Such devoted people should be elected as corp orators and legislators in the interest of improvement of the city. There should also be awareness for proper footpaths for use by pedestrians, pedestrian crossings, rejuvenation of vanishing lakes, etc.


BBMP may review its road widening program to see whether all the roads proposed for widening are required to be widened in view of the introduction of Metro Rail and proposal to take up Mono Rail networks, and bus transport as feeder service. Road traffic is expected to be less by about 40% after such multi-modal transportation is introduced. There is also a proposal by the Railways to introduce Suburban Rail to help the commuters. The efforts of some European cities is to create hardship for movement of private vehicles by prohibiting private vehicles in the central business district during peak hours, and levy of congestion tax for movement of private vehicles in the central area. The idea is to force the citizens to use mass transportation. But, we have to consider such policies only after effective provision of metro rail and mono rail net works and not till then. 

Some of the architects and builders interested in improving urban environment are providing vertical gardens in tall structures and on terraces. More and more instances of civic awareness are likely in future due to environmental degradation, global warming, etc. affecting living conditions. 

The good living conditions in earlier times with sincere administration in providing parks and tree planting for the benefit of people is mentioned herein. We have read in history books about the good administration by some rulers. It is mentioned among their achievements in the administration that the rulers formed avenues with trees and formed parks. The capital cities of the earlier rulers have roads with tree planting, good parks, landscaping, boulevards, public buildings with good landscaping, etc. Mysore, Delhi, Jaipur are examples of such cities. New Delhi developed by British rulers is an example of good roads with trees, parks, landscaping around heritage structures, etc. Moghul Kings contributed a lot for landscaping in their palaces and premises of heritage buildings. Even industrialists like Tatas have contributed to good tree planting in city like Jamshedpur. Hyder Ali developed Lal Bagh in Bangalore. During the Britishers rule, Cubbon Park was developed. Bangalore Palace area is another example of good tree cover around Palace building. Role of former army officers is to be appreciated for forming good cantonment areas providing wide roads with tree planting, parks and playgrounds, etc. Cities like; Bangalore, Belgaum etc, are examples of good urban development by army officers. Le Corbusier is remembered for his valuable contribution in the design of Chandigarh City where one third of the city area was used for forming parks, gardens, avenue trees, green strips, urban forestry, etc. Adequate provision for green spaces are made in Chandigarh for good environment.


In Singapore, green corridors are developed connecting parks and natural valleys. In Sao Paulo, Brazil, private sector is involved under public-private partnership to plant trees and monthly progress in tree planting reviewed. Such policies and programs are required to be introduced in large cities of India in the interest of improving environment.


BBMP has its own Horticulture Section . Most of the park areas reserved in BDA extensions and enforced in private layouts are lying as vacant spaces where debris and garbage are dumped. There are instances of encroachment also in the neglected park areas. BDA may develop the park areas before handing over its layouts and private layouts to BBMP for maintenance. 


The Horticulture Department and the Forest Department may also take up parks/mini forest projects in Bangalore to contribute towards bringing back the name of Garden City. Tree planting may be taken up in wider roads formed by BDA like Outer Ring Road and other roads.

In view of Global warming and indifferent weather conditions, serious action is necessary by civic agencies as well as private sector developers, builders, and Corporate companies to provide tree planting as much as possible in their projects.


The Karnataka High Court observed during November, 2014, that the state administration is not aware of the number of trees in Bangalore, how much green space is lost in the recent years to make way for high-rise buildings and infrastructure projects. The Honourable Court directed the State government to constitute a ‘Tree Authority’ under section 3 of the Karnataka Trees Preservation Act,1976. It was directed that the Authority has to closely examine every tree before it is fell. The aim is to ensure transparency, reduce air pollution, and maintain greenery. This was reported in Deccan Herald news paper dated 13-11-2014. It was mentioned in the press report that BBMP formed earlier two committees separately for Bangalore North Taluk and Bangalore South Taluk, but they have not met even once till date. Environmental experts commented that such lapses in governance is unfortunate. As the effects of Global warming is bad, Government should monitor actions by BBMP for improving greenery. 



Earlier, 15% of the layout area was reserved for parks and open spaces in BDA extensions as well as private layouts. But, in the Master Plan – 2015, the provision was reduced to 10%. Due to this, the result is more of concrete surfaces and less of open spaces. At least, the same percentage or more should have been maintained in the interest of mitigating the hazards of deteriorating environment. Why not they follow the example of Singapore, Kuala Lumpur, Sao Paulo in Brazil, and Chandigarh, etc. Master Plan-2031 which is under preparation by BDA , should make higher provision for parks and open spaces. It should be 15% of the layout area, this has to be ensured by Government while according approval to the Master Plan-2031. 



Parks

Boulevards

City roads and highways

Boundaries of playgrounds

Open spaces in public premises

Lands not fit for building purposes

Green Belt (Agricultural Zone)

Natural valley margins, and 

Apartments, and commercial complexes.

For More

Thursday 8 September 2016

PURCHASING A HOUSE




                                        PURCHASING A HOUSE 


                                                      

In the wake of taking a choice to purchase a home, the most importantly errand to be started is to ask yourself whether you are certain to purchase a house now. Truth be told, buying a house contain numerous a stage and is a procedure which is extensive. It is not the end-in itself subsequent to burning through cash and settling the house to be acquired. Other than making quest for a suitable house while paying attention to the counsel of well wishers and paying consideration on the few tips from family and companions, the method for buying a house includes both lawful and budgetary viewpoints. 

To talk about on the first point, one needs to finish whether now is it the best time to burn through cash for buy of a house or not. A House can positively guarantee a higher return, however everything we need is to pick the perfect time. One must be doubly certain in the matter of whether we can bear to take lodging credit, and assuming this is the case, to confirm the predominant rate of enthusiasm with aggressive Bankers/Financial Institutions and finish the advance sum subsequent to figuring the EMIs and the reimbursement limit. 

The strides that are unavoidably to be borne personality a primary concern, during the time spent purchasing a house are: 

1.Planning: You need act cool before taking a lodging credit. Initially you should make sure in the event that you are acquiring house for your own home or for monetary goal, i.e., to rent it out, in light of the fact that the choice would have huge significance in light of the goal of buying a house. 

From that point, you need to conclude which sort of property you might want to claim i.e., whether a private condo or an individual house, in light of the fact that the effect on such choice will be colossal with gratefulness and/or deterioration on the estimation of such property in the ensuing period. 

2.Margin Money: You must pool-up cash to have the capacity to contribute your edge cash. Advance from Bank or Financial Institution would be to the 90% of the quality just, leaving accordingly to make your commitment for the parity 10% sum. On the other hand, on the off chance that you can pay more sum towards your edge cash, then the weight of money related credit will be relatively less and you can get monetary advance for a littler period, or profit less sum as advance for a more drawn out period, contingent on your ability to reimburse either the likened regularly scheduled payments or some other method of reimbursement. 

3.Know your prerequisites: If you are obtaining house for own habitation, and after that make certain of your particulars. Keep elements like neighborhood, offices, industry worth and conceivable quality gratefulness later on. Instead of acquiring a pleasant looking house, you ought to see that the area having simple association with your office. Exchange quality gets a support when you purchase a house at a spot where there are possibilities of up and coming offices/improvement. 

4.Location hunt: You may need to confront undesirable consideration from shrewd components of the group. You should be watchful about selecting the range of the property. Look at the cop's history of the range and the area before deciding to purchase the property. Additionally, observe the structure of the property adequately with the goal that you can be certain of the preparatory components. 

5.Related expenses: Paying the initial installment and every month EMI are the essential costs you will need to remember while obtaining a house. In any case, there are other applicable costs that you must keep in musings while obtaining a house. These incorporate adjusting costs, upgrade costs, overhauling value, open costs and tax collection, and so on. Additionally, intermediary costs and bills like water and electric bill ought to likewise be kept in viewed. 

6.Verification of title deeds: Do not neglect to get checked and affirm the title of the property through hunt of legitimate records, ideally by a Lawyer managing Retail bequest property matters, before buying the property. It would make components simpler for you. Check the records given by the designer successfully, to ensure that there are no prosecutions included with the property, before concluding the arrangement.

For More

Wednesday 7 September 2016

MONO RAIL SYSTEM FOR BANGALORE



                                 MONO RAIL SYSTEM FOR BANGALORE 


                                                       


The Karnataka State Government announced in the legislature session during January, 2014 that suggestions will be invited from the stakeholders, non-governmental organizations, and the general public to introduce Mono Rail System in Bangalore. The facility as a feeder service is to see that commuters staying in far off areas will be able to reach metro stations, and continue their journey to their destinations. The Government is considering public- private partnership model for taking up the project. A few organizations interested in the project made presentations before the Chief minister who is keen to introduce this infrastructure facility. The proposal of Mono Rail is pending since the year 2005 without any action by the Government. For comfortable living and working, one of the important infrastructure essential is an efficient Rapid Rail Transit System in a large city like Bangalore with about ten million population. Bus transportation system will not be able to meet the heavy demand of commuters. Always there will be acute traffic congestion on roads, with about 300 traffic signals and 700 manned intersections, bad conditions of roads which are full of pot holes,pedestrian crossings, unscientific road humps etc. 


After delay of two to three decades to decide on the type of rapid transit system suitable for Bangalore, it was decided to take up Metro Rail, which is of high capacity compared to Mono Rail. Metro Rail System was taken up only on two corridors namely; East-west Corridor and North-South Corridor which intersect at Majestic area. The two metro Rail corridors do not cover all the localities of the City and as the First Stage itself is badly delayed , proposals were invited to provide a Mono Rail System as complementary service on corridors where Metro Rail service is not covered and as feeder service to Metro corridors. Metro Rail project was taken up by the public sector with a large investment of about Rs.11,609cr. The project cost in the present situation will be about Rs. 13,845 cr. 

Phase II of the Metro Rail Project was approved by the Government of India in its cabinet meeting held on 30-1-2014. The cost of the project is estimated to be Rs. 26,405.14 cr. It will take more than five years to complete and will not be ready before the year 2020. This opinion is based on the performance in the progress of Phase I Metro Rail Project so far. The citizens will have to bear the hazards of serious traffic congestion, road accident risk, dust, road diversions, one ways, due to Metro Rail work, etc till the Metro Rail and Mono Rail net works are completed i.e., upto year 2020. 


To avoid further large investment for Mono Rail Project, it was decided to take up the Project on public- private partnership Model. M/s Asian Infrastructure and Geodesic Techniques Pvt. Ltd. had submitted proposals earlier to the State Government on Mono Rail Project for Bangalore. The proposal worked out by them covered 59.1 km. The corridors suggested are as follows: 


Majestic- Race Course, Vidhana Soudha- Gandhinagar-


Wilson garden-Jayanagar III East Block-Dairy Circle- 

Audugodi- Koramangala II Block- Chikka Madiwala- 

HSR Layout- Agara lake, and Depot: 14.2 km. 


Wilson Garden- Banashankari-Mysore Road- and Majestic: 15.3 km.


Majestic- Rajaji nagar- Basaveshwara Nagar- Mahalakshmi

Layout- Yeshwantpur- Malleswaram- Sadashiva Nagar, 

and High Grounds : 15.0 km. 



Koramangala : 14.6 km.

-------------

Total 59.1 km

Width of Mono Rail corridor : 8.00 mtrs. 

Column size : 1.50 mtrs. X 0.9 mtr. 

Spacing of columns : 25 mtrs. 

Turning radius : 50 mtrs. 


Train : 8 cars of capacity 142 persons per coach. Coaches with rubber tyres run on a single beam in the center of the road. 


Frequency : 3.5 mins. to 7.5 mins.


Stations : 1.00 km to 1.50 km.

Standard elevation : 1 in 10 mtrs. 


Average speed : 28 to 30 km per hour. 


Capacity of Mono Rail : 5,000 to 30,000 persons during peak hour per 

direction. 

Cost of the Project : At the rates of 2005, Rs. 8,400 cr. 


The junction of metro and mono rails will pose structural design problems. Another problem is that the several fly overs that are being taken up to reduce the traffic congestion will come in the way of mono rail alignments and will complicate the construction. Transfer of commuters from one mode of transport to the other will have to be convenient. 

Mumbai has already provided Mono Rail System and commenced operation of the First Phase on 1-2-2014. The work implemented by Mumbai Metropolitan Regional Development Authority ( MMRDA) was commenced during the year 2009. This is the first Mono Rail in India , details of which are as follows : 


Total length covered : 19.54 km.


Length covered in First Phase : 8.9 km.


Three lakh commuters, who are now using Suburban Rail, buses, taxis, auto rikshaws, and private vehicles, are expected to travel in the Mono Rail system. In the corridor where Mono Rail system will operate, it will reduce 28,000 taxis, and 25,000 cars from the congested roads.


The air-conditioned Mono Rail trains will run at an average speed of 32 km per hour with a frequency of 6 to 9 minutes initially and 4 minutes later.


The two tracks are 9 to 11 mtrs. above the ground level on a single row of pillars. 


!8 stations will be on the route with escalators to help the elderly. 


Each train with 4 coaches will carry 2,300 passengers. 

Cost of the project is Rs. 3,000 cr.

For More

Tuesday 6 September 2016



                           Use Of New Technologies In Modern Buildings

                                                               
advo


The Indian economy is on the upward path and construction is one of the sectors where the brisk activity was going on just before the economic recession. Besides public infrastructure there is plenty of action on the way where new residential, commercial, industrial and institutional building complexes are under construction.

Traditionally builders have had to deal with many vendors and agencies for the coordination of different facets and technologies and the buildings and infrastructure then may have played just a peripheral part but it is no longer so. The traditional areas of focus have been material, quality, aesthetics, ergonomics and so on. The property developers are now vital to productivity, performance and efficiency of any organization. 

It is not surprising that today buildings are not looked at as brick and mortar edifices but as vital feature in improving the organizational productivity and to improve parameters such as comfort, efficiency, productivity etc. The improvement of these factors through various innovations will continuously lead to trends in the sector with corporate sector doing its best to boost competitiveness, productivity and sustainable functioning. The recent legislation for FDI in the construction sector will improve standards of construction to a greater extent.

Today majority of the office buildings are patterned to make a good work environment through good atmosphere, facilities for recreation such as gyms, sports etc. Nothing is too much for companies to do for maximizing the output from people, their human resources. Apart from giving comfortable and conducive surroundings, buildings are being made according to ‘resource efficiency’ for main parameters such as power and water consumption not only from a commercial point of view but also from the point of view of conserving the resources and the environment. Half of the energy used in a building is dedicated to create artificial indoor climate for cooling, ventilation and lighting. There is a continual focus on making ‘per person consumption of power’ as little as possible through technology and best practices. The focus is on choice of equipment, like chillers, motors, drives etc, using atmospheric conditions wherever possible, engaging energy and space efficient products, putting in sensor base ‘light’ management, engaging sophisticated Building Management Systems (BMS) to supervise key parameters like temperature and light. It needs a reliable power supply, proper lighting, comfort cooling, dust free area and security which will contribute towards making a conductive environment for work.

Things like ambience, comfort and experience are utilized to draw clients by using air conditioning, lighting, music, design and layout and some high-tech features. There is an integration of security, safety and fire protection to give detailed and incorporated building management systems.

Another sector in which the part played by building systems is always growing is leisure, recreation and entertainment. Shops have evolved into malls, multiplexes have sprung up from theatres and sports complexes and fitness centres are springing up in metros all over the land.

In many cases the changing part played by buildings can be seen. For example, in IT and Biotech Parks, R&D centres, call centres, etc these developments have come up very fast. Such service driven businesses in which the productivity of the organization is closely connected with the productivity of the people and their habitation are coming up. 

The life span of a building begins from the stage of design, goes on to construction, operation, upkeep, renovation and in the end either leads to reuse or pulling down. People rarely realize that ‘initial building costs’ only make up around two per cent of the full lifecycle expense of a property. The operations and maintenance make up another six per cent of the cost of a building’s life cycle and the remaining 92 per cent is attributable to costs associated with people.

There are greater demands in housing and residential complexes in design, aesthetic, comfort, lighting, energy efficiency and security. Inventive engineering and design, more efficient products, added solutions for electrics, heat and light, communications, etc for increasingly advanced management and control systems for buildings are required. The architecture also counts for the performance and efficiency such as heat load reduction, glazing, and space saving design and natural ventilation and lighting.


An integrated approach to provide a ‘single window’ offering platform for adoption and maintenance of electrical installations, fire protection, building automation and operation, maintenance and asset management services would be of great help to consumers.

For More

Thursday 1 September 2016

Decision on Under Valuation of property



                           Decision on Under Valuation of property

                                                     
      


The Hon'ble High Court of Madras in its judgment dated 07-01-2009 in Government of Tamil Nadu, Commercial Taxes (JI Department), and two others versus S. Jayalakshmi and others has, inter alia, made the following observations while deciding the issue of under valuation of property for purposes of payment of stamp duty : 

In AIR 1982 (Mad.) l38 - Collector of Nilgiris at Ootacamund vs. MIs. Mahavir Plantations Pte. Ltd., ithas been held that: 

" The valuation guidelines prepared by the Revenue Officials at the instance of the Board of Revenue were avowedly intended merely to assist the Sub-Registrars to find out, prima facie, whether the market value set out in the instruments had been set forth correctly " 

The learned Judge in the said decision has taken into consideration the judgment of a Division Bench of the Madras High Court reported in AIR 1974 (Mad.) 117 - State of Tamil Nadu vs. Chandrasekharan, which considered rationale behind Section 47-Aofthe Stamp Act. 

In the above said decision, the observations made are as follows:- 

" ... we are inclined to think that the object of the Amending Act being to avoid large scale evasion of stamp duty, it is not meant to be applied in a matter of fact fashion and in a haphazard way. Market value itself as we already mentioned, is a changing factor and will depend on various circumstances and matters relevant to the consideration. No exactitude is, in the nature of things possible. In working the Act, great caution should be taken in order that it may not work as an engine of oppression. 

Having regard to the object of the Act, we are inclined to think that normally the consideration stated as the market value in a given instrument brought for registration should be taken to be correct unless circumstances exists which suggest fraudulent evasion " 

In (1994)4 SCC 595 - Jawajeenagnatham vs. Revenue Divisional Officer, Adilabad, A.P. and others, it has been held by the Supreme Court that in respect of market value to be computed under Section 23 of the Land Acquisition Act, Basic Valuation Register maintained by the Registering Authority for collection of stamp duty, has no statutory foundation to determine the market value and the evidence of price fetched in comparable sale transaction, is generally accepted as the best method to determine the market value. 

In 1999 (2) L. W. 231 - M.Ponnusamy and others vs. The District Collector, Erode and others, the act of reference made to the Collector under Section 47-A(2) of the Indian Stamp Act after lapse of two years and retention of the sale deeds after completion of registration came up for consideration and it has been held as follows:- 

" .It is essential to point out that before registration, the Registering Authority has to record that he has reasons to believe that the value of the property has not been duly set forth in the instrument. Only after recording such reasons, the Registering Authority has to complete registration of the instrument in question and thereafter alone, he could refer the same to the Collector under Sub-Section (1) of Section 47-A of the Indian Stamp Act. Such is not the case of the respondents term. 

" To this extent, the function of the Registering Authority is quasi judicial in nature and he has to come to a conclusion that the market value of the property dealt under the document had not been truly set forth and after completion of registration, he could make a reference At least some reasons should be recorded and immediately after completion of registration or sooner thereafter, a reference has to be made under Sub-Section (1) of Section 47-Aofthe said Act." 

"What is required under Sub- Section (1) of Section 47-A of the Indian Stamp Act is that the Registering Authority had to come to a conclusion before registration that the market value of the property, dealt under the instrument of conveyance or release, has been under-valued and he should have entertained reasonable belief in this respect and also, he should have recorded such a reason. Immediately after recording such reason, he has to complete the registration and thereafter refer the instruments to the Collector in terms of Sub-Section (1) of Section 47-A of the Indian Stamp Act. " 

Further, in another case a Division Bench of Madras High Court has taken into consideration the decision reported in S.P. Padmavathi vs. The State of Tamil Nadu, [1997(II) CTC 617 (DB)] (cited supra) and held " In the absence of document or material produced to show that the documents in question have been undervalued, the Registering Officer cannot decide the same and apply provisions under Section 47 -A of the Indian Stamp Act without forming an independent decision " 

In 2006(4) L.W. 695 - The Sub Registrar, Adayar, Chennai vs. Canara Bank, Saidapet Branch and another, the question came up for consideration with regard to the calculation of stamp duty in respect of value of properties which were subject matter of a compromise decree as fixed and directed by the Court.

For More