DDA asks buy­ers to be­ware of land pool­ing zone of­fers

HT Estates - - HT­ES­TATES -

gov­ern­ment. Only when these two no­ti­fi­ca­tions are in place will DDA be in a po­si­tion to i nvite ap­pli­ca­tions f rom de­vel­op­ers for han­dover of their land with it.

Says Sid­harth Luthra, a se­nior crim­i­nal lawyer and for­mer ad­di­tional so­lic­i­tor gen­eral of In­dia, “The prac­tice, adopted by de­vel­op­ers, is what is known as a prelaunch. Typ­i­cally, a builder starts mar­ket­ing the flats that he will build in the fu­ture even be­fore the plans are ap­proved by the mu­nic­i­pal au­thor­i­ties or other plan­sanc­tion­ing au­thor­ity. The builder does not ex­e­cute any agree­ment with the buyer for the sim­ple rea­son that there is no flat he can sell. Usu­ally, non-bind­ing doc­u­ments such as ‘ex­pres­sion of in­ter­est’ or ‘ mem­o­ran­dum of un­der­stand­ing’ are made by the builder, which of­fer lit­tle or no pro­tec­tion to the buyer in the event of any dis­pute with the builder.” So can ac­tion be taken against such pre-launches in Delhi? Real es­tate and le­gal ex­perts are of the view that such ad­ver­tise­ments and sale are il­le­gal and pre­ven­tive ac­tion must be taken by DDA.

Delhi Po­lice on its part can­not do any­thing un­til it gets a com­plaint from an ag­grieved party. Ac­cord­ing to DCP (west Delhi), Push­pen­dra Ku­mar, “Delhi Po­lice can’t take any pre­ven­tive ac­tion in such cases. We can act only when an ag­grieved per­son will lodge a com­plaint with us.”

H o w e v e r, B a l v i n d e r Ku­mar, for mer vice chair­man, DDA, is of the view that DDA is in a po­si­tion to take le­gal ac­tion against such builders. “This amounts to fraud. DDA has ad­ver­tised time and again and cau­tioned peo­ple not to in­vest money in these projects but peo­ple are still do­ing that. I think DDA must take pre­ven­tive mea­sures. It is high time DDA takes le­gal re­course to ad­dress the prob­lem.”

Pradeep Mishra, CMD, Ru­drab­hishek En­ter­prises Pvt Ltd, a town plan­ning and ar­chi­tec­tural con­sul­tancy fir m, ad­vises buy­ers to be care­ful. “Un­for­tu­nately, de­spite re­peated pub­lic no­tices, peo­ple are driven by greed to make money by in­vest­ing in any real es­tate projects which prom­ise them huge re­turns.”

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