indian realty laws

Wednesday, April 25, 2007

Reliance seeks time to present its case on SEZ

The Reliance Industries-promoted Mumbai SEZ Pvt Ltd, which is developing a special economic zone (SEZ) over 10,000 hectares on the outskirts of Mumbai, has written to the central government for time to present their case before it.

It may be recalled that the EGoM, which has been constituted under the chairmanship of the external affairs minister earlier this month, had taken a decision to put a cap of 5,000 hectares on the size of SEZs. The EGoM also ruled that there will be no state government-sponsored land acquisition for SEZs.

These two decisions put the future of the two SEZs promoted by the Reliance Industries at Jhhajhar in Haryana and at Panvel near Mumbai in limbo.

Sources close to the development said, “The Mumbai SEZ Pvt Ltd has written to the Centre asking it to give time to make a presentation to show how the project is important for Mumbai, Maharashtra and country?s future.”

The company will also explain to the EGoM how the cap on the size is not feasible and why the state government?s help will be required in land acquisition, sources added.


Source : Business Standard

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Wednesday, April 18, 2007

SEZ's Size - Govt willing to be Flexible in Future but not now

SEZ's are once again back in the picture with "SEZ size" and "land acquiring" being the key issue. Government is willing to be flexible on the limit of 5,000 hectare land area of Special Economic Zones, but not now as decided by EGoM. Reliance will be heavily affected from the limit of 5,000 hectares as it is already acquiring land for two SEZs spread over 10,000 hectares each in Haryana and Maharashtra.

Another party that will be affected by the SEZ size policy is the Tata group, as they have to rethink on plans of setting up a special economic zone (SEZ) in Maharashtra, following the Centre’s recent policy intervention. The Tatas were on the verge of finalising its second SEZ at Sinnar near Nashik. The group is developing an SEZ at Gopalpur in Orissa.

Another jolt for the SEZ developers comes at a time when the Maharashtra Government decided to stop land acquisition by force and abide by the 5,000 hectare cap on SEZs. There will be no land acquisition by force for SEZs in Maharashtra and the Centre's revised policy on the issue would be implemented in the state of Maharashtra. Maharashtra government made it clear that they will follow the 5,000 hectare cap on SEZs as decided by the central goverment. Revised SEZ policy of the Central Government would be implemented "in toto" by the Congress-NCP government in Maharasthra, which accounts for maximum number out of the nearly 250 tax-free economic enclaves approved so far.

The limit put on the size of SEZs was one of the compromises reached at the last meet of Empowered Group of Ministers early this month that led to lifting freeze on them.

Source: Economic Times

Sunday, April 15, 2007

Master Plan with respect to demolitions & sealing

The Central Government has notified the Master Plan for 2021 on 7th February 2007, in exercise of powers under the Delhi Development Act, 1957.

In the context of present crisis with respect to demolitions, sealing, etc. the Master Plan addresses the concerns of the citizens as follows:


Mixed use

Retail shops have been allowed in residential plots on ground floor on mixed use streets and commercial activity on all floors on commercial streets/areas. In addition, small retail shops of upto 20 sqm have been allowed on ground floor, in residential areas, including group housing, A & B colonies, village abadis and unauthorized colonies. Clinics and dispensaries permissible within 20 sqm area in residential areas.

Commercial use existing prior to 1962 and commercial activity to the extent permitted in MPD 1962 has also been protected. Pre-1962 colonies have been equated to rehabilitation colonies within their respective categories.

Nursing Homes, Dispensaries, Clinics, Banks, Nursery Schools, Guest Houses, etc. have been permitted in residential plots subject to criteria of plot-size and Right of Way (ROW) of the road.

No restriction of plot-size and ROW for Nursing Homes, Clinics, Dispensaries and Pathology Labs in Walled City, Walled City extension, village abadis and unauthorised regularized colonies. Relaxation in minimum plot size to 100 sqm. for Nursing Homes, Clinics, Dispensaries, Pathology labs.

Existing schools in non-conforming areas have been given opportunity to continue during next 3 years, subject to regularization. Coaching centres and tuition centres made permissible in residential plots and those in non conforming area allowed to continue till end of May 2008.

List of Professionals who can operate from residential premises has been expanded. It now includes Lawyer, Doctor, Architect, Chartered Accountant, Engineer, Company Secretary, Cost and Works Accountant, Town Planner, Media Professionals, Documentary Film Makers.


Basements may be used for professional activity in Residential areas as well as for shops on notified mixed use/ commercial streets.


Housing

Floor Area Ratio and ground coverage have been substantially enhanced. With a view to providing more space for lower income strata of society, FAR has been enhanced from 225 to 350 for small plots.

Special Building Regulations have been proposed for Walled City, Walled City Extension, Unauthorized-regularized Colonies and Village Abadis keeping in view their historical and special character, subject to a height of 15 m, and punitive action to be precluded till then subject to registration within four months and submission of structural safety certificate within six months.

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