Hindustan Times (Lucknow)

No clarity on land pooling policy: have buyers been duped of `1000 crore?

With the urban developmen­t finalising realty regulatory rules, societies registered under land pooling might face problems

- Vandana Ramnani

Samarth Daksh, 70 years, was lured by a housing society to invest in three residentia­l properties two years ago in Delhi’s L Zone – which is part of the Delhi government’s land pooling policy (LPP). He made cash down payments for three apartments in three multi-state cooperativ­e societies, which cost `12 lakh, `7.5 lakh and `5 lakh. As proof of the investment­s, he was just given a kacha (temporary) bill by the society. Interestin­gly enough, cooperativ­e housing societies have not been registered or allotted land by the Delhi government after 1992.

Daksh is a worried man today as the ministry of urban developmen­t has finalised the National Capital Territory of Delhi Real Estate (Regulation and Developmen­t) (General) Rules, 2016, or RERA for the setting up of a real estate regulator. Once the rules are implemente­d, developers have to furnish authentica­ted copies of the title deed of a property reflecting the title of the promoter to the land on which the project is to be developed and show original sanctioned plans and layout plans. They also have to make disclosure­s of the total amount of money collected from allottees.

Also, developers who have aggregated land as part of the Delhi government’s LPP have to return a minimum 60% of the land to the Delhi Developmen­t Authority (DDA) which will give them a plot for developmen­t – not necessaril­y in the same location as the original plot they acquired. Hundreds of welfare societies have been registered after 2007 when the Delhi Master Plan (MPD 2021) was notified, laying down LPP norms and earmarking five zones in the Capital –J, K (I and II), L, N and P (I and II) for it. About 27,000 hectares are to be developed under LPP out of which 5, 300 hectares are in zone L.

What this means is that no developer can claim to own a specific parcel of land at this stage, especially when DDA is still awaiting the Delhi government’s decision to declare 95 villages as developmen­t areas, 89 of them as urban villages. The state government is yet to operationa­lise the land pooling mechanism and in the absence of such a direction, there is no way in which developers or housing societies can register their projects with the regulator. A Delhi government spokespers­on says that it will take time to operationa­lise the policy.

Daksh fears that the money he has paid for the three apartments (real estate experts estimate such deals to have cost gullible investors anything around `1,000 crore) will never be returned. Also, RERA lays down guidelines on how a model agreement should be entered into with homebuyers. How will that be done, when there are mostly kacha receipts that buyers have and no proper agreements?

The question here is how will these societies qualify as a ‘developer’ under RERA rules when the LPP has not yet been operationa­lised? “Societies, in their capacity as promoters, will need to register under the RERA. Since non-registrati­on (after the setup of the regulator) is a punishable offence, societies have to continue to have to abide by this requiremen­t. This is likely to create a transition­al problem,” says Yogesh Singh, partner with a legal firm, Trilegal.

Therefore, anyone promoting projects under LPP is committing a financial fraud. “What empowers them to collect money and sell flats under the name of a society? Under the LPP, mere availabili­ty of land with a farmer does not make him a developer,” says Ramesh Menon of Certes Realty. “Many land parcels shown to the consumers may or may not be in the same parcel under the LPP and can be reallotted within a 5 km radius. A license to build requires specified land parcel of converted residentia­l land but currently all land is for agricultur­e. Under the LPP, if the societies or developers have over 20 hectare, they get 60% land back. If they have less than 20 hectares, they get 48% back. The minimum land required is five acre. A company, say it’s called ABC Private Ltd, is only staking claim to a parcel but it actually has no land. It has only given membership of a society which may be developed in the future but the cost of land has already been recovered from the buyers,” he says. Experts estimate that the total amount collected fraudulent­ly so far from homebuyers, going by the `8 lakh to `15 lakh paid per apartment, could be `1,000 crore.

“This money has so far been collected in the name of proposed developmen­t,” they say, adding will this be returned to these buyers and a new model agreement signed between the two entities. Post RERA, the developer entity first needs to qualify as a developer and get a license to qualify as a builder.

Architectu­ral plans of the project have to be approved before it gets a license to build.

 ?? HT PHOTO ?? Experts estimate that the total amount collected fraudulent­ly so far from homebuyers under land pooling is as much as `1,000 crore.
HT PHOTO Experts estimate that the total amount collected fraudulent­ly so far from homebuyers under land pooling is as much as `1,000 crore.

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