Good News, well done! Today, builder can not impose its clauses on home buyers, Supreme Court rules

The Supreme Court held that contract terms will not be definitive and binding until it is shown that flat buyers have no choice but to sign on the dotted line. Homebuyers who purchase flats or builders ‘ apartments have very little choice but to accept the developers ‘ standard sales agreement.

It is quite likely that specific provisions involving interest rate, right to terminate the agreement, the time limit for refund due to cancellation, etc. may not be equal, i.e. developers may have superior rights compared to buyers ‘ rights. Yes, many of those events already have to come to light.

There’s good news for homebuyers though. While delivering its judgment on 2 April 2019 in the case of Pioneer Urban Land & Infrastructure Ltd Vs Govindan Raghavan, the Supreme Court held that the terms of a contract would not be final and binding if it was shown that the buyers of the flat had no choice but to sign on the dotted line, on a contract proposed by the owner.

It further held that the inclusion of one-sided clauses into an agreement constitutes an unfair trade practice pursuant to Section 2(r) of the Consumer Protection Act, 1986 since it adopts unfair methods or procedures for the builder’s selling of the flats.

Mayor Intervenes The Irregularities in Cement Road Works

The present state of Nagpur appears to be grim with the ongoing construction of cement roads in different parts of the city. However, this was meant to make the city smart and rich in infrastructure, but the corruption that appears to have been seen in the system has led to irregularities in the construction of cement roads in Nagpur in the city. This has begun to haunt the Nagpur people in a great way, as it has become the cause of accidents in the city.

Now, with this grim situation, the city mayor seems to have entered the scene asking for a cement road survey of the city’s irregularities. He has been receiving updates on the violations and irregularities in the work of local corporations in different parts of the city. He raised the issue at the annual meeting of the General Body. To take up the issue, Mr. Satish Holay, the current member of the BJP Led PWD Department Committee, shall raise this issue.

He claimed that the civic body and the people involved in the construction of the roads had not carried out the work in accordance with the standards laid down by the IRC or the Indian Road Congress. There seemed to be a very heated debate on the issue of the width of the cement road, along with other issues. The AGM also suggested that the opposition leader Tanaji Wanve should stop the payments to the contractors who had been hand and glove to the local authorities involved in road construction.

The end of the year is a new deadline for completing the Outer Ring Road

Nagpur: The National Highways Authority of India’s (NHAI’s) contractor MEP Infrastructure has set a deadline for completing the Outer Ring Road by year-end. The work order for the 61-kilometer stretch was issued in April 2016 and it was to be completed in three years.

Project director NL Yeotkar said the work had been divided into two packages — 33km-long first package which covered the stretch from Jamtha to Fetri via Gondkhairi and the 28km-long second one from Fetri to Pawangaon on Bhandara Road (beyond Kapsi).

“The first package at the cost of Rs 531 crore is 52% complete while the second one at Rs 649 crore is 43.5% ready,” he added.

Yeotkar admitted that the contract period expired long ago and added that the contractor had been fined. “We could not terminate the contract as we had not handed over the entire land. Now, 100% of the land required for the project is with him. He is facing some financial problems and is holding talks with the bank. I’m unaware of the outcome,” he said.

Under this project, NHAI will construct a new 40-km cement concrete four-lane road from Gondkhairi on Amravati Road to Bhilgaon-Sirpur on the Kamptee-Jabalpur section of NH 44 via Fetri on Kalmeshwar-Katol road, Bharatwada, Panjara on Koradi-Chhindwara section of NH 47. It will also widen the 21-km stretch from Gondkhairi to Gavasi Manapur on NH 44 from the existing two-lane to four-lane and convert it to concrete road.

The ORR will also have an interchange with the under-construction Mumbai-Nagpur super expressway. NHAI will construct five railway overbridges, 20 minor bridges and 15 underpasses under the project.

The project is being developed under NHAI’s hybrid annuity system. NHAI will pay 40% of total cost to the contractor during the construction period. The remaining 60% will be paid in three installments over 15 years from the date of completion with a fixed rate of return.

When the work order was issued, the project was the first in the state and second in the country to be developed under hybrid annuity system.

NHAI will levy toll to recover the project cost. Toll will be recovered by NHAI through a private agency other than the one executing the project.

Pardi flyover works just 36% complete in four years

Nagpur: Pardi flyover Bhoomi puja, being designed by the Indian National Highways Authority (NHAI), was performed in August 2014. It was supposed to be completed by the end of 2017, but as it is just 36 percent complete on the date and nobody knows when it will open up to traffic.

From the outset, the project had been dogged by delays. The actual work on the flyover started 22 months after the bhoomipujan, in June 2016. It soon ran into problems with land acquisitions. The NHAI still doesn’t have 40 percent of the land it needs for the project as it has done to date.

NHAI still has to receive approval for its portion design over a narrow-gauge line belonging to the South East Central Railway (SECR). MahaMetro is constructing its viaduct in the area and therefore NHAI is not having enough time to do its job. That has slowed the project down.

An official at NHAI said the project required 1.01 hectares of land, but the organization still did not have 0.34 ha of land. “The owners have declined to part with their land and Nagpur Municipal Corporation will have to go in for compulsory purchase. That will postpone the project even further. The project’s initial cost was Rs 448.32 crore, and much has increased, “he said.

Senior officer Samay Nikose, in elaborating on the project’s status, said the flyover had five weapons.

“The center is Piazza HB City. There are 30 spans to the arm towards Pardi and all of them are complete. There are 33 spans on the Itwari arm and only 10 total. This is where we face problems with land acquisition.

There are 10 spans toward the Rani Prajapati Junction on Central Avenue and we were unable to complete even one. The issues here are both land and alignment with the MahaMetro viaduct. The Manewada arm has 27 spans, but due to a narrow-gauge railway line and MahaMetro viaduct none was complete, “he said.

A rotary is being installed on HB Town Square and piling work is underway.

“The road on the Kalamna arm is 11 meters full on the right side (RHS) and 7 meters on the left side (LHS) on the service roads,” Nikose said. On LHS, except at Hanuman Temple Square, 7-meter patch was built in Pardi’s neck.

Seven-meter patch on RHS is ready and the curing is on. The service road to Manewada is 7 meters ready on RHS while the road to Itwari arm is 11 meters complete on RHS.

 

 

 

नागपुरात युवतींना तलवार व त्रिशूळ वाटप

सातत्याने घडत असलेल्या महिलांवरील अत्याचाराच्या घटनांविरुद्ध आता महिलांनीच आवाज उठविण्याची गरज निर्माण झाली आहे. स्वसंरक्षणार्थ लढण्यासाठी समाजातील प्रत्येक स्त्री कटिबद्ध व्हावी या उद्देषाने डॉ. प्रवीण तोगडिया यांच्या आंतरराष्ट्रीय हिंदू परिषदेतर्फे (आयएचपी) छत्रपती शिवाजी महाराजांच्या जयंतीनिमित्त युवतींना त्रिशूळ आणि तलवारचे वाटप महालातील छत्रपत्री शिवाजी महाराज चौकात बुधवारी करण्यात आले.

हिंगणघाट येथील पेट्रोल हल्ल्याचे प्रकरण अगदीच ताजे आहे. प्रकरणातील महिला प्राध्यापक सात दिवसांच्या संघर्षानंतर मृत पावली. या प्रकरणामुळे पुन्हा एकदा महिलांची सुरक्षा, त्यांच्यावर होणारे अत्याचार, अशा प्रकारच्या वाढलेल्या घटना आणि मनुष्यातील या पाशवी वृत्तीला-मानसिकतेला बदलविण्याची गरज आदी मुद्दे पुढे आले आहेत. महिलांवरील अत्याचाराच्या घटना सातत्याने वाढत आहेत. घटनेनंतर काही दिवस हळहळ व्यक्त होते. कँडल मार्च निघतात. मोर्चे, आंदोलन, धरणे होऊन सात दिवसांत शांतता पसरते.

पुन्हा नव्याने अशीच एखादी घटना घडते आणि पुढील चक्र फिरू लागते. या प्रकारच्या घटनांमध्ये आरोपीला होणाऱ्या शिक्षांची संख्या काही वर्षांमध्ये वाढली आहे. न्यायपालिकादेखील अशा प्रकरणांमध्ये तत्परता दाखवित आहे. परंतु, या घटनांना आळा घालण्यासाठी मानसिकता बदलविण्याची आणि घटना घडण्याची शक्यता असल्यास जागच्या जागी लागलीच थांबविण्याची गरज आहे. यासाठी महिलांनी सक्षम व्हायला आहे.

महिला सशक्त झाल्या. त्यांनी लगेच घनास्थळी संबंधित विकृतीला चोप दिल्यास अशा घटनांवर नियंत्रण येऊ शकणार आहे. त्यासाठी आंतरराष्ट्रीय हिंदू परिषदेतर्फे शिवजयंतीला त्रिशूळ आणि तलवार वाटप करण्यात आले, अशी माहिती प्रांतमंत्री किशोर दिकोंडवार यांनी दिली.

त्रिशूळ आणि तलवार वाटप उपक्रमासाठी आयएचपीतर्फे आवाहन करण्यात आले होते. त्याला प्रतिसाद देत सुमारे तीस युवतींनी उपस्थिती दर्शविली. त्यांना स्वसंरक्षणासाठी त्रिशूळ आणि तलवार देण्यात आली. या शस्त्राचा गैरवापर न करता केवळ स्वत:च्या संरक्षणार्थ शस्त्र वापरणार असल्याची शपथ देण्यात आली. तसेच या प्रकारच्या घटना कुठे घडत असल्याचे आढळताच त्याचा बिमोड करण्याचा संकल्प करण्यात आला.

 

 

PWD constructs 100 m concrete roadway in 6 hours.

Nagpur: In six hours ‘ time cement concrete route was installed by the State Department of Public Works (PWD) using pre-pressed pre-packed concrete pavement technology (PPCP) for a month or more in a traditional method.

PWD has argued that PPCP provides solutions to various concrete road problems and sets a role model for other State agencies. As the State’s first to be created, in association with the Visvesvaraya National Institute of Technology (VNIT), the PWD Executive Engineering Team AD Pohekar, Deputy Engineer Rehan Khan, Deputy Engineer Monika Mankar (Deputy Eng.), and Deputy Engineer Milind Digrajkar (PPCP). The road chosen is very narrow and densely populated.

“The PWD received funds from the Central Road Facility (CRF) for the concretization of a 480-meter long road in Rajiv Nagar that links two highways. The road was 3 meters long and is the only way to reach numerous areas; thus traffic can not be blocked.

“Cure, which is necessary for the longevity of the concrete road of cement, because of the movement of human beings would not have been possible. We used the PPCP technology, therefore. We cast concrete panels on a plant in Khadgaon via a private contractor. We also ensured sufficient cure time. We put panels on the road afterwards. It took six hours to turn a 100-meter stretch into a concrete road, “he said.

The PWD plans three days from now to complete work on the whole route.

Khan said, “This is another major achievement. We ensured the cost of the road is below the traditional system. The traditional system costs a great deal more than the PPCP. This could be accomplished by having the thickness in the traditional system up to 200 mm as opposed to 300 mm.” “But the reliability and life obtained were five times as high as the modern system. The cast and healing in an atmosphere that is friendly and idle will not be broken. Panels will be easy to substitute in the future if necessary, “he said.

The road is now 10 meters long with a 5.50 meters long driveway, footpath and stormwater drain on both sides from the previous width of around 4 m. The width and length of each panel is 2.75 meters. For a 5.50-meter carriage lane, both panels have been fixed. In PPCP there is a jetting device that also guarantees reasonable elevation and no undulation.

Khan said that where the strength of the existing road is strong, the costs of concrete roads using the PPCP technology may be lower. “We will install the current tar road until it becomes fully resistant and then put panels in place. The traditional method needs to lay dry lean concrete (DLC), which is the highest layer of cement concrete, before paving quality concrete (QPC), “he said.

Khan said urban local authorities can create concrete highways using PPCP technology in congested areas, particularly slums.

The system is very useful for the NMC. The NMC has blocked roads for months for cement concrete roads since the last nine years.

The invention was invented by VNIT. In November 2018, Thr PWD made a small portion of the Inner Ring Road experimentally using this technology.

Nagpur Metro will open the Lokmanya Nagar-Sitabuldi segment on January 28th.

Nagpur, India : The Maharashtra Metro Rail Corporation (Maha Metro) today announced that the Metro train service between the Lokmanya Nagar-Sitabuldi Interchange portion of the Aqua Line will be scheduled for 10.15 a.m. on 28 January 2020.

Maharashtra Chief Minister Uddhav Thackeray, Chief Minister of Maharashtra (via video link) and Union Minister of State (Independent Charge) for Housing & Urban Affairs, Civil Aviation, Commerce & Industry Hardeep Singh Puri will be launching the first metro train via video link. Union Minister for Road Transport, Highways and Minister for Micro, Small and Medium Enterprises (MSME), Nitin Gadkari; Secretary for Housing and Urban Affairs (MoHUA), Durga Shankar Mishra; Minister for Urban Development and Public Works (Public Enterprise), Eknath Shinde; Home Secretary, Anil Deshmukh; Minister for Power & District Guardian, Dr Nitin Raut; Animal Husbandry, Dairy D.

The Aqua Line runs from Prajapati Nagar to Lokmanya Nagar on the east-west corridor of the Nagpur Metro Rail network. The Lokmanya Nagar-Sitabuldi Interchange section of Reach III will cover a distance of 11 km with 6 metro stations. The stations to be opened to the public are Lokmanya Nagar, Bansi Nagar, Vasudev Nagar, Rachana Ring Road, Subhash Nagar, Ambazari Lake View, LAD Square, Shankar Nagar, Institute of Engineers, Jhansi Rani Square and Sitabuldi Interchange. The Commissioner for Railway Safety (CMRS) has already given a safety certificate for commercial operations for this period of time.

This section will connect academic institutions, industrial areas and other high-density residential colonies. Dr Brijesh Dixit, Managing Director of Maha Metro, urged people to attend the event in large numbers.

13.5 km out of 22.29 km of the North-South Corridor (Orange Line) opened to the public in March last year. Metro trains operate on 11 metro stations between Sitabulldi Interchange and Kahpari.

NHAI will fix some shortcomings on and under Sadar flyover | Nagpur updates

Nagpur updates:-Although the Rs218 crore Y-shaped Sadar flyover has reduced the time taken by motorists to move from Samvidhan Square to Katol Road Square and Mankapur Square, NHAI has failed to address several shortcomings in the bridge that was opened to the public on January 10.

The traffic chaos at the Kamptee-Wardha Road landing point, between Samvidhan Square and LIC Square, is now evident to everyone. TOI motorized the flyover in a car with Sandeep Agrawal, a resident of Raj Nagar (Sadar) who pointed out the many safety measures needed on and under the flyover that the NHAI had overlooked.

From all three directions, we took the flyover and also flew under the flyover. Agrawal said the travel time for the flyover has been cut. “Earlier, driving speed was 30 km per hour, but almost doubled with the flyover. Today, in 4–5 minutes, we can hit the other end of the flyover, “he said.

We started from Katol Chowk at 10.30am and even before we climbed the flyover we saw several vehicles heading down the wrong side. Before the Katol Road side flyover intersects with the other wing of the flyover near Anjuman College, it was a smooth ride for more than a kilometer.

This point of intersection requires a path divider, as many cars have been seen heading down the wrong lane. In addition, dividers should also be mounted in all three directions at the flyover entrance and exit points — Katol Chowk, Mankapur and near Kasturchand Park.
Lack of lane discipline, especially at the curves, can cause accidents over the flyover. Agarwal suggested that NHAI should build dividers at such places to bifurcate vehicle up and down movement.

Bicycle riders, usually forbidden to use any sadar flyovers, have also been found using it. We also saw a bus making a U-turn after their driver noticed that he had gone into the wrong lane. Agarwal also noted that the Sadar flyover landing near Kasturchand Park is a permanent black spot.

Then, we made a U-turn from Samvidhan Square and headed toward Katol Road under the flyover. When we continued the situation escalated. A bottleneck was in the shelter of an NIT city bus. At this point, removing encroachments and illegally parked vehicles will ease congestion considering the narrowed lane.

“Beneath the flyover, close to the NIT bus stop, traffic police and NMC need to take action against unauthorized passenger vehicles and some vendor intrusions,” he said.
Vehicle parking at either side of the road should be overcome by allocating space between the pillars of the flyover. “Due to lack of sunlight, the planting drive between the pillars will not succeed anyway,” he pointed out. Better use of those patches is to solve the problem of parking along the road, he said.

The width of the divider is more on either side from Chhaoni Durga Mandir towards Katol Chowk. “I believe the footpath width at this stretch can be decreased to increase road width, which can provide smooth vehicle movement,” he said.
We also noticed a private school parking their staff vehicles using the footpath alongside the flyover near Raj Nagar. There is also a need to cut a huge tree in the middle of Sadar road alongside the flyover since it has reduced the width of the road and can cause mishaps.

CCTVs should also be installed at flyover intersection points which can be used to penalize wrong side drivers and rash drivers.
Suggestions ON SADAR flyover 24-hour survey by all the agencies concerned, NHAI, RTO, traffic police, NGOs such as Jan Aakrosh etc. Dividers nearly all along the flyover, particularly at entry / exit points, curves, parts where traffic merges and intersects Reduce speed, prevent U-turns, wrong-sided driving Some speed breakers, big signage and blink amber light at intersection point (Acharaj Square) Pr Widen 100-200 meters of road adjacent to all flyover points to avoid bottlenecks on state and national highways taken by heavy traffic, including ST busses Slow traffic or vehicle breakdown in narrow stretches will result in congestion where traffic flows, such as defence zones, cinemas, NIT office, Raj Nagar etc.

A PLAN OF ACTION Regular traffic police manning to stop untoward incidents In-depth recce to identify issues. Next, introduce remedial measures below the flyover.

Suspend traffic on flyover for a few days, if necessary, to complete civil works Inaugurate it again with the participation of Sadar shopkeepers, MOIL officers, heads of schools and colleges, RTO officers, driving class members, military personnel, MSRTC officials, private bus owners and others who would use it, to increase their project pride, ensure compliance.

Railway station flyover renovation next month | Nagpur updates

Nagpur updates:- MahaMetro, who was asked to execute the Jai Stambh Square traffic improvement scheme by Union Transport Minister Nitin Gadkari, plans to partially raze the railway station flyover next month. However, the plan may be stalled by opposition from the shopkeepers to be affected.

An official at MahaMetro said Nagpur Municipal Corporation (NMC) had instructed the agency to rehabilitate the shopkeepers first and then go in for demolition. “We’ve got 72 shopkeepers to rehabilitate. We have already built 40 temporary shops near the railway station flyover, and by the end of the month, 20 more will be ready. Once the shopkeepers move to the new shops, we’ll begin to demolish the railway station flyover from one side, “he added.

The official said the majority of the shopkeepers wanted monetary compensation rather than shops. “Who will pay the money, MahaMetro or NMC, is yet to be determined,” he further said.

MahaMetro plans to build a large commercial complex to house the shops. It will be linked by a foot overbridge to the railroad station. The corporation will also construct a multi-level car park close to the site. The ground floor will be used by city buses while the upper floors will be used for four-wheel and two-wheel parking.

The railway station flyover must be demolished as MahaMetro wants to build a six-lane road across from the railway station. As defence land is needed for the road, a four-lane road will be constructed first and a further two lanes will be added when the ground is available.

Under the flyover, there are 165 stores. There are two unions between the shopkeepers. The first union has owners of 72 stores that existed before the flyover was built. NMC allocated the shops at a cost of each Rs8 lakh. Such shops are situated across from the entrances to the railway station. The other union has 93 shopkeepers away from the entrances to have their shops. Through paying for the Rs10.20 lakh, they got the shop.

The 93 shopkeepers do not want new shops, they want monetary compensation instead. They had met with Gadkari, who approved their application. In this regard, they will meet with Mayor Sandip Joshi Thursday morning.

Nilesh Khorgade, these shopkeepers ‘ representative, said, “We’re going to be assigned shops at the backside and so we’re not going to get any customers. Even now, since our establishments are at a distance from the entrance, we don’t get many customers. So we want cash. “The other group of shopkeepers are not willing to shift to temporary shops. “The building is without drains and water connections. Most of the shops are restaurants here. How do we work without a drain and without water? NMC needs to first develop the commercial complex and then demolish the railway station flyover, “Ramu Wankhede said. Another shopkeeper said that if he was forced to move to temporary shops he would petition the court.

Last choice for any project is to cut trees: Gadkari

Nagpur: Union surface transport and highways minister Nitin Gadkari has assured people of giving full support to the protection of trees and the environment in the news that could help ruffled environmentalists. The two-time town MP, speaking exclusively to TOI, said cutting trees “was always the last choice for any project.” Gadkari spoke a day after the municipal authorities decided to drop plans to build a road through flourishing biodiversity in the city’s Bharat Nagar area owned by Panjabrao Deshmukh Krishi Vidyapeeth (PDKV).

Calling himself an environment lover, Gadkari said, “As I think about growth, the primary focus is on ensuring progress and protection of the environment go hand in hand. I am very alert to such issues and I assure the citizens that I will give my full support. “Affirming that not a single tree would be cut in the urban mini-forest rechristened as’ Bharat Van,’ Gadkari said,” A lot of people came to meet me and we decided to find a middle way after various discussions. Our goal was to find a solution that would not harm the trees in Bharat Van. I am pleased today that not one single tree will need to be cut for this road project. “As reported earlier by TOI, on 3 April last year, hundreds of environmentally conscious people including Bharat Nagar residents, green activists, children, doctors, senior citizens and members of various civil society groups gathered to meet with Gadkari, raising their voices against the” environmental foeticide “which was expected to kill Bharat Van.

TOI was the first to comment on the planned road that was part of the nearby reconstruction project for Telangkhedi Lake. In Gadkari’s own words, his “dream project” has been the facelift for the lake by building a musical fountain and an elevated viewing gallery. This paper had also highlighted how the development plans endanger more than 500 age-old trees and a rich biodiversity ecosystem.

Environment activists in the city, welcoming the minister’s stance, stressed that the next focus should be on conserving the Telangkhedi lake. “We are thankful that the Minister has taken a decision which takes into account citizens ‘ concerns. The 220-year-old lake is on the verge of dying, while Bharat Van is now healthy. It is full of garbage, silt, and hyacinth of water which causes its dissolved oxygen levels to drop. Even if the musical fountains and other activities begin, the lake will die in a few years ‘ time, “Nagpur’s honorary wildlife warden, Jaydeep Das said.

Based on reports from TOI, Das had written a letter to Bombay high court’s Nagpur bench outlining the adverse impacts of the proposed route. HC dealt with his letter on 3 December 2018 as a suo motu public interest litigation.

Meanwhile, Nagpur Municipal Corporation and Public Works Department (PWD), MahaMetro, which is the project’s executing agency, has confirmed that dropping the road was a joint decision of itself. “The Metro had no central role in this project’s policy-planning. The roadbuilding plan was submitted as per PWD guidelines, which manages the entire project’s planning and financing, “the agency said. It added that PWD had informed MahaMetro of changes at any point.

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