If you read the head lines then they too go along with the joke as it says "Finally builders are under tight noose of law" or “Here comes the control tool over the builders" or " Now the common man can breathe happily from builders grip". My my! Is this bill for an industry creating 2nd largest employment as well turnover in the Countries financial growth or for controlling some gangsters running their racket! Agreed there have been some nasty examples about land grabbing as well illegality in land deals but at the same time thousands of people are living in their homes at peace & daily there are hundreds of deals happening with both sides happily entering in to agreement of real estate is a fact too! Here many will say what both sides? In real estate there is only one side & that’s builders! Well may be a truth but partial. My write up or columns are never to justify builders act as that’s a social crime in this city as well in our country! Leave the sarcasticness in my statement yet any business has not only two sides but many of them & especially this Industry though its not even acknowledged as Industry yet for the sake of writing I am considering real estate as an Industry. The kind of exposure to various laws as well Govt NOC's this industry has to undergo is simply incomparable with any other Industry! And if you see any of the NOC's or condition every Govt agency or public body puts in them, it's clear that they wants all benefits from the growth of real estate segment but don’t want any responsibility or burden on them!
I can give hundreds of such example & simplest is any local authority sanctions plan of new building have all the premiums, development charges for the same & yet get an undertaking from the developer that water, drainage, road ,electricity etc every thing will be his responsibility! What kind of deal this is & who is going to have regulatory bill on such kind of sanctioning? Take a look the way any city's real estate is growing & compare the same with infrastructure around, even a five year kid can tell the gap & then we tag builders with all names for not being able to give adequate facilities to the residents but have we ever thought of who is actually lacking in the job! Then there is always allegations about the various fronts where builders are non transparent ,one of them is area especially salable area. Then let me clear MOFA i.e. Maharashtra Ownership Flat Act makes it mandatory to mention carpet area in every agreement, so there is no question of hiding it. If any developer is not mentioning it then its flat purchasers duty to ask him so! Unfortunately we are more clever or keen in purchasing even vegetables but when it comes to purchase of own home we are least bothered about such technical aspects neither seeks guidance from any experienced person! Here also see the differences on stance taken by authorities about the area norms, mostly all governing bodies like PMC/Town planning recognizes FSI which is built up area without balcony or terrace & accepts premiums on the same & at the same time they charge premiums on balconies, terraces, staircase, lift rooms & even parking! The revenue department also considers stamp duty of built up area considering all these, then where is question of challenging salable area & painting builders at fault for not using just carpet area while selling?
If we want to regulate something it can’t be one way! We have to get all the agencies & builders on one scale first then only we can expect fair practices is what I feel. Again I repeat this column is to discuss the regulatory bill but before that we should know the ground reality about the situation around so I elaborated this point. Basically the regulatory bill was to make the things very plain & strait for a common man who wants to buy a home for himself. Presently as I mentioned above there is MOFA as well MRTP act i.e. Maharashtra Regional Town Planning Act to govern the real estate development. But both the laws are quite old, MOFA has been drafted 1963 when as the quote says the term builder wasn’t present & required lot of amendments pertaining to the today’s life needs as well demands. Then again a lot was required to clear the discrepancies between the procedures followed by the industry as this is the most unorganized segment is a fact. So obliviously the first need was to identify the specie calling themselves as developer! Lets see what difference this particular act has in compare to its earlier versions under different names.
Envo-Power Committee, Credai, Pune
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