DDA asks buyers to beware of land pooling zone offers
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.”