ARTICLES

BY erealto | 05-12-2018

Burj One

Burj One is a project of the Dhillon Group. It is one of the largest and recognised business company of North India. The group is known for its efforts in the fields of real estate, chemicals, entertainment, gaming, construction, Pepsi cola beverages, information and technology. The Group has a record and expertise to work with and establish joint venture concepts in India with multinational corporations from abroad. Burj one is an epitome of class and perfection, with exquisite and magnificent architectural design. Its offers ultra-modern luxurious way of living with elegance. Surrounded by lush green environment, it offers world class facilities coupled with elements of harmony. Exclusively designed for those who prefer luxurious and peaceful way of living, Burj One is an ideal option in tricity. With five-star facilities, Burj One renders you joy in every step of living. Burj One with an aesthetic architecture within the glass facade, it provides a charming way of living. The homes are a retreat in themselves. With a palatial space, the houses fulfil every unique need of yours. 13-storey magnificent building offering luxury living on every floor is all set to enhance your way of living life. Offering 3+1 (servant room) flats and penthouses, it is unmatched luxury in such an ideal location. Currently, one tower has been constructed and is ready to move in. 2nd tower is expected to come up in few years. CONNECTIVITY Burj One is built on 200 ft. Wide PR 7 road (Chandigarh International Airport Road). It is located on the GATEWAY to states of Punjab, Haryana, Himachal Pradesh, and the union territory of Chandigarh. With malls coming up in close proximity, and Mc Donald’s, Burger King, KFC, Walmart Best price, Metro, and hotels like Park Plaza and Radisson which are located nearby, makes Burj One a very lucrative place to live in. Travelling to Chandigarh, Panchkula, Mohali, Ambala, Rajpura from Burj One is very easier. Also, Chandigarh railway station is only 6 kilometres from the project. Also, Dhillon avenue plaza which is under construction, will offer a small retail plaza. INOX which is also under the Dhillon Group, offers recreation to the residents. AMENITIES • Integrated clubhouse at ground floor- indoor games, pool billiards table, small library • Gymnasium • Swimming pool • Home theatre- seating of only 8 people • 24X7 kitchen with in-room dining facility • Basement parking • Gated community Dhillon Burj One is a celebration of perfection easing out your life and making it all the more luxurious and happening.

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BY erealto | 05-12-2018

How to resolve a property dispute in india

Property is one of the most disputed legal issue in india . A property dispute refers to any legal dispute involving real property ,also known as real estate. Real property is immovable property attached directly to the land. Property disputes may involve the following parties , including but not limited to : • Neighbours • Landlords and tenants • Homeowners association • Government agencies • Trespassers • Family members • Property visitors Because of the potential numerosity of parties and disputes involving real property, property disputes make up a large portion of legal claims filed each year. In many cases, legal remedies may include a damages award to cover the plaintiff’s losses, or an injunction ordering one party to remedy a property defect or preventing a party from doing something on his or her property (such as building a spite fence). Common types of property disputes : • Illegal possession of property : Disputes may arise regarding the possession of property when it is claimed that a property is not possessed lawfully or if the person in possession of the property is not authorized to possess the same. The applicable laws in this matter are given below. An aggrieved person can intiate a lawsuit under the followings laws : 1. Transfer of Property Act , 1882 2. Indian contract Act , 1872 3. Indian succession Act , 1925 4. Hindu Succession Act , 1956 5. Muslim Succession Laws 6. Indian Evidence Act 7. Rent Control Laws 8. Land Revenue Act 9. Specific Relief Act , 1963 10. Code of Civil Procedure , 1908 in cases of trespass • Title Disputes : Any person or persons may challenge the registration of a property in the name of another person or persons. Having title to a piece of property generally means that a person actually owns the property described on the deed . In these types of disputes the following laws are applicable : 1. Transfer of Property Act , 1882 2. Indian Contract Act , 1872 3. Indian Succession Act , 1925 4. Hindu Succession Act , 1956 5. Muslim Succession Laws 6. Rent Control Laws 7. Registration Act , 1908 • Rental Disputes : Landlords and tenants disputes regarding possession of property , rent dues or terms and conditions of the rental agreement. An aggrieved party can bring a legal action against other party under the following laws : 1. Rental Control Laws 2. Indian Contract Act , 1872 • Contractual Disputes : Disputes between two parties who entered into an agreement or signed a contract for use , sale , transfer , development , etc. , of an immovable property will be contractual disputes. The following laws are applicable in these type of disputes : 1. Indian Contract Act, 1872 2. Specific Relief Act , 1963 • Disputes with cooperative societies : Disputes between owners of flat or buildings within a cooperative society and the society regarding non-payment of dues , non recognition by the society of the member’s right / demands , allegation by member of mismanagement of the society , etc . In these matters the aggrieved party can intiate lawsuit under the following laws: 1. Specific Relief Act , 1963 2. Cooperatives Society Act of the concerned state • Dispute between buyers and developers : Allegations by buyers of property about misleading or cheating by builders or allegations by buyers about non- delivery or delayed delivery of property by builders with or without claiming compensation , not conveying the title to the land to the society etc. In this situation the victim party can brings a lawsuit against the other party under the followings laws : 1. Specific Relief Act , 1963 2. Transfer Of Property Act , 1882 3. Consumer Protection Act , 1986 • Disputes between borrowers and banks : Disputes about the validity of the mortgages created , amount claimed by the bank from the debtors / guarantors , possession taken / to be taken by the bank and / or disposal of the property by the bank for non – payment of dues by the borrowers. The followings laws are applicable in these type of matters : 1. Banking Ombudsman Scheme 2. Consumer Forums Mechanisms 3. Transfer Of Property Act , 1882 4. SARFAESI Act 5. Stamp Act , 1899 6. Registration Act , 1908 • Dispute between developer and Local Civic authority like Municipal corporation , Jal Board , Electricity Board etc. : Local authorities objecting to developer’s inability to adhere to rules and regulations as specified in the master plans or terms of approval given to the builder. Disputes may also arise due to denial of necessary permissions to the developers without valid reasons . In there type of circumstances an aggrieved party can approach the court of law under followings laws : 1. Indian Contract Act , 1872 2. Right to Information Act , 2005 • Execution suit : One of the unsavory events arising during a property transaction can be when the vendor of a property who initially had agreed to sell his / her property to the purchaser at an agreed sale consideration , changes his /her track. The party that is affected i.e. the purchaser has every right to file a suit against the vendor for specific performance of the agreement. If the court finds the claim valid , it may adjudicate and pass an order for execution of the sale deed in favour of the purchaser. The lawsuit can be initiated under the following laws : 1. Indian Contract Act,1872 • Declaratory suit : Suit for situation where title to the property is challenged or found to be questionable or defective. The circumstances makes it necessary to get an order from the court on the title by filing a declaratory suit in a court of law. One can file a suit under the followings laws : 1. Transfer Of Property Act , 1882 • Partition suits : This will prevent the illegal occupant of the property from interfering with the possession and occupation of the property by its rightful owner. The partition suit can be filed under the following law : 1. Transfer Of Property Act , 1882 • Money Suits : If one has lent money on the security of an immovable property by way of mortgage , and wants to realize it , he /she may have to file a suit for recovery of the money due from the mortgagor. If that fails to m aterialize ,he /she may sell the property mortgaged for realizing the money. One can initiate legal proceedings under the following laws : 1. Rules and regulations related to mortgages. • Disputes between quasi- judicial authorities : There are different types of litigations concerning land revenue , land acquisitions , title document , etc. which are heard and disposed of by several quasi –judicial authorities . • Writ jurisdiction : Writ jurisdiction may be invoked against the decisions of the government affecting one’s property rights by filing a writ petition in the High Court concerned or in the Supreme Court for appropriate relief . If you are a customer of eRealto.com then the company will provide you free legal aid through its legal department about any property concern .

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BY erealto | 05-12-2018

Benefits of Mega Projects Schemes

Megaprojects attract a lot of public attention because of substantial impacts on communities , environment , and budgets , and the high costs involved. Megaprojects can also be defined as “initiatives that are physical , very expensive and public.” The Punjab Govt. launches the guidelines of different types of mega projects. The categories of mega projects are given below : • Manufacturing projects • Mega industrial parks projects • Mega multiplex projects • Mega hotel projects • Agri mega projects • Mega housing projects • Super mega projects Manufacturing projects : Manufacturing projects cover many disciplines ranging from power generation plants to mining and printing facilities. Below are several examples of manufacturing projects : • IT projects • ITEs projects • Bio-technology • Electronics projects • Garment manufacturing units Concessions for these projects : • Exemption from electricity duty upto 5% for five years. • Exemption from stamp duty as levied in Schedule 1-A of Indian Stamp Duty Act , on purchase /lease of land. • Exemption from Advance Consumption Deposit in case of expansion projects , provided consumption does not exceed from the present level. Advance consumption deposit means : deposit as a security to cover the estimated power consumption charges for two billing cycles. Mega industrial parks projects : Mega industrial parks projects include the different areas like: 1. non- industrial area of the park upon which the multi-speciality hospitals , engineering , medical and management college can be set up . 2. Commercial area of the park on which hotels may be set up . Concessions for these projects : Concession may be divided into two categories :- a. Fiscal b. Non-fiscal Fiscal concession : 1. As per the industrial policy 2003, exemption will be granted from stamp duty as levied in Schedule 1-A of Indian Stamp Duty ACT and registration fee on first sale /transfer of built up space of the units or land in-side the project area. Such exemption shall extend to the project area upto first sale of developed area /plot /built up space to any party by them or to any of its affiliates. There shall be no stamp duty on lease instrument of units located in the project area. Such exemption shall remain operative till the completion of the entire project as per the agreement. 2. Exemption from electricity duty upto 5% for 5 years shall be allowed from the date of release of connection by electricity board. This concession shall be admissible only to the developer of the project during its construction period and also to such portion of the property which is retained by the developer. This will not be admissible to the subsequent purchaser /lessee/franchise etc. of the property within the industrial park , unless , however , his unit is a mega unit in its own right duly approved by the empowered committee. 3. The land use change in the area falling under the periphery of chandigarh governed by the Punjab New Capital (periphery) Control Act , 1952 and the Periphery policy notified by the State Government on 20/01/2006, Local Planning areas and Controlled Areas declared under the Punjab Regional Planning and Town Development ACT , 1995 and any other area in the State of Punjab , shall be allowed without any licence fees and land use charges levied by the Housing and Urban Development Department in accordance with the land use plan of the planning areas and in accordance with the Periphery Policy and any other policy , rules & instructions issued by the Government of Punjab. However , if any or whole part of land of the project area in not covered in any master plan or planning zone under the Punjab Regional & Town Development Act , 1995 , the land use thereof shall not be changed or amended later on and shall be incorporated as such and included in any future master plan or zoning which shall be prepared under the above ACT. 4. In case of Industrial Parks coming up on industrial land , self acquired or allotted by the Government or any of its agencies , the conversion may be allowed in accordance with the policy for change of land use dated 04/03/2005 as amended from time to time , on payment of charges as fixed by Department of Housing & Urban Development. However , the promoter will have option to surrender 50% land converted to non- industrial use fee of cost back to the industries department or the authority that originally allotted the land in lieu of conversion charges as provided in the Policy dated 04/03/2005. 5. The state government shall ensure that the connectivity to power , roads , accessibility , communication , civic and other infrastructure upto project is provided within 240 days from the date the same is applied for to the concerned department / agency / authority / local body on fulfillment of various terms and conditions required in this regard at such rates /fee etc which shall not be less favourable to them compared to similarly placed projects / customers. However , the proportionate cost of any infrastructure upgradation of the area where industrial park is proposed to be set up , incurred by the concerned Municipal Corporation / Committee / Department or Agency shall be borne by the promoter. Non-fiscal : 1. Permission under the provisons of Punjab Mines & Mineral Act shall be allowed within the project area for works relating development of the project. However , due charges as may be applicable under the relevant law will be payable. 2. High-rise buildings uptp 45 mtrs. Shall be allowed subject to Air Safety Regulations , Traffic Circulation , Fire Safety norms and parking norms as provided in the building byelaws. 3. FAR of 2 shall be allowed for industrial and commercial purpose FAR of 1.5 for residential plotted and FAR of 2 for group housing and FAR of 2 shall be allowed for institutions. However , the relevant building bye-laws/regulations shall be applicable to the area. The guidelines issued by the Department of Industries & Commerce for Industrial Parks vide its notification dated 25/05/2005 as amended from time to time , shall also be applicable. 4. The project of Industrial park shall be exempted from PAPR Act , 1955. However , the layout and zoning plan shall be be got cleared /approved from the competent authority which shall be deemed to be a license under PAPR Act 1995. The building plans shall also be got cleared from competent authority under the relevant law applicable in the areas. 5. State government shall allow the company to connect the project are to the state transport network. The state government shall also allow them to operate their own public transport system within the project area and also for connecting the project area to the main urban centre nearest to the project area subject to the fulfilment of required terms and conditions in this regard. 6. The state government shall not allow the hazardous industry as defined under Factories Act within 500 meters of the project area and industrial plots within the industrial park shall also not have any hazardous industry. 7. Pollution control board shall grant NOC and consent to operate to the Green Category Industry to be located in the industrial park in 30 days on fulfilment of all the required terms and conditions. 8. The department of industries shall be single nodel agency for facilitating the project and getting clearances etc. required for the unit for the project and the project area will also get resolved various issues which will relate to the government department or Punjab government public sector undertakings / authority / local body. Mega multiplex projects : The mega multiplex projects include the follwings : 1. Multiplex cinemas 2. Film studio 3. Mega shopping mall Concessions for these projects : Fiscal : 1. 100% exemption from entertainment tax for a period of 10 years. 2. 50% exemption in electricity duty at current rate for a period of 5 years from the date of release of connection by electricity board for the project of multiplex. This concession shall be admissible only to the developer of the project during its construction period and also to such portion of the property which is retained by the developer. This will not be admissible to the subsequent purchaser /lessee/franchise etc. of the property within the multiplex complex. 3. Freedom to fix ticket rates in relaxation of Punjab cinema (regulations)rules, 1952 as provided in the notification dated 08/09/2003 issued under the industrial policy , 2003. 4. Power tariff rates as applicable to industry will be applicable , subject to approval of the Punjab state electricity regulatory commission as provided in the notification dated 08/09/2003 issued under the industrial policy , 2003. 5. No transfer fee except stamp duty shall be leviable on the first sale of shopping area by the developer of the multiplex. Non-fiscal : 1. FAR of 3 , ground coverage of 50% and height uptp 45 metrs. Subject to Air safety regulation , traffic circulation , fire safety norms and parking norms . 2. Exclusive of basement from FAR for parking only atrium area to be counted once at ground floor level for the purpose of FAR . 3. Licence for hotel , restaurant and pub/bar to be granted by concerned departments . 4. Conversion of land use will be allowed by the department of housing and urban development from agriculture to proposed use on payment of conversion charges and in accordance with periphery policy or any other policy framed by the state government. In case of industrial land , self acquired or allotted by the state government or any of its agencies , the conversion will be allowed by the department of industries in accordance with policy for change of land use notified on 04/03/2005 or any other policy framed in this regard by the state government. If the land use is allowed , the existing allottee shall have to pay conversion charges as fixed by the department of housing & urban development from time to time. In lieu of conversion charges, the allottee will have an option to surrender equivalent land free of cost from same plot to the authority that originally allotted land. Such land would have equivalent or better road front and access compared to the land meant for Multiplex. The authority will be free to use the land so surrendered for commercial or any other purpose and the returns therefore will be deposited in the Industrial Infrastructure Development Fund. Relaxation under Shops & Commercial Establishment Act by the Labour Department to permit 24 hour operation. The project shall be exempted from PAPR Act, 1995 to the extent of obtaining the licence. Approval of layout and Building Plans by competent authority shall be deemed to be a licence under PAPR Act, 1995. However rest of provisions as Licencee under PAPR Act, shall be applicable, as if a licence has been issued under the PAPR Act, 1995. Mega hotel projects : The mega hotels come under this category. Concessions for these projects : Fiscal Exemption from electricity duty upto 5% for a period of 5 years from the date of release of connection by Electricity Board for the project of Hotel. Non-fiscal 1. FAR of 3, ground coverage of 50% and height upto 45 mtrs. subject to Air Safety Regulation, Traffic Circulation, fire Safety norms and parking norms as per applicable byelaws. Atrium area to be counted once at ground floor level for the purpose of FAR. 2. Relaxation under Shops & Commercial Establishment Act by the Labour Department to permit 24 hour operation. Agri mega projects : Agricultural projects come under this category. Concessions for these projects : Fiscal 1. 100% exemption from payment of Mandi Fee, Rural Development Fee and Infrastructure Cess on purchase of fruits & vegetables directly from farmers for processing by the unit for 10 years. 2. 75% exemption from payment of Mandi Fee, Rural Development Fee and Infrastructure Cess on purchase of non-FCI grade foodgrains, barley and maize (except custom milling of paddy) directly from farmers for processing by the unit for a period of 10 years. 3. Exemption from basic stamp duty at the current applicable rate on purchase of land for the designated purpose. 4. Declaration of factory premises of the unit as private Mandi yard and permission for direct purchase of foodgrains/maize/ barley/ fruits/ vegetables required for processing by the unit. 5. 100% exemption on electricity duty on captive consumption of power generated by the unit. 6. 50% exemption on electricity duty on purchase of power from Electricity board for 5 years from the date of release of connection. 7. Link Advance Consumption Deposit with the actual consumption of power. However, in the first instance, the unit will deposit ACD at applicable rates. 8. Supply of power as per normal rates available to continuous processing industry. However, the unit will pay nominal peak load charges. Facilitation 1. Sanction of power connection by Punjab State Electricity Board within a stipulated period of 60 days from date of filing of application with them. 2. Single window clearances for pollution/environment, change of land use, and sanction of buildings and all architectural plans. 3. Last mile connectivity in respect of metalled road and street lighting from main road to the project site. 4. Issuance of License on Fast Tract for brewing of Beer and Distillation of Grain alcohol. 5. Treating Agri Mega Projects on par with the IT industry regarding working hours by Department of Labour. 6. Allotment of land wherever Panchayats are willing, as per the policy of Department of Rural Development and Panchayats. Above concessions may be given as a matter of practice in each case. Additional concessions may be considered by the Empowered Committee keeping in view the nature and special circumstances and the size of the project. Mega housing projects : Concessions for these projects : The provision contained in Section 5(9) of PAPR Act, 1995 shall be complied with. 1. The layout/zoning plan shall be got cleared / approved from the prescribed authority under PAPR Act, 1995. Subsequently, the building plans shall also be got cleared from the prescribed authority under the Punjab Urban Planning Development Authority Building rules, 1995. In case the project falls within any Municipal area, relevant Municipal Laws and Building Rules shall be applicable and Building Plans shall be approved by the Prescribed Authority under these law rules. However, all such clearances may be given by the prescribed authority within 30 days. The clearance/approval so given may be in accordance with any relaxation granted by the Committee. 2. The land use change may be allowed by the Housing and Urban Development Department within 30 days as per the Master Plan/Draft Master Plan of the relevant area and as per standard Town Planning practice. In case of land falling under Periphery Controlled Area, land use change may only be allowed in accordance with the Periphery Policy of the State Government and in accordance with the draft Zoning/ Layout Plan and Master Plan of the Local Planning Areas. 3. State Govt. may acquire land as per provisions of the Land Acquisition Act, 1894 on requests by the company at their cost subject to the condition that such acquisition shall be limited to only 10% of total area of the project only to fill the critical gaps. The acquisition may be carried out as per the existing policy of the department of Housing & Urban Development and by their Land Acquisition Collector. 4. The State Govt. may ensure that connectivity to power, roads accessibility, communication, civic and other infrastructure up to project is provided within 240 days from the date the same is applied for to the concerned department/agency/authority/local body on fulfillment of various terms and conditions required in this regard at such rate/fee etc. which shall not be less favourable to them compared to similarly placed projects/customers. 5. High-rise buildings may be allowed subject to clearance from Air Safety Regulations, Fire Safety norms and Traffic Movement. 6. Permission under the provisions of Punjab Mines and Mineral Act may be allowed within the project area for the works pertaining to development of the project on payment of requisite charges. 7. Permission under the Punjab State Tube well Act, 1954 to dig tube well in the project are for the requirement of the project may be allowed. 8. The State Govt. may extend the facility of Public Transport system being run by any State Govt. agency to the project area. The State Govt. may also allow them to operate their own public transport system within the project area and also for connecting the project area to the main urban centres nearest to the project area subject to the fulfillment of required terms and conditions in this regard. 9. The State Govt. may not allow Polluting Industries in the periphery of the project area up to the distance prescribed by PPCB. 10. The State Govt. may assist them in getting any other facility or requirement for the development of the project. Incentives to super mega projects : a. Exemption from stamp duty as leviable in Schedule 1A of the Indian Stamp Duty Act and registration charges on first sale/lease of developed area and building up spaces. b. No CLU charges will be levied on the industrial component of the park. However , the developer will pay CLU charges on the residential and commercial components as applicable to the residential plotted categorty. c. In case of category A projects , the projects will be approved irrespective of its land use position in the draft master plan or in or outside the local planning area , till the master plan is finalized. The master plan will be prepared or amended keeping in view the approved project of this size after following the due procedure. d. The project land , where CLU has already been granted as part or whole of a project will not be included in the future super mega industrial parks projects . e. If a promoter proposes to implement a lower category of project , for example 250 acres project , he will be entitled to the benefits being granted to the promoter of that size of the project. If however , he adds another 250 acres of land , he will be granted the incentives for A category project for the entire area of the project. These benefits will however be extended only if the additional land is contiguous to the already implemented /sanctioned project. However , on a different location , if the developer sets up another project , he shall be allowed concession on license/permission fee applicable to the project of one category higher than the project proposed but no extra concession on EDC of the category higher will be given i.e if developer has set up a project of A category anywhere in Punjab and he also sets up project of C category elsewhere in Punjab , then in case of C category project , he wil get the concession of license fee for category B but on EDC he will get the concession of category C only. The excess payment already made on account of CLI , EDC and licence fee for the implemented /sanctioned project will be accordingly adjusted against the future payments. However , the entire project including the extended area should be set up in 60 months from the date of signing of agreement with the state government for intial project. f. The rates of EDC , license fee and CLU charges will be as per the different components in the park and depending upon the potential zone in which the park falls. Where a piece of land falls in more than one potential category , the proportionate rate of fiscal charges for each category shall be apply.

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