Latest news with #TransferofDevelopmentRights
Hans India
26-05-2025
- Politics
- Hans India
Bangalore palace acquisition: K'taka govt moves to CJI bench over direction to release TDR to Mysuru royal family
The Karnataka government has filed an application before the bench headed by the Chief Justice of India, challenging the grant of the Transferable Development Rights (TDR) certificates to the members of the Mysuru royal family in connection with the acquisition of 15 acres of Bangalore Palace Grounds. The bench headed by Justice M.M. Sundresh and Justice Aravind Kumar had given the order in this regard on May 22. The bench has directed the issuance of TDRs worth Rs 3,000 crores for 15 acres of Palace Grounds property acquired for the road-widening project in Bengaluru. Senior counsel Kapil Sibal, representing the Karnataka government, pleaded with the bench to list the matter urgently. The Chief Justice of India, B.R. Gavai, agreed to take up the matter on Tuesday. Kapil Sibal argued that Transfer of Development Rights (TDR) can only be granted based on a legal amendment that was passed in 2004. Therefore, it should not be applied to cases or events that happened before 2004. He further stated, "This issue is related to a law passed by the Karnataka legislature in 1996 concerning the acquisition of Palace Grounds in Bengaluru. As part of that acquisition, the compensation amount was fixed at Rs 11 crore. This was challenged before the High Court, and it upheld the Act. Afterwards, the matter came before the Supreme Court in 1997, and it's been pending for 28 years.' The other side is demanding compensation. The government maintained that the TDR rights couldn't be given as the TDR came into place in 2004. The land acquisition of the Palace Grounds was made in 1996. The counsel representing the royal family submitted that the TDRs were already handed over last Friday. The Chief Justice of India questioned whether it is appropriate or legally valid for one bench of judges to review or overturn a decision made by another bench of the same court. Senior counsel Kapil Sibal clarified that he is not asking for a review of the decision and questioned whether a provision of law can apply retrospectively. The Karnataka Cabinet, chaired by Chief Minister Siddaramaiah, has decided to utilise and control the land attached to the Bengaluru Palace Grounds located in the heart of Bengaluru city on January 30. Minister for Law and Parliamentary Affairs H.K. Patil said that the Supreme Court order on December 10, 2024, asking the government to compensate for 15 acres of land of the Bengaluru Palace Grounds through Transferable Development Rights (TDR) has rendered the road expansion plan unviable. The payment of huge amounts as compensation is against the interest of the public and public policy. Earlier, Chief Minister Siddaramaiah had clarified that the government's decision to promulgate an ordinance to take over the prime property of Bengaluru Palace Grounds, owned by the Mysuru royal family, is not driven by enmity. Responding to the issue, Mysuru's Maharani Pramoda Devi Wadiyar had stated that if any injustice is done to them regarding the Bengaluru Palace matter, they will pursue a legal battle.
Hindustan Times
25-05-2025
- Politics
- Hindustan Times
Bengaluru's 114-km elevated corridor, tunnel road plan get push from K'taka government: DK Shivakumar
Karnataka Deputy Chief Minister DK Shivakumar on Saturday announced that the state government will soon invite tenders for Bengaluru's ambitious tunnel road project and highlighted progress on the construction of a 114-kilometre elevated corridor aimed at improving connectivity from Minister KJ George's constituency to Kempegowda International Airport. Also Read - Bengaluru Covid death: 84-year-old man with comorbidities dies after testing positive Addressing a press conference in Bengaluru, Shivakumar said the cabinet and police officials held detailed discussions earlier in the day regarding the tunnel road proposal. The first phase of the project will involve building a single tunnel, with careful planning of entry and exit points. 'The road should not go near the Vidhana Soudha,' he said, indicating the government's consideration for heritage preservation and security in the city's core areas. The Deputy CM also outlined timelines for other urban initiatives. He confirmed that the Greater Bengaluru Authority will become operational by September 15. A meeting has already been held to decide the number of civic corporations that will come under the new governing body. 'We are determined to resolve Bengaluru's urban challenges—from waterlogging to encroachments—backed by the necessary budget and administrative will,' he said. Also Read - Karnataka CM Siddaramaiah skips NITI Aayog meeting chaired by PM Modi in New Delhi. Here is why On the cultural front, Shivakumar unveiled plans to organise a grand Cauvery Aarti within 100 days, stating that ₹90 crore has been allocated for the programme. The Aarti will be held weekly on Fridays, Saturdays, and Sundays with participation from religious mutts across Karnataka. Artists are being commissioned to compose a devotional song celebrating unity, and Shivakumar has written to renowned music composers for collaboration. Turning to immediate civic concerns, the Deputy CM addressed rain-related damage in the city. He said water tankers are being deployed to flood-affected areas, and households where rainwater has entered will receive immediate relief of ₹10,000. On street vendor regulation, Shivakumar announced that all 26,000 registered vendors will be allowed to do business only in designated areas. 'They must set up shop and leave with their vehicles. Those who haven't registered yet should do so without delay,' he added. As part of a city-wide clean-up plan, abandoned vehicles on roads will be moved to a single yard. 'If unclaimed for 21 days, they will be auctioned,' he said. Shivakumar also highlighted progress in digitising city governance, announcing that all 25 lakh properties in Bengaluru will soon be integrated into the e-Khata system. 'This effort has already won a National e-Governance Award from the Centre,' he noted. He added that road widening projects will go ahead, and affected landowners will be compensated through Transfer of Development Rights (TDR). Telecom companies have also been asked to remove any optical fibre cables that violate city norms.
India Today
21-05-2025
- India Today
Senior IPS officer's husband arrested in Rs 24-crore cheating case in Mumbai
The Economic Offences Wing (EOW) of Mumbai Police has arrested Purushottam Chavan, husband of Rashmi Karandikar, a senior IPS officer posted in Mumbai, for allegedly cheating multiple individuals of Rs 24 crore. He is accused of cheating victims with promises of discounted flats in prime areas such as South Mumbai and Lower Parel under government was already in judicial custody for his involvement in a Rs 263 crore Income Tax return fraud case being investigated by the Enforcement Directorate (ED). On Tuesday, the EOW took his custody based on disclosures made by the FINDS FORGED DOCUMENTSLast year, the ED had arrested Chavan for accepting Rs 12 crore from accused individuals in the IT refund scam, promising to help them avoid arrest. During searches at his residence, the ED found multiple forged documents, including fake Transfer of Development Rights (TDR) papers and land deals valued at over Rs 100 crore. These documents were allegedly used to dupe potential property ED passed on these findings to Mumbai Police, leading to the registration of an FIR by the EOW and the current OF ED CASEIn July 2024, the ED attached assets worth Rs 14.02 crore under the Prevention of Money Laundering Act (PMLA) in the Rs 263 crore Income Tax refund scam. The attached properties included a flat in Mumbai belonging to Chavan, land in Lonavala and Khandala belonging to Rajesh Batreja, bank balances, insurance policies and fixed deposits of others ED investigation was based on a CBI FIR against Tanaji Mandal Adhikari and others for generating fraudulent TDS refunds from the Income Tax a May 2024 search at the IPS officer's residence, ED officials recovered documents related to 14 flats in Mumbai and Thane, including two large flats in Worli. TDR documents for Mumbai and Pune were also seized. The total value of these assets is estimated at Rs 150 crore, with many believed to be benami properties. Most of the TDR documents were found to be OPERANDIAccording to the ED, Chavan had assured Rajesh Batreja, one of the main accused in the IT refund scam, of legal relief in return for Rs 12 crore. Chavan is accused of being in possession of part of the proceeds of the investigations revealed that Batreja, with the help of Anirudh Gandhi, helped Adhikari and others divert Rs 55.5 crore outside India. Some of this amount was later invested in Indian companies in Mumbai and Gurugram under the guise of share purchases through cross-border Batreja repatriated Rs 1.7 crore but subsequently, in collusion with Chavan, concealed the remaining amount in India and abroad through associates in far, five accused - Adhikari, Chavan, Bhushan Anant Patil, Rajesh Shantaram Shetty and Rajesh Batreja, have been arrested and are in judicial custody. A prosecution complaint was filed against Adhikari and 10 others on September 11, 2023, and has been taken up by the Special PMLA Court. The total value of attached or seized properties in the case now stands at approximately Rs 182 crore.
Hindustan Times
08-05-2025
- Business
- Hindustan Times
Over 25,000 buildings in Mumbai Metropolitan Region eligible for redevelopment with ₹30,000 cr value: CREDAI-MCHI
Over 25,000 buildings across the Mumbai Metropolitan Region (MMR) are eligible for redevelopment, with the total estimated project value exceeding ₹30,000 crore, according to a statement issued by real estate developers' apex body CREDAI-MCHI on May 8. The organisation emphasized that unlocking Mumbai's full redevelopment potential requires directly addressing viability issues. "Approval costs in Mumbai stand at ₹55,200 per square metre, significantly higher than ₹1,800 in Pune and ₹5,500 in Delhi. This highlights the disproportionately high development charges in the city," CREDAI-MCHI stated. The apex body was reacting to Bombay High Court's ruling that clarified that GST is not applicable where homeowners appoint a developer to carry out redevelopment work. The legal representatives of CREDAI-MCHI also said that the court merely ruled that GST on development rights is not payable under the reverse charge mechanism—it did not abolish the tax altogether. Also Read: Motilal Nagar Redevelopment: 5 things to know about Adani Group's latest acquisition in the Mumbai real estate market The legal representatives stated that developers remain exposed to legal and financial risk until the GST Council or a larger bench of the High Court gives a conclusive verdict. The Bombay High Court last month clarified that GST is not applicable to developers where homeowners appoint a developer to carry out redevelopment work, provided there is no sale or Transfer of Development Rights (TDR) or Floor Space Index (FSI). The court quashed the tax demand, noting that the agreement was purely for construction and did not involve any transfer of TDR or FSI. Harsh Shah, Partner, Economic Laws Practice (ELP)added, "The confusion around the GST treatment of development rights has resulted in a wave of litigations across the country—with cases pending in Bombay, Delhi, Gujarat, and Karnataka High Courts. The judgment by the Nagpur bench of the Bombay High Court has been misinterpreted in some quarters as a blanket exemption from GST, which is inaccurate." 'A clear and consistent interpretation of GST law, in line with the nature of redevelopment transactions, is essential to restore confidence in the sector,' Shah said. Also Read: Shahrukh Khan's sea-facing building on Mumbai's Carter Road may go in for redevelopment According to Rohit Jain, Deputy Managing Partner, Economic Laws Practice (ELP), "Developers today face up to four layers of GST—5% on sale to customers, 18% on transfer of development rights, 5% on units handed back to existing residents, and non-creditable GST on construction materials." Jain said, "These cascading taxes severely impact margins and slow down redevelopment. It is important to clarify that despite recent high court rulings, GST is still applicable—either under forward or reverse charge mechanisms—and the confusion in interpretation must be addressed urgently. "CREDAI-MCHI, along with several developers, has made detailed representations to the GST Council, and we hope for swift intervention to reclassify development rights as immovable property, which should not attract GST under prevailing laws," Jain said. Also Read: Dharavi Redevelopment: 5 highlights of the master plan and the ongoing survey "When you add layers of GST and regulatory ambiguity to that, projects simply do not take off. Solving these issues is not just about helping developers—it is about providing safer homes to thousands living in dilapidated buildings, improving urban infrastructure, and unlocking housing supply," said Sunny Bijlani, Joint Secretary, CREDAI-MCHI. "Fixing GST interpretation and aligning taxation to ground realities can significantly accelerate redevelopment. These are low-hanging fruits with massive economic and social impact, and we urge decision-makers to act swiftly," Bijlani said. The apex body concluded in the statement that the Bombay High Court judgment is expected to stimulate redevelopment in Mumbai,a city where vertical growth remains the most practical solution amid limited land availability and ageing infrastructure.
Hindustan Times
27-04-2025
- General
- Hindustan Times
State committee to launch drone survey to identify BDP encroachments
Even after two decades, the Pune Municipal Corporation (PMC) has failed to acquire any of the 976 hectares of land reserved for the Biodiversity Park (BDP) across 23 merged villages, except for a portion used for the Chandni Chowk flyover. A state government-appointed committee on Friday decided to carry out a drone survey to get a clear picture of encroachments on BDP areas. The reserved BDP land includes 124.45 hectares of government and 853.09 hectares of privately owned land. The BDP was planned to protect Pune's hilltops and slopes — often called the city's 'lungs' — but remains mostly a plan on paper. Illegal constructions and encroachments have continued to spread, with officials admitting that nearly 10% of the reserved land is already encroached upon. The state has appointed a committee, led by former IAS officer Ramanath Jha, to draft new development control regulations for these areas. The committee recently decided to conduct a drone survey to identify encroachments and assess the current situation. 'One of the decisions taken at Friday's meeting was to carry out a drone survey of BDP areas to figure out the extent of encroachments,' said a senior official from the PMC's building permission and development department requesting anonymity. According to PMC records, major anti-encroachment drives were carried out in 2000 and again in 2021. In 2020, about 16,000 square feet of illegal structures were demolished. In March 2021, the PMC issued around 200 notices for illegal constructions and cleared approximately 1.34 lakh square feet of encroachments, including sheds and RCC structures. The action was taken in Katraj (new and old limits), Ambegaon Budruk and Khurd, Yewalewadi, Dhayari, Hingne Khurd, Vadgaon Budruk and Khurd, Baner, Balewadi, Bavdhan, Kothrud, Warje, Bibwewadi, Kondhwa Khurd, Hadapsar (old limit), Wanowrie, and Parvati. The idea of a Biodiversity Park was first proposed in 1997 when 23 villages were merged into PMC limits. The 2002 draft Development Plan (DP) suggested protecting the hills under the BDP reservation. After political debates — with Congress and Shiv Sena supporting a fully green plan, and the Bharatiya Janata Party (BJP) and NCP favouring limited construction — the reservation was finally approved in 2005. However, bureaucratic delays pushed the government's formal approval of the BDP policy to 2015, with a compensation model introduced through Transfer of Development Rights (TDR). Landowners, however, rejected the TDR model, citing poor market rates and demanding cash compensation instead. PMC's slow progress and shortage of manpower allowed encroachments to thrive. Landowners, unable to legally develop or sell land due to restrictions, informally sold plots, leading to unauthorized constructions that continue despite periodic action. Civic activist Sudhir Kaka Kulkarni raised concerns over earlier flawed surveys, which had mistakenly placed BDP reservations on already developed residential areas, creating disputes. 'The survey will help identify encroachments, but the committee's decision afterwards is crucial. There is a risk that some landowners may be favoured,' Kulkarni said. He pointed out that two separate surveys — one by C-DAC and another by Monarch Surveyors and Engineering Consultants — had been conducted before including BDP reservations in the development plan. 'Which survey the committee considers as the baseline will also be critical,' he added. During the Covid-19 pandemic, PMC recorded a spike in encroachments on BDP land. After the lockdown, the building permission department cleared over 1 lakh square feet of illegal structures. Despite the action, the challenge persists largely because of dissatisfaction among landowners with TDR compensation, leading many to sell small plots informally.
