EWS reserved plot in 180 acre township EWS reserved plot in 180 acre township

6 months ago

Hello, i plan to buy a 800 sq ft. plot in kanchipuram township. It is aprt of a massive 180 acre project with dtcp and rera approvals. however, in the dtcp approval it stated that the last 200 plots that is around 10 percent is reserved for EWS. Builder says there should be no issue but would welcome legal advice.

Legal Counsel Vidhikarya

Responded 6 months ago

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A.Dear Client,
Both DTCP and RERA approval serves as a mark of credibility for a real estate project, providing assurance to buyers that the development adheres to approved standards and regulations. It also safeguards buyers' interests by ensuring that the developer has fulfilled the necessary legal and infrastructural requirements. If you want to keep your investments safe, you must verify whether the housing or commercial project is being constructed after getting approval from the concerned DTCP. Builders would face hefty fines if they did not set aside 15% of space in their housing projects for the economically weaker sections (EWS). The Ministry of Housing has asked states to crack down on developers who violate EWS reservations. Repeated failure to implement the policy may also result in the government taking back land allocated for such projects. Govt. policy to provide housing to the weaker sections of society, and non-compliance will result in tough action from the government. Builders cannot go against the National Housing and Habitat Policy, which has made it mandatory for them to set aside at least 10% for EWS construction, Apart from EWS allocation, necessary building bye-laws and lay-out clearances by registered architects have to be in place before the builders can advertise their properties. Therefore, the Central Govt. has directed states to enforce the reservation strictly. So, considering the above feedback and updates on the subject, instead of relying on the assurance of the Builders/Developers, you should satisfy yourself about the status of the land directly from the concerned authorities who approved the project before finalizing the deal.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 6 months ago

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A.Dear Client,
Review all legal documents related to the property, including the sale agreement, title deed, and the DTCP approval. Ensure that the project has received the necessary approvals from the local authorities, including DTCP and RERA. If the DTCP approval mentions a reservation for economically weaker sections (EWS), it's crucial to understand the implications. EWS reservations are meant to provide housing for underprivileged sections of society. The builder should clarify how this reservation affects your specific plot. Ensure that the seller has clear and marketable title to the property and that there are no legal disputes or encumbrances on the land. Additionally, clarify the expected possession date and the terms of handover and comply with stamp duty and property registration requirements as per local laws.
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