Patna,(BiharTimes): Last week’s decision of Patna Municipal Corporation (PMC) to stop resale of flats, shops office complexes etc built in multi-storied apartments on leased land has evoked sharp reactions from several builders’ associations who are planning to move the Patna high court against the order.
Terming the order “arbitrary and legally invalid” they criticised the order saying the aim was to unnecessarily harass the builders.
The state wing of Builder Association of India (BAI), said the orders issued by the PMC are not, in accordance with the provisions of the lease deeds signed by the lessees and the erstwhile Patna Regional Development Authority. “I don’t know what the motive behind such a step is but no lessee will accept such high-handedness,” BAI Bihar president Sachin Chandra was quoted as saying.
The PMC Commissioner, Pankaj Kumar Pal, however, said all the terms and conditions of the lease deeds were studied before coming up with the executive order
.He said the PMC has consulted its legal team before passing out the instruction. The norms clearly say that even after initial lock-in period when re-selling is completely impermissible, permission has to be sought from PMC before selling out land to a third party as land rights are held by the civic body and not lessees. The noted constructions have been erected or are being erected in gross violation of the norms.
As reported earlier three days ago, PMC Commissioner had passed an order issuing notices to 95 lessees who had been allotted land by the erstwhile Patna Regional Development Authority (now merged with PMC) but later resold their land to builders for constructing highrises — both for residential and commercial purposes.
The move came after the civic body got Sri Krishna Puri and Rajendra Nagar localities surveyed for identifying the structures that were constructed in violation with the lease deeds. Sources said 82 such structures were identified in the Rajendra Nagar and 13 in the Sri Krishna Puri. A similar survey is also being carried out in the Boring Road area.
Narendra Kumar, president of Bihar Chapter of Confederation of Real Estate Developers’ Association of India (CREDAI) said if builders come up with such huge constructions, they would not buy plots whose title is controversial. The provisions of the lease deed clearly say that after the initial 10 years of lock-in period, the lease holders are entitled to sell out their land. They are order would not stay ground in court. We are planning to file a case in the high court.