Bombay high court raps people who buy homes without ground checks
MUMBAI: Slamming buyers who book flats in buildings constructed on spaces reserved for public amenities, and developers, the Bombay high court said, "people who buy homes without checking the development plan, it is their funeral".
The HC was hearing petitions by occupants of 20 Virar buildings that have come up on plots meant for a road and a playground. The petitioners have challenged the Vasai-Virar Municipal Corporation (VVMC)'s notices to raze their buildings at Vavtewadi in Phoolpada.
The occupants' advocates argued on April 9 that their clients bought the flats with registered agreements, they had permissions, banks granted them loans and property tax was recovered from them. But a bench of Justice Satyaranjan Dharmadhikari and Justice Burgess Colabawalla said they won't tolerate any construction or unauthorised activity at the site meant for a road and playground. They said occupants will have to make sacrifices. "You can't be selfish. We will not put you on road," said Justice Dharmadhikari, adding, "If a building is affecting DP that part will be slashed and cut."
4月9日，购房者的辩护律师辩称，他们的委托人购买这些公寓时签署了注册协议，他们拥有许可，银行向他们发放了贷款，并且缴纳了房产税。但是法官Satyaranjan Dharmadhikari和Burgess Colabawalla表示，他们不会?#24066;?#22312;道路及运动场用地上建房或进行任何未经授权的开发。他们表示，购房者将不得不做出牺牲。“你们不能太自私。我们不会让你们占道 。如果一栋建筑影响到道路及其他公共设施，那将予以拆除。”法官Dharmadhikari补充说
The bench has sought an undertaking from the developers-cum-landowners assuring that they will get the buildings vacated and rehabilitate occupants with families "in your property and not anybody's property within a timeframe". "If you don't do this, they will come with bulldozers and demolish all of them... We'll ensure amenities of the public come to the public. Nobody will even get an opportunity to dig their dirty nose in this," Justice Dharmadhikari warned. An advocate for landowners, 27 of them and few of whom are also developers, said he will file an undertaking on behalf of 25 persons. "In the event this project is not implemented within time schedule prescribed by this court, then, all consequences shall ensue, in the sense buildings which have come up can then be demolished to make DP Road and playground," said the bench. The matter will be heard on Monday.
译文来源：三泰虎 http://www.5763157.com/47452.html 译者：Jessica.Wu
Santosh - 2 hours ago -Follow
wow what a shame.. this HC dont even care who gave permit to construct the buildings. they dont want to chk during construction but at the end rap the buyers. shameless judge..
Jai Ho - India - 2 hours ago -Follow
HC should know that a systematic fraud is what CONgress had introduced since independence and continuing till Modi started reforms in system.
Navin Jain - 2 hours ago -Follow
What a shame...Instead of rapping the municipal corporation as to where was it when the buildings were being built, they are asking questions of the common man...No one wants to own up responsibility
Himanshu - 2 hours ago -Follow
that's great... so no responsibility on the local corporators, bmc, builder's associations, all the other govt dept, having all the powers...but still allow the whole irregular building to be erected ...nice
vishal Ambawale - 1 hour ago -Follow
Hahaha...everybody takes a dig on the common man these days...
Rene Fernandez - juffair - 2 hours ago -Follow
The HC should also punish all the corrupt who allowed such properties to be sold and prior to being built
pavan ingle - 1 hour ago -Follow
either buyers must get the market compensation or should b shifted to nearby place with free of cost.
Sudha - 2 hours ago -Follow
Common buyer does not have expertise in checking the documents. The lender with their legal team to check documents and confirm the legal and clear loans.
Mein CHOWIKIDAR nahi hoon - 1 hour ago -Follow
HC should bring builder to books..first rather than blame home buyer...
Sumit - Mumbai - 1 hour ago -Follow
Supreme Court, you better rap fraud builders than people who buy home with their hard earned money.
Raju Patel - Dubai, United Arab Emira - 1 hour ago -Follow
Shame on giving such Judgement. how will a common man know about such things also many must have take with home loans. did the banks check the legal procedure before giving Home loan. Are the builders told to repay. Will the Govt official be help Responsible?.... NO only common man will have to suffer.
Alok Arun - 1 hour ago -Follow
What about accountability of executive and Municipal corporation ?
Court should punish them also.
R - Gurgaon - 1 hour ago -Follow
As usual, victims are being blamed.
Chander - 1 hour ago -Follow
The buyer has to be more vigilant when investing their life savings in property. They should also check the Development plan and 7/12 to see that the land is not encumbered and is in the name of the builders or their partners before paying the down payment.
Ranjit Kr - 2 hours ago -Follow
home buyers are innocent people need more strict action on real estate mafia and construction companies who convert black money to white money and loot home buyers...
An - India - 2 hours ago -Follow
Buider& bank sanctionig loans are also responsible,pvt banks are running after prospective borrowers & sanction loan without checking papers.
municipal officers should be dusmissed & architect who prepared plan must also be punished.
Gang of Builder,architect ,municipal officers& bank officers are responsible
PorkiPigKiller - 16 mins ago -Follow
what sacrifice does the judge mean. It is not one or 2 rupees. It is lakhs of rupees. Imagine the plight of middle class people who would have applied for bank loan to buy house. Did the HC ask questions to municipality for giving permission to construct houses and collect property tax. This is how corruption is allowed to grow right from high courts. Here the responsibility has to be fixed on the govt officials who gave approval to build houses in development lands. The occupants should definitely go to Supreme court for this
Abhay Chitnis - 26 m
ins ago -Follow
Looks like honourable court doesn''t even understand that a lot of people in this country don''t understand legal technicalities. Secondly, was VVMC sleeping when buildings were coming up? Justice Dharmadhikari needs to understand that not all people are intelligent as him. Pathetic judiciary....
Vijay Sehgal - Ambala cantt - 1 hour ago -Follow
How can a builder sell a plot meant for road or park without government employee connivance? Hasn''t the Govt claimed registration tax ?
Sriram Medepalli - Thane - 1 hour ago -Follow
Vk - 1 hour ago -Follow
instead of shouting a buyers, the court should focus more in looking into why illegal construction happen in the first place.. Our system wether court or trade practices need to work more effectively and eradicate corruption. in Mumbai a 10 story building was brought up just in a matter of weeks If I remember correctly that too next to a police station some time in past.
Kabir - 1 hour ago -Follow
What is the responsibility of Municipalities? Whether they ware sleeping when Builders building house on the public land?
Sreenivason Chandrasekar - Chennai - 2 hours ago -Follow
if the court orders jailing of present corporation officials and a ten lakh penalty on corporation commissioner on non bailable warrants , the truth skeletons will stumble out.
Maitrey mehta - 2 hours ago -Follow
And people say Indian Judiciary is the best!
Truth Prevails - SA - 2 hours ago -Follow
Does JUSTICE PREVAIL? Judiciary CLOWNS should go after the Builder and Seller FIRST and the CORRUPT in the Govt. who approved it.