KMP E-WAY DELAY: BANKS THREATEN ACTION

KMP e-way delay: Banks threaten action

GURGAON, 2011-08-30: The KMP Expressway project seems to be heading for bigger trouble with the latest August-end deadline set to be missed again. The consortium of 11 banks for this project has written to the Haryana government that action might be initiated against the concessionaire if it doesn't expedite the work. According to the concessionaire, the 53-km "priority stretch" between Manesar and Palwal will now be completed by November. This is the 12th deadline for the first stretch. However, looking at the progress, officials in the Haryana government feel that even if construction is put in top gear, the first phase might get completed only by December. The unprecedented delays and innumerable missed deadlines despite the state and the client - the Haryana State Industrial and Infrastructure Development Corporation (HSIIDC) - extending all possible support have caused worry for the bankers. It is equally bad for the private developer - KMP Expressway Ltd, a subsidiary of DSC Ltd. According to estimates, the concessionaire is incurring a daily loss of several lakhs on account of interest during construction (IDC). Moreover, the delays could push the project cost to Rs 3,000 crore by 2013. The present cost is about Rs 2,000 crore. The concessionaire is also facing problems on the ground because of issues related to non-payment of bills to its contractors and their sub-contractors for a few months now. Also, several minor and major structures are yet to be completed all along the 53-km stretch. About the reasons behind the delays, the concessionaire said that these were primarily due to "certain clearances from third parties like the IOCL for pipeline clearances, local agitation from villagers wanting additional structures (beyond the original scope), finalization of the change of scope items and the heavy monsoons". It also said, "With all the clearances more or less under control and the monsoon abating we are quite confident of making the stretch between Manesar and Palwal trafficable by end October/ early November..."According to DSC Ltd, delays will only adversely affect their revenues since the project had been awarded to them on a build-operate-transfer (BOT) basis for 33 years. "As a concessionaire operating on a BOT basis it is in our interest that the project gets completed on time or with minimum delay, as delays lead to additional fixed overheads, interest on loans, depreciation of plant and equipment and loss of toll revenues. Due to certain issues which are being solved there is a slight delay in starting the stretch between Manesar and Palwal," said a spokesperson.According to the Gurgaon deputy commissioner, P C Meena, the concessionaire has promised speedy action in the coming days. "We are keeping a tab on their promised progress. The district administration has decided to write to the state to initiate strict action if they fail to live up to the expectations," said Meena. The project has been planned on a unique and first-of-its kind closed-loop tolling system, wherein the user pays toll as per the distance used/ covered on the expressway. The toll rates fixed in June 2010 show that while cars would have to pay about Rs 0.75/km, light motor vehicles would pay Rs 1.25/km. Light commercial vehicles would be charged Rs 2.60/km and multi-axle vehicles including buses and trucks would have to pay Rs 4.15/ km. The concessionaire said that the toll rates would be fixed only at the time of completion. This could, in other terms, mean that in order to incur losses, the prices could be escalated (according to NHAI rates) to cover the time lost in completion by the concessionaire.

BAHADURGARH INDUSTRY

• MAIN INDUSTRIAL AREA
  Surya Nagar, Sector 18 A
  · Ganpati Dham Industrial Area
  · Modern Industrial Estate
  · Old Industrial Area
  · The Footwear park at sector 16 & 17
  MAIN INDUSTRIAL UNITS
  · HINDUSTAN SANITARYWARE & INDUSTRIES LTD
  · HINDUSTAN NATIONAL GLASS INDUSTRY LTD
  · SOMANY PILKINTON TILES
  · SURYA ROSHNI LTD
  · SWASTIK PIPE LTD
  · ALLIED POLES LTD
  · RELAXO FOOTWEAR PVT.LTD
  · Action Shoes, Diamond Shoes, Lakhani, Worldwide, Sumangalam, Welcome Footwears, Sumanglam Impex P. Ltd., Yonker Skates, Oswal Industrial P. Ltd., Italika International, Fore Group etc.
  · Retail platform of footwear, www.bigshoebazaar.com
  · PARLE BISCUTS PVT.LTD
  · FRONTIER BISCUTE PVT.LTD
  · HPCL BOTTELING PLANT
  · Radico Khaitan. (Radico’s Magic Moments Vodka)
  · Ozone Pharmaceuticals Ltd (Analytical Lab) 639,640 M.I.E. 124 507
  · Yokohama Rubber Company Ltd
  · Essar steel processing facility
  · GARG INOX LTD
  · Cantabil RETAIL INDIA (apparel-maker and retail chain)
  · SEAGA INDIA Pvt. Ltd.

BHADURGARH MASTER PLAN 2021

The Final Development Plan of Bahadurgarh town has been published by the Haryana Government on 14-02-2006, in the Government Gazette, under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963. This Development Plan fixes the uses of land and parameters of development for the Controlled areas covered by it. Development in public and private sectors in Bahadurgarh controlled area is required to be carried out in accordance of the provisions of the said Development Plan.

SUMMARY OF EXPLANATORY NOTE ON BAHADURGARH
FINAL DEVELOPMENT PLAN 2021

Bahadurgarh town (having population of 1,32,000 persons in 2001), known for various prestigious industrial units such as M/s. Hindustan National Glass Co., M/s. Hindustan Sanitary Wares, M/s. Surya Roshni, M/s. Somani Pilington, M/s. Parley Biscuits and M/s. Swastik Pipe etc. is located adjoining to Delhi on National Highway No. 10. Being located in the vicinity of Delhi Metropolitan City, Bahadurgarh town, is very potential for urbanisatilon and industrial development. With an objective to ensure planned development, the Haryana Govt. has declared four controlled areas around Bahadurgarh town under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963. The position of these controlled areas have been shown at Annexure “A” of this Development Plan.
The Haryana Government has published the Final Development Plan of Bahadurgarh town vide Haryana Government Gazette Notification No. CCP (NCR) / JCA - 1 (BGH) FDP / 2006 / 401 dated 14-2-2006.

MAIN PROVISIONS OF FINAL DEVELOPMENT PLAN :

1. Projected Population :- The Bahadurgarh town has been proposed to be developed for projected population of 3 lacs by 2021 A.D.

2. Proposed Land uses ( Area in Hectares )

Sr. No, Land Uses, Area, Percentage
1, Residential, 1380, 36.36
2, Commercial, 140, 3.69
3, Industrial, 803, 21.16
4, Transport and Communication, 507, 13.36
5, Public Utility, 115, 3.05
6, Public and Semi Public uses, 140, 3.69
7, Open Spaces and Green belt, 710, 18.71
Total:, 3795, 100 %
Area within old Municipal Limits, 155
Total Urbanisable area, 3925
3. Land Reservations along Major Roads:-
Name of the Roads, Land Reservation
V-1 (A) Delhi-Hisar Road, Existing Width
V-1 (B) Bahadurgarh-Najafgarh Road, Existing Width
V-1 (C) Bahadurgarh-Sidipur Road, Existing Width
V-1 (D) Bahadurgarh-Badli Road, Existing Width with 30 meters green belts on its both sides
V-1 (E) Bahadurgarh-Jhajjar Road, Existing Width with 30 meters green belts on its both sides
V-1 (F) Bahadurgarh-Beri Road, Existing Width
V-1 (G) Bahadurgarh-Barahi Road, Existing Width
V-1 (H) Bahadurgarh-Narha Road, Existing Width
V-1 (I) Bahadurgarh-Nizampur Road, Existing Width
V-1 Southern Periphery Road, 60 meters wide road with 30 meters green belts on its both sides
V-2 (A) Eastern Periphery Road, 45 meters wide road with 30 meters green belts on its both sides

How to file a complaint with the Competition Commission & How homebuyers can benefit from CCI verdict

How to file a complaint with the Competition Commission
How homebuyers can benefit from CCI verdict

The Competition Commission of India (CCI) has imposed a penalty of around 600 crore on realty major DLF for abusing its dominant market position. Levied by the anti-monopoly watchdog, the penalty was imposed after DLF was found guilty of violating the Competition Act, 2002. The fine amounts to 7% of the company's average annual turnover in the past three years.
Following complaints in May last year by several people who had booked flats in a DLF project, the CCI had referred the matter for probe by the Director General (Investigations). According to one such complaint, DLF had promised to complete Belaire, its residential project in Gurgaon, in 2009, but buyers are yet to get possession of their apartments.
In addition, DLF has increased the number of floors in the apartment complex from the original figure given to buyers. This led to the number of apartments in Belaire shooting from 384 to 564. DLF has been penalised for an offence that is common among the hundreds of other builders in the country.
"This is a significant intervention by the Competition Commission and if upheld, it gives a powerful tool to the average property buyer against the developer. A buyer may refuse to sign the agreement quoting this judgement, saying that it is anti-competitive and, therefore, unacceptable to him," says Farhad Sorabjee, partner at law firm JSA Law.
Is your builder going the DLF way?
The CCI, in its 237-page order against DLF, has criticised the terms and conditions of the contract, which was signed by the company with the buyers of Belaire. It said that these were stacked in favour of the developer. DLF, in its defence, says that these were industry practices and it was merely adopting the same. Now, the Commission is likely to order a probe into other developers based on preliminary investigations, which suggest abuse of power by the developers.
To avoid the same fate as that of DLF homeowners, consider the following points highlighted by the CCI before signing the buyer's agreement. If, however, you are a victim, we tell you how to approach the Competition Commission in order to redress your grievances.
Punitive penalty: For any delay in payment by buyers, DLF wanted them to pay an interest of 15% per annum for the first 90 days after the due date, and 18% for delays beyond that. In sharp contrast, a delay of over three years on the part of the builder would entitle the buyer to a compensation of just 5 per square foot per month. There is no timeline specified for delivery of possession by DLF.
Unilateral right to increase/decrease super area: DLF has the unilateral right to increase or decrease the super area without consulting allottees, which are bound to pay an additional amount when demanded by the company or accept a reduction in area. If there is a reduction in the super area, the refundable amount due to the allottee is to be adjusted from the final instalment.
No exit option for buyers: Allottees have no exit option except when DLF fails to give possession within the agreed time. Even so, the buyer gets the refund without interest only after the sale of the said apartment by DLF and without accounting for the sale proceeds to the allottee.
Exit clause for the company: DLF's exit clause gives it full discretion, including abandoning the project, without any penalty. The company's liability in such a case is limited to refunding the amount paid by the allottee, with a simple interest of 9% per annum for the period for which the amount was lying with the company, and to pay no other compensation.
Unilateral changes in agreement: The developer claims the right to make changes in the agreement unilaterally without any right to the allottee.
Layout plan and land use: DLF retains the right to change the layout plan without the consent of the allottees. The agreement says, "It shall not be necessary on the part of the company to seek consent of the allottee for the purpose of making any changes in the layout plan. It is also the company's discretion to change areas for different uses like residential, commercial, etc, without even informing the allottees ('the total number of zones and their earmarked uses may be changed as per the sole discretion of the company').
Preferential location charges: The preferential location charges are to be paid upfront. However, if the allottee does not get the location, he only gets a refund or an adjustment of amount at the time of paying the last instalment without any interest.
Proportion of land: The proportion of land on which the apartment is situated and on which the allottees would have ownership rights shall be decided by DLF at its discretion and the allottee cannot raise any objections in this regard.
Community buildings: DLF enjoys full rights to community buildings, sites, recreational and sporting activities, including maintenance, with the allottees having no rights in this regard.
External development charges: Allottees are liable to pay external development charges without these being disclosed in advance and even if these are enhanced.
Power supply and charges: The arrangement of power supply and rates levied for the same are at DLF's discretion. These rates will be fixed from time to time by the company and may not be limited to the rate charged at the time by the state electricity boards.
Forfeiture of the amount paid: The allottees are required to authorise the company to forfeit the amounts paid or payable by them, the earnest money if the allottee fails to perform his obligations, or doesn't sign and return the agreement in its original form within 30 days of its dispatch by the company.
Third-party rights: Third-party rights have been created without the allottees' consent and against their interests. The company can raise money from any financial institution by mortgaging or securitisation of receivables of the apartment, building, complex or a portion of land. The company/ financial institution / bank shall always have the first lien/ charge on the said apartment for all their dues and other sums payable by the allottee or in respect of any loan granted to the company for the purpose of construction of the said building or complex.
When to approach the Competition Commission
The Competition Act prohibits three thingsanti-competitive agreements, abuse of dominant positions and mergers, as well as acquisitions and amalgamations that hamper competition. In cases related to real estate, it is usually the abuse of dominant position that is relevant. So before approaching the commission, make sure that you have enough evidence to show that the company you are complaining against is dominant in the correctly defined market.
You can do this by way of market shares as a starting point. "Any individual can approach the Competition Commission if he can prove that the practice followed by the developer is anti-competitive. In that sense any shifting of goal post after you have signed the agreement may also be construed as anti-competitive," says Sorabjee.
How to file a complaint with the Competition Commission
Filing the application
The application should be in the form of a statement of facts, containing details of the alleged contraventions of the Competition Act. The application should also have:
1. A complete list of all the documents presented in support of each of the alleged contraventions.
2. A narrative supporting the contraventions.
3. A mention of relief or interim relief which you seek from the Commission.
This information should be signed by the individual, or by the sole proprietor in the case of a proprietorship firm, or the karta in the case of a Hindu Undivided Family (HUF). Your counsel can also append his signature to it.
Any additional documents that you want to present in support of the information should be filed at least seven days prior to the date of the first meeting. This, after copies of documents have been served on the other parties regarding the proceedings. All information should be typed in the Arial 12 font on one side of A4 size (210 x 297mm or 8.27"x 11.69") white bond paper. The text should have double spacing, with a 2" margin on the left and a 1" margin on all other sides.
You should also indicate your preferred mode of service through which you would like a reply from the Commission. Mention the legal name (s) and address (es) of the enterprise (s) that are alleged to have contravened the provisions of the Act and also the legal name and address of the counsel or other authorised representative, if any.
Whom to address and where to file
The information should be sent to the secretary of the Commission in person, or by registered post, or courier service, or facsimile, addressed as follows: The Secretary, Competition Commission of India, The Hindustan Times House, 18-20, Kasturba Gandhi Marg, New Delhi - 110 001 Tel: + 91 - 11 - 23704651 Fax: + 91 - 11 - 23704652 Provide your complete postal address with the PIN code, telephone number, fax number and e-mail address.
Fee to be paid
The information should be accompanied by proof of paying the fee. This is 5,000 for an individual, HUF, NGO or consumer association; 20,000 for firms, companies having a turnover of up to 1 crore in the preceding year; and 50,000 in case of others.
The fee can be paid through a demand draft, pay order or a banker's cheque, payable in favour of the Competition Commission of India (Competition Fund), New Delhi, or through the Electronic Clearance Service (ECS) by direct remittance to the CCI accounts. These can be either: Account No. 1988002100187687, Punjab National Bank, Bhikaji Cama Place, New Delhi-110066 ), or Account No. CLCA01100002, Corporation Bank, Bhikaji Cama Place, New Delhi-110066.
Further assistance:
In case of any doubt or help needed, you can approach the Secretariat of the Commission at 011- 23704651.

SPECIAL ECONOMIC ZONE OF RELIENCE

Special Economic Zone of Relience

After the MoU for setting up the country’s largest SEZ (25,000 acres) was signed between Anand Jain, one of the directors of RIL, and Rajiv Arora, MD, HSIDC, Mr Ambani said, “What differentiates Haryana from other states is the sheer scale of development. We have a lot of respect for the state government.”

Reliance has incorporated a company by the name of Reliance Haryana SEZ to set up this multi-product zone. For the development of the project, it will enter into an equity arrangement with HSIDC, the ratio of which will be determined shortly. A special committee will be constituted to identify the land for this project. It will comprise two members from HSIDC and two from Reliance.

The land is in the Jhajjar-Bahadurgarh belt. (Villages near Garhi Harsaru (26.6 Kms.) in Gurgaon — Khandsa (29.2 Kms.), Narsinghpur, Mohammedpur, Gadauli and Harsaru and villages of Jhajjar) — Talking to ET Mr Ambani said, “The land would be finalized within two months time and the first benefits of the SEZ would start accruing to the state in 24-30 months. We are keen on an expeditious completion of this project.” As regards the quantum of investment, he said, “There is no cap on investment.

The idea is to develop the critical mass. Development of infrastructure is a continuous process but considering that the project would be developed over an area of 25,000 acres, the investment could anywhere be between Rs 25,000-40,000 crore. The competition of this SEZ will not be with the SEZs of other states. We would be competing with the most favored investment destinations such as Singapore, Malaysia, Dubai and China.”
The SEZ by Reliance would be in addition to nine SEZs already approved in principle by the Central Government in Haryana. Mr Hooda told ET, “Our endeavor is to make Haryana the ‘Numero Uno’ state in the country. The Reliance SEZ would be another feather in our cap. Not only would it bring in a lot of investments, it would translate into direct and indirect employment for around four lakh people.

”In the SEZ, 6,500 acres have been earmarked for low polluting industries, 5,000 acres each for basic infrastructure and commercial establishments, 3,750 acres for residential area, 1,250 acres each for institutional area, leisure and entertainment.
In a conversation with ET Anand Jain, director, RIL said that the SEZ would involve a diverse portfolio of industries. “The areas that could be successfully developed in this SEZ are automobiles, auto components, agro based industry, biotech, IT and garments. We would strive to get the best of the Fortune 500 companies to invest here,” he added.

Reliance Venture Ltd. is developing a 2,000-MW gas-fired project as part of a special economic zone in Haryana State. Haryana Govt. has notified for public objection against environment clearance. A team of Mukesh Ambani’s Reliance Industries Ltd recently met aviation ministry officials to kick start the proposed cargo airport at their ambitious SEZ project in Jhajjar. The airport and a 2,000-MW power plant were the highlights of the Rs 40,000-crore project that will be spread over 25,000 acres in Gurgaon and Jhajjar.

IL&FS Equity

Last month, (Jan 2011) IL&FS had completed the purchase of a 45% stake in Reliance's Model Economic Township (MET), comprising 10,000 acres of land, in Jhajjar, Haryana.

PANASONIC TO START PRODUCTION AT JHAJJAR by Nov, 2012

PANASONIC TO START PRODUCTION AT JHAJJAR by Nov, 2012

PTI Aug 9, 2011, 02.01pm IST
OSAKA: Japanese electronics major Panasonic will start production from its upcoming manufacturing facility at Jhajjar, in Haryana, by November, 2012, bringing out washing machines, air-conditioners and welding equipment.
"We will commence manufacturing facility at Jhajjar plant in Haryana by November, 2012," Panasonic India President Daizo Ito told reporters here.
Panasonic India, a 100 per cent subsidiary of Japan-headquartered Panasonic Corporation, is in the process of investing USD 200 million over a five-year period on the facility, dubbed the Panasonic Techno Park.

HOUSING SOCIETY ASKED TO PAY FOR THEFT IN MEMBER’S FLAT

HOUSING SOCIETY ASKED TO PAY FOR THEFT IN MEMBER’S FLAT

Press Trust of India Posted online: Mon Aug 22 2011, 02:57 hrs
Mumbai : A Consumer Forum has ordered a housing society to pay Rs 5,000 to a flat owner for failing to check antecedents of two watchmen who went missing after allegedly stealing articles worth Rs 2.5 lakh at his flat.
Asking Silver Arch Mutual Cooperative Housing Society, located in suburban Vile Parle, to pay Rs 5,000 as compensation to the aggrieved flat owner, the Mumbai Suburban Consumer Redressal Forum observed that the society did not enquire about the personal details of the watchmen and also did not bother to inform police about their antecedents.
The society had also failed to keep their photographs in their record which may have helped police in identifying them, the forum noted.
“The society was not vigilant and was found deficient in providing security to the members,” observed the president of forum G L Deshpande and member Deepa Bidnurkar, while asking the society to pay compensation of Rs 5,000 to its member, Keth Fernandes.

Metro to be Extended to YMCA Faridabad, Bahadurgarh

Metro to be Extended to YMCA Faridabad, Bahadurgarh

New Delhi Aug 09, 2011
The Centre today cleared proposals for extension of metro rail from Badarpur to YMCA in Faridabad and from Mundka to Bahadurgarh in Haryana.

The proposals were cleared at a meeting of Group of Ministers on Mass Rapid Transit System chaired by Finance Minister Pranab Mukherjee.

It was decided at the meeting that of the total cost of Rs 2,533 crore for the extension of metro rail from Badarpur to YMCA in Faridabad, 80 per cent of the amont (Rs 1,588 crore) will be borne by Haryana and Rs 544 crore by the Centre.

For the rolling stock, the expenditure of Rs 400 crore will be met by Delhi Metro Rail Corporation.Metro rail from Badarpur to YMCA, Faridabad, will cover the distance of 13.875 km and it will have nine stations. The work is expected to be completed by August 31, 2014, but efforts will be made to finish the work by March 31, 2014.

Regarding the extension of metro rail from Mundka to Bahadurgarh, it was decided that it will be put into supplementary Phase-III.

It was decided that work from Mundka to Tikri border will be completed by Delhi government (through DMRC) and for the remaining portion of about five kms from Tikri Border to Bahadurgarh, the expenditure will be borne by Haryana government.

The meeting was also attended among others by Home Minister P Chidambram, Urban Development Minister Kamal Nath, Deputy Chairman of Planning Commission Montek Singh Ahluwalia, Haryana Chief Minister Bhupinder Singh Hooda, Delhi Chief Minister Shiela Dikshit, Delhi Lt Governor Tejender Khanna, besides other concerned officers.

Bahadurgarh Metro

Bahadurgarh Metro
Delhi Metro has prepared detailed project reports for a new 11.2-kms (6.3 in Delhi & 4.9 in Bahadurgarh) corridor from Mundka in West Delhi to Bahadurgarh. The Mundka to Bahadurgarh corridor will be built in Phase III (Supplement) of the project. Inderlok to Mundka is completed in Apr 03, 2010.
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Bahadurgarh corridor will have six metro stations (11.2-kms long, 6.3 Kms in Delhi & 4.9 Kms in Bahadurgarh), Mundka→Mundka Industrial Area →Ghevra → Tikri Border → MIE → Bus Stand → City Park, Bahadurgarh (In between Sector 5 & Sector 15). The 18.47 kms line from Kirti Nagar to Mundka (Mundka, Rajdhani Park, Nangloi Railway Station, Nangloi, Surajmal Stadium, Udyog Vihar, Peeragarhi, Sachdeva Park, Paschim Vihar, Madipur, Shivaji Park, Punjabi Bagh, Ashok Park Main , Inderlok (Diversion) Ashok Park Main to Patel Nagar II, Kirti Nagar) (18.47 Kms total length, 16 Stations) This section is completed in Phase II of the project.

Press Information Bureau Government of IndiaMinistry of Urban Development
11-August-2011 20:49 IST
Phase-III of Delhi Metro Rail Project Approved, Total Length of the Network Approved is 103.05 kms

Mr Kamal Nath, Minister of Urban Development informed the EGoM that commuters in Delhi will be greatly benefited with the approval of the third phase of the Delhi Metro Rail Project. Minister Nath also informed that by 2021, when all four phases of Delhi Metro project are complete, Delhi will have 428 km of Metro network, making it among the largest metro network connection in the world.
The EGoM approved the third phase of the Delhi Metro project of 103.05 km that includes - Mukundpur -Yamuna Vihar corridor of 55.69 Kms, Janakpuri West- Kalindikunj corridor of 33.49 kms, Central Secretariat - Kashmere Gate 9.37kms and Jahangirpuri -Badli 4.489 kms. There will be a total of 67 stations with 15 inter-change points, which will facilitate ridership. The project is expected to be completed by March 2016. With the completion of Phase III, the estimated ridership on Delhi Metro is expected to be 39.50 lakh in 2016, 48.32 lakh in 2021 and 65.62 lakh in 2031. The completion cost of project is estimated to be Rs. 35,242 crore.
Mr. Kamal Nath brought to the attention of the EGoM the long pending demands for Metro connectivity, of the residents of Najafgarh and Shiv Vihar areas of Delhi. On his request, it was decided that three additional lines shall be brought to the EGoM as a supplementary item for approval for inclusion in Delhi Metro Phase III. These are Metro connectivity from Dwarka to Najafgarh, extension of Metro from Yamuna Vihar to Shiv Vihar and extension of Mundka line to Bahadurgarh (in Haryana). These additional lines will meet the long cherished demands of the people of these areas.
At Minister Nath’s instance the DMRC has been directed to conduct surveys for Metro connectivity from Shiv Vihar to Mukundpur and Extension of Metro from Rithala to Bawana. The extension of Delhi Metro from Badapur in Delhi to YMCA Chowk in Faridabad, Haryana has also been approved. The total length of this corridor is 13.875 km, which is fully elevated with 9 stations at a cost of Rs. 2533 crore. The date of completion for this corridor is September 2014.
The matter of overcrowding of the existing metro coaches in the Delhi Metro network was also discussed. To facilitate procurement of additional 212 coaches by DMRC, Minister Nath proposed that the Ministry of Finance enter into a bridging agreement with DMRC in order to enable DMRC procure the additional coaches. Through this arrangement, the Government of India would allow DMRC to defer payment of three installments for JICA loan totaling Rs 1035 Cr to Government of India for three years i.e 2011-12, 2012-13 and 2013-14 by entering into a bridging agreement with DMRC.
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The Confederation of Real Estate Developers’ Associations of India (CREDAI)

The Confederation of Real Estate Developers’ Associations of India (CREDAI)

S K Malik said...
CREDAI is the apex body for private real estate developers in India. CREDAI represents over 5,000 developers through 20 member associations across the country. It’s numerous initiatives and activities help developers come together and work towards better practices, improved customer service and a stronger realty industry.CODE OF CONDUCTINTRODUCTIONThis ‘Code of Conduct’ is recommendatory in nature. Member Associations, may modify the same in order to meet their local conditions, provided such changes are not out of harmony with the essence of these contents.OBJECTSThe aim of this code of conduct for Developers, Promoters and Builders is to maintain the honour and dignity of Developers, Promoters and Builders in general, to secure the spirit of friendly co-operation between the Developers, Promoters and Builders and their customers in the promotion of highest standard of promotion, development and building activities and to establish transparency, and fair dealing between the developers, promoters and builders with their customers; and to establish a spirit of brotherhood within the Associations of Developers, Promoters and Builders to try and ensure that Developers, Promoters and Builders discharge their responsibilities to the community in general.For the aforesaid objectives the member associations of CREDAI desire to adopt the following norms of conduct. (However, specific mention of the following norms of conduct / rules shall not be construed as conferring upon the members and / or the customers and / or the premise purchasers any legal right enabling them to enforce the same in Court of Law of otherwise).If any member is found to violate the code, action can be taken against him by the Member Association (even to the extent of his membership being discontinued) subject to a detailed enquiry by a select committee whose recommendations if endorsed by the Managing Committee and by the General Body of the respective member association, would lead to a written warning/reprimand or termination of membership of the member.Any such action proposed to be taken by the managing Committee shall be put in to effect 30 days after communicating the proposed decision to the member in writing by Registered Post Acknowledgement due at his address as per records of the Association. The member can appeal the decision of the Managing Committee to the General Body of the member association whose decision shall be final and binding. This appeal must be lodged within 30 days of the date of communication by the Managing Committee failing which the decision communicated shall be final and bindingThe member may appeal against this decision to the CREDAI (national) within 30 days of this communication from the member association. The CREDAI (national) will hear this matter within 30 days thereafter and communicate the final decision to the member association as also the individual member.Once the decision to discontinue the membership is finalized the association will have to inform in writing to all local statutory authorities of this action as also publish a notice in the local newspapers for information to public at large with regard to the discontinuation of the membership of that developer. Additionally all the CREDAI (national) and other member associations will be duly informed of the same and should the member be a member of any other CREDAI association then it is for them to decide on course of action for that membership in light of this termination of membership.
CODE OF CONDUCTWe, the member associations of CREDAI adopt the following code of conduct. Any addition / Deletion can be effected from time to time with the consent of the General Body. Proposals must be circulated 30 days prior to the General Body meeting.1. TITLEThere should be a true disclosure of the property under development in the “Title Certificate” from a solicitor / Advocate showing the rights and obligations of the developers along with the Agreement for sale.2. INSPECTION OF SANCTIONSAll sanction from the sanctioning authorities like approved plans and commencement certificates, N.A. permission, exemption order under U.L.C. Act (if required) etc., should be made available for perusal of the purchaser at the time of signing the agreement.3. BOOKING OF PREMISESThe Developer should normally commence booking / Sale of flats / premises only after obtaining sanction of plans and commencement certificate and clearances from the competent authorities. If booking is entered into with purchasers before obtaining all required clearances the purchaser must be made aware of this fact at the time of this booking and if necessary by way of a true disclosure in the agreement and or the title certificate.4. AGREEMENT OF SALE The Developer should enter in to a proper agreement as per the relevant Acts immediately on receipt of Earnest Money or any Deposit from the purchaser of flats / premises.5. PAYMENTSPayment receivable under the Agreement for sale should be scheduled according to the progress of the work and as per the provisions of the relevant Acts or as may be mutually agreed between the purchaser and developer.6. ESCALATIONThe developer should not enhance the price of the flats / premises once the agreement for sale is executed – on any account whatsoever; except for additional levies, taxes, court orders or in terms of the relevant Acts or under force majeure conditions. However, if there is a specific understanding between the Developer and Purchaser which is spelt out in the agreement, escalation can be charged on mutually agreed formulae or terms.7. CONSTRUCTION OF BUILDINGThe developer should construct the building only as per the rules / sanctioned plan and regulations of the Authority. Any variations should be within prescribed and permitted and prevailing norms / rules8. QUALITY OF CONSTRUCTIONThe Developers must ensure good quality materials and proper workmanship. Specifications as per agreement should be adhered to and statutory specifications of the Local Planning Authority should be complied with. Proper technical supervision on site should be ensured through qualified and experienced technical personnel in addition to usual qualified structural engineers and architects.
9. PLANS & SALEABLE AREAA. PLANS: -A member • Shall conform his building plans strictly to the prevailing regulations and byelaws.• Shall make available copies of sanction plan and other permissions available to the purchaser on request.• Shall display the sanctioned plan date & number in a prominent place at the construction site.B. SALEABLE/CARPET AREA: - The carpet areas of individual tenements is the area of the inner measurements of the tenement at floor level excluding the column offsets and wall finishes but will include the areas of balconies, cupboards, accessible internal projections including private terraces and the door/window jambs and will also include the following detached habitable area, if any, such as servants’ room etc. for exclusive ownership.• Mezzanine floor/lofts, if any.• An agreed %age of the double heights rooms or terraces, if any.• An agreed %age of the private/reserved carparks allotted or sold to the customer for exclusive use.• An agreed %age of the private/reserved garden or ground area allotted or sold to the customer for exclusive use.All agreed %ages referred to above shall be stated in the agreement of saleA member shall offer his units for sale based on either carpet area as above or “saleable/built up area”, which will be arrived at by adding to the carpet area: all wall, column thicknesses, proportionate share from the common areas such as entrance lobby, staircases, upper floor lobbies and landings, lift cores at every level, lift machine rooms, generator room, electrical room/substations/transformers, gas banks, garbage room, clubhouse, security room, club house, indoor sports room/s, security cabin, general toilets for servants / drivers and any such amenities/rooms or designated spaces provided these have not been charged separately plus any other common constructed areas not mentioned hereinabove. The member association may from time to time adopt standard procedure for ease of the purchasers in their city/town/state a certain percentage of area in lieu of Proportionate share from the common areas as above which then will be applicable to all the members and the purchasers as a standard practice.NOTE: • Ground space for garden or any other purpose and / or terrace space to be allotted for exclusive use if any shall be indicated transparently and charged for separately. • Plinth area shall be computed by measuring from wall to wall. While exclusive wall shall be fully accounted, shared walls shall be split.• All agreements for sale of any premises shall contain a floor plan showing the internal dimensions from which the carpet can be computed• Details showing how the saleable area is arrived at with specific details of the common area shall be disclosed with clarity duly certified be an architect as per above norms at the time of booking.Underground sump, water tanks, compound walls, septic tank, open to sky walk ways, , open to sky swimming pool, open sports facilities, chajjas, weather sheds, inaccessible flower beds, lofts, common open to sky terraces, stairwell ducts and voids etc. and the like.10. CONSTRUCTION, TIME FRAME, PENALTY, GENERAL CONDITIONS:
SK Malik
skmlk@yahoo.co.in
9818686240

Status of Six Laning of NH 10 (Delhi border to Rohtak)

Status of Six Laning of NH 10 (Delhi border to Rohtak)
Six laning of NH 10 Delhi/Haryana Border to Rohtak and four lane bypass for Bahadurgarh & Rohtak, NHDP Phase III Project, under Implementation
Status: 31st August 2010Length (Km) 63.49Date of Start May 2008Original Completion Date May 2010Estimate Completion Date May 2011Contractor & Nationality KCT - ERA consortium- IndianSupervision Consultant & Nationality ICT Pvt Ltd- Indian

NHAI have removed the page from Web Site (from Jan 2011) showing “Starting Date” and “Planned Completion Date” “Revised Completion Date” & Name of Consultant etc for running projects. This is BAD & not transparent.

Delhi/ Haryana Border to Rohtak, NH 10, (NHDP Phase III Projects under Implementation Status as on 30th June 2011) Revised Target Date Nov 2011 (By SK Malik, skmlk@yahoo.co.in)

KMP Expressway PROGRESS

KMP Expressway PROGRESS
Target Date, by July/ August 2009 (42 Months). The KMP would intersect NH-10, at a distance of merely 4 Kms from Bahadurgarh. This is expected to further shorten the distance to Gurgoan (19 Kms.) and Sonepat (25 Kms,) only. Bahadurgarh to Sonepat 19 Kms Bahadurgarh to Gurgaon 25 Kms

Target Completion date re-sheduled to Jan 2010 (Delay months) This is first extension. Performance/ poject management skill of NAHI, DS Construction and Haryan Ind Development Corp. will be tested

Both WPE (Kundli-Manesar-Palwal) and EPE (Sonepat-Baghpat-Ghaziabad), having a combined length of 269 km, are lagging badly. The deadline for WPE was July 27, 2009 but the monitoring committee on inspection found that only 12.2% of the work had been carried out by contractors till December 31, 2008 as against the target of 73.21%. EPE contract is not awarded yet due to single quote received.

PROJECT PROGRESS KMP EXPRESS Start Date Feb 2006 Target Date 29 07 09 Duration 42 Months Project Cost Rs.1, 800 Crores Revised Target Date Jan 2010 Actual Progress 12.20 % as on 31 12 08 (Planned Scheduled 73.21 %) Actual Progress 14.47 % as on 23 02 09 (Span Consultant Private appointed by HSIDC to monitor the project) Actual Progress 18.03 % as on 30 04 09 (As per Sh. AK Singla of HSIDC) Actual Progress 20.0 % as on May 09 (As per Sh. AK Singla of HSIDC) 1. This project is for National Capital of India 2. Our Supreme Court is monitoring the project progress 3. Project area with good connectivity/ communication network, availability of Infrastructure, raw material and man power 4. Executed by private player on Public Private Partnership basis 5. Toll Road early commissioned early earning per day 6. We have “Ministry of Statistics and Programme Implementation Government of India ” 7. State CM is monitoring the project We are failed in meeting the target. We shall analysis, Why we are NALAYAK in “Project Implementation and Management”. What will be the status of project implementation in remote / hilly/ rural/ backward/ inaccessible locations sponsored by poor and politically CHOR state governments?

Financial commissioner and principal secretary of industries, (Haryana)Mr Y S Malik said on Nov20, 2009. Malik claimed that the connectivity between NH-8 near Manesar and NH-2 near Palwal would get a push with the opening of the first stretch of the KMP expressway. "The concessionaire has told us that it would be opened for traffic in the next 3-4 months. However, we have extended the deadline of the entire stretch to December 2010,'' he said. The developer had earlier claimed to complete this stretch by this year end.

Feb 05, 2010 PROGRSS REPORT SUBMITTED TO SUPEREME COURT Western Expressway Physical Progress on Nov 30, 2009 32.20 % Vs Planned progress for July 29, 2009 - 100 %. New plan progress will be achieved on Dec 31, 2010 of 52.60 % Delhi’s environmental woes are here to stay with the ambitious Eastern Peripheral Expressway (EPE), planned as an alternate route for heavy commercial vehicles crossing the Capital, all set to miss its October 2010 deadline by four years. The environmental panel under Bhure Lal, monitoring the project work, informed the Forest Bench of the Supreme Court on Friday that while acquisition of land was still incomplete, the project has witnessed an escalation in cost from an estimated Rs 3,551 crore to Rs 4,700 crore, with the road showing no signs of completion before 2014.

The company constructing Kundli-Manesar-Palwal (KMP) Expressway (also known as Western Peripheral Expressway) on Monday Aug 16, 2010 assured the Haryana Government that the project would be completed in June 2011. It also assured that the partial 50-km stretch between Manesar and Palawal would be opened in February 2011. The commitment came in a meeting convened by Haryana Chief Secretary, Urvashi Gulati, in Chandigarh on Monday, in which KMP Expressway officials participated. Gulati asked the company to expedite work on the Expressway and complete it as early as possible. The meeting took place after the Haryana government took notice of a report published in Hindustan Times, in which KMPEL had said that it would not open the 50-km partial stretch in November but the entire 135-km stretch together in the middle of 2011, said a Haryana State Industrial and Infrastructure Development Corporation (HSIIDC) official. The company was to open the stretch partially in November as per its earlier commitment.

Bhupinder Singh Hooda Reviews Already Delayed KMP Expressway Progress TUESDAY, 21 DECEMBER 2010 22:58 WRITTEN BY SANJEEV SHARMA Chandigarh (ABC Live): After many earlier failed deadlines on Tuesday the DS Construction company responsible to construct Kundli-Manesar-Palwal (KMP) Expressway has once gain set deadline to complete the 53 kms long stretch of the expressway from Manesar to Palwal by March 2011. Information to this effect was issued by Haryana Information and Public Relations department on Tuesday after Haryana Chief Minister, Mr. Bhupinder Singh Hooda had an aerial survey of the Kundli-Manesar-Palwal (KMP) Expressway and reviewed the progress of its construction work near Gurgaon and near Rai. As per released statement the 135 kms long expressway is being constructed on war footing (Defeated in WAR every time) at a cost of about Rs.1830 crore. Press release further says that according to the construction company, the DS Construction, the 53 kms long stretch of the expressway from Manesar to Palwal would be completed by March 2011 and it would be opened to traffic. It would connect National Highway No.8 and National Highway No.2. The stretch between Kundli and Manesar is expected to be completed by August 2011. The Press release quoted the company officers of the construction company that big loops would be constructed on the expressway where it cuts the Delhi-Amritsar National Highway No.1, Delhi-Fazilka National Highway No.10 and Delhi-Jaipur National Highway No.8. These officers also revealed that all clearances including that of railways for construction of ROBs have been obtained and now there would be no laxity in the construction of the expressway. The process of acquisition of land has also been completed and there was no obstruction. Initially, the expressway would be a four-lane road, but there would be provision to wide it for a six-lane road. The expressway is being constructed by DS Construction Company which had been given a time schedule of 23 years and nine months to complete it on BOT basis and recover its cost

Apr 05, 2011: Unhappy with the slow progress of the KMP Expressway, the Haryana government has warned the private concessionaire of invoking action as per terms of the concession agreement. Sources said that it could impose financial penalty on the developer, though it will be meager in comparison to the cost of the project. The state government has asked the concessionaire to give the final date of opening the first stretch between Manesar and Palwal, which was scheduled to be operational by this month-end. The concessionaire submitted that it would give the exact date after accessing the ground situation, said a senior HSIIDC official. These instructions were issued at a meeting chaired by the chief secretary, Urvashi Gulati, to review the progress of the expressway project on Tuesday. Some of the issues put forward by the concessionaire as reasons behind the slow progress were change of scope orders and forest clearance at two to three locations. Gulati said that a sub-committee of the industry secretary and the MD of the HSIIDC might get these issues resolved. The HSIIDC MD, Rajeev Arora, said that concessionaire was trying to shift the focus from non-performance to petty issues.
Miffed at the slow progress of the upcoming Kundli-Manesar-Palwal (KMP) Expressway, the Haryana government has warned concessionaire company KMP Expressways Ltd of slapping the penalty clause. According to the concession agreement, the expressway was to be completed by July 29, 2009, after which the firm would have to pay the government weekly damages at the rate of 0.01 % of the total project cost. Another clause entitles Haryana State Industrial and Infrastructure Development Corporation (HSIIDC) to terminate the agreement after giving one-month notice to the company if operations do not start within 12 months from the scheduled completion date.

CBI FIR names PWD officials, private firms Hindustan Times, Delhi, May 02, 2011 The Central Bureau of Investigation FIR on alleged irregularities in t he award of the contract for the construction of the Barapullah Elevated Road Project (BERP) — in the run-up to the Commonwealth Games held in October 2010 — has named eight officials of the Public Works Department (PWD) and two private firms. “The FIR named two firms, DS Constructions Limited, the project’s contractor and Tandon Constructions, the project’s consultant,” said a CBI spokesperson. According to an agency source, who is not authorised to speak to the media, the eight PWD officials have been accused of awarding the BERP project — worth R433.71 crore — to construction firms at “an inflated rate”. According to the source, had the project — delayed by around five years — been completed on time, the exchequer could have saved more than R100 crore. The cost of constructing the BER came to around R56,000 per square metre. The PWD, according to the source, had split the project into “two packages”, for early completion of the project. However, it later gave both to the allegedly favoured construction firm by increasing the cost. “It led to a gain of around R50 crore to DS Constructions,” he said. While package one included construction work from Sarai Kale Khan to Mathura Road, package two was for work between Mathura Road and Jawahar Lal Nehru Stadium. “The construction included elevated and slip roads and work related to landscaping, electrification and drainage,” said the source. The CBI had, on Saturday, registered the FIR over alleged irregularities in the Barapullah project. The Central Vigilance Commission had, in 2010, handed over the probe into the alleged irregularities to CBI. According to the source, the construction firm had allegedly not complied with quality control measures, including carrying out lateral load test of piles. He said the accused PWD officials also did not insist on it.

Hindustan Times, Chandigarh, May 03, 2011 KMP Expressway may miss deadline again The monthly progress of the upcoming Kundli-Manesar-Palwal (KMP) Expressway has dropped down during the first three months of this year. At the present pace, it is unlikely that the concessionaire will be able to complete the project by November 2011, the latest deadline committed by it. KMP Expressways Ltd, the concessionaire, has already missed the April 30 deadline for opening traffic on the priority section of Manesar to Palwal. “In light of the dwindling progress it is certain that the concessionaire is not going to keep up to his commitment again,” said a senior official. The monthly progress of the 135.65-km-long expressway went down to 1.06%, 0.88 % and 0.91% during January, February and March respectively. As per the latest bulletin, the concessionaire has achieved a physical progress of 61.32% (R908 crore) till March 31, 2011 against the original commercial operation date (CoD) of July 29, 2011 and revised CoD of December 31, 2010. “The monthly progress of the project had been continuously much below the targets fixed by the concessionaire and in view of the slow progress of the work, secretary, Union Ministry of Road Transport and Highways, who is the chairman of the monitoring committee has expressed dissatisfaction on the project,” said an official, who attended the April 5 review of the project conducted by the High Powered Committee (Expressways). Though the chairman of the Centre’s monitoring committee has asked Haryana to take appropriate action as per the concession agreement, it seems the state government is not too keen on invoking the penal clauses of the agreement. Group chairman of KMP Expressways, HS Kohli, on the other hand, has expressed reservations regarding the proposed penal action as per the minutes of the April 5 meeting.

May 30, 2011 The 135-km Kundli-Manesar-Palwal (KMP) Expressway project, which was to be thrown open to the public in 2009, to ease congested roads in Delhi, continues to linger on till date. Moreover, the Haryana government has extended the partial opening of the 53-km stretch between Manesar and Palwal slated for May 31, 2011, by three more months. Rajiv Arora, managing director, Haryana State Industrial and Infrastructure Development Corporation (HSIIDC) said, “Besides certain issues related to clearances from the Central government, there were issues like unrest in Libya where KMPEL has many projects. I think that trouble is now over.”

DLF Verdict may open Pandora's box for real estate sector

Verdict may open Pandora's box for real estate sector

The Rs 630-crore penalty imposed by the Competition Commission of India (CCI) on DLF Ltd may open a Pandora’s Box for the real estate industry, according to analysts.
“There are so many projects where real estate developers have not delivered (as promised),” an industry representative reasoned.
While most developers reported delivery slippages in their recently announced first-quarter results, many of them are learnt to have made changes in building structures or materials used without keeping their customers in the loop.
“The DLF case might become a precedent for other such litigations to follow, which would be a problematic situation for the industry,” said R R Singh, deputy general of the National Real Estate Development Council.
G P Srivastava, senior advisor at the Associated Chambers of Commerce and Industry of India, said there could be more such litigations in the near future. “It could be an eye-opener for other builders,” he said.
However, an industry source argued these practices (violations in realty projects) were rampant in India. “This (the CCI penalty on DLF) should be an example that customers should not be taken for a ride,” he said. “At least, someone has finally acted on these practices.”
Kaustuv Roy, executive director of Cushman & Wakefield India, said the CCI directive due to delay in construction could be viewed as a strict warning for developers who had not been factoring contingencies in mind while launching projects. It’s also a move to establish that the rights of the purchaser would be protected in case of an indefinite delay. However, he said since construction was a long-term process and dependent on external factors like economic environment, legal and governance issues and legislative amendments, “many of these factors cannot be entirely pre-empted at the start of a project”.

CCI TOGAY SLAPPED PENALTY OF OVER Rs 600 CRORES ON DLF

CCI today slapped a penalty of over Rs 600 crore on DLF

New Delhi : The Competition Commission of India (CCI) today slapped a penalty of over Rs 600 crore on real estate major DLF, holding it guilty of abusing its dominant position in the market and imposing unfair conditions on the sale of its services to consumers.
In its order, the anti-competitive activities watchdog asked DLF “to cease and desist from formulating and imposing such unfair conditions in its agreements with buyers in Gurgaon and suitably modify unfair conditions imposed on its buyers within 3 months of the date of receipt of the order.” The Commission levied a penalty at the rate of 7 per cent of the company’s average annual turnover of the last three years, amounting to Rs 630 crore, a sum “commensurate with the severity of the violation through such blatant abuse of dominance.”
The commission also said the abuse of dominant position has been in respect of “the basic necessity of housing and … DLF has been grossly abusing its dominant position, and that too against a vulnerable section of consumers, who have little ability to act or organize against such abuse.”
The case pertains to last year May, when, after receiving complaints by some people, who booked flats in DLF projects, the CCI had ordered an investigation by the Director General Investigations. According to one such complaint, DLF had promised to complete its residential project in Gurgaon, called Belaire, in 2009, but buyers are yet to get possession. Also, DLF has increased the number of floors in the apartment complex from the original figure given to buyers. This led to the number of apartments in Belaire increasing to 564 from 384.
After the order, the DLF scrip plunged 5.92 per cent. The Commission said that DLF and other service providers issue advertisements for launching projects without the land in question being actually purchased, registered in their name and possession taken and without taking prior approval of competent authorities.
The issue: Last May CCI received complaints from allottees who had booked flats in some DLF projects. Abuse of dominance was alleged against four developers — DLF New Gurgaon Homes Developers, DLF Home Developers Ltd and others, DLF Limited and others, and DLF New Gurgaon. One complainant, Belaire Owners’ Association, alleged that the firm had not provided Gurgaon project Blaire within promised time.