MODEL REAL ESTATE BILL


M K Gupta


The Govt. has will introduce the Real Estate Bill in the Monsoon session of Parliament, according to a news story published in Hindustan Times (front page) on 19th March.  It is not clear in the bill whether it will also cover the government agencies but the bill should cover the government agencies.  I cite few examples.  The Delhi Development Authority has launched Rohini Residential Scheme in March 1981.  Even after 30 years, over 25 thousand applicants are waiting for the plot.  A good per centage of applicants have already left this world waiting for their turn.  Now, the matter is before the Delhi High Court and the next hearing is fixed on 24th April.  Even, the last draw of the DDA was surrounded in number of allegations and in most of the cases in the Delhi High Court were dismissed on technical grounds. One case of Shri Salek Chand Jain was dismissed as his advocate did not appear twice in this case without an authorization from the petitioner.  The last word of the veracity of the draw is yet to come and the case against Economic Offence Wing of Delhi Police has not been finally decided at the Central Information Commission.
  
          In 2004, everybody knows about the scam in the draw held in July 2004 for the NOIDA Plot Scheme and the Court ordered fresh draw by canceling the rigged draw. It also asked other government agencies than NOIDA to conduct the draw for NOIDA Authority which indicate that even the Court was unsure about the fairness of the draw if conducted again by the NOIDA.  In a draw of Greater NOIDA Authority few years back, a person was caught red-handed trying to rig the draw with a registration number in his possession while taking out the slip of fortunate applicants from the box.  The questions have also often been raised in the allotment process adopted other government agencies too.

          Therefore, real estate agencies under the government must also been brought under the ambit of this bill.

About the private sector, I give a recent example of a reputed promoter viz. Vatika group, Gurgaon.  It launched a scheme of over thousand plots its Thousend Park in its Infotech City, Jaipur scheme in May/ June, 2005.  Though the group promised to give the possession of plots within three years, it has not given possession the same till today i.e. close to six years.  An official of the Company said that the high tension lines are passing through the area which was earmarked for these plots, thus the area could not be acquired and developed.  Thus, the Company has hoodwinked its customers. 

To check such malpractices and hoodwinking by the Government’s as well as private real estate agencies, it is imperative that Govt. should introduce a suitable bill as soon as possible in the interest of Aam Adami.

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