CoRWA FIVE YEAR ROAD MAP
An appeal is launched by the Secretary General, Dr. K.S. R. Murthy calling RWA experts to take up a feedback/inputs survey from all the members of CoRWA on how this apex body should go ahead in its Mission.
To this effect, he has prepared a five point agenda on which your inputs are needed to prepare a Road Map for CoRWA for the next 5 years.
The fact that the Hon’ble Minister of Urban Development and the Chief Guest for the 5th NCRWA Conference, Mumbai (18th and 19th Nov., 2017) Sri Hardeep Singh Puri announced the Government is considering a proposal to give "constitutional status to RWAs, clearly proves that” the RWAs are here and their voice is loud and clear.
- What are the major issues of RWA Mission to be taken up by CoRWA for next 5 years on priority basis?
- How CoRWA should coordinate with decision makers in the Govt.?
- Creation of Expert Groups to handle several issues of RWA Mission, based on the expertise available at different locations
- Suggestions for reorganising the Working Structure of CoRWA
- How to improve communication, coordination and Team-work in CoRWA?
Kindly provide your inputs against the above 5 items, at the earliest, preferably by end of March, 2018.
You may kindly email your inputs mainly to: corwa2013@gmail.com with copy to tptyagi@gmail.com; raovbj@yahoo.com; murthy.ksr48@gmail.com; malkajgiriuferwas@yahoo.co.in
Political Agitations Cost the Society:
AGNI Goes to Bombay High Court
AGNI will join PCGT (Public Concern for Governance Trust) and others who have filed a petition in the Bombay High Court in connection with the recent Maharashtra Bandh called by Prakash Ambedkar's party. Maharashtra's transport bus corporation suffered a loss of Rs 20 crore, while the railways lost Rs 3.40 crores. The petition seeks apart from others, compensation for the extensive damage caused to public and private property throughout the State due to the bandh. In 2003 in a PIL filed by the Late Mr. B. G. Deshmukh, Chairman of AGNI, due to which the Shiv Sena and BJP were both made t o d e p o s i t w i t h t h e Maharashtra Government Rs. 2 0 lakhs, ea c h by way o f J exemplary damages caused due to a forced Bandh called by them on 30th July 2003. Further the High Court declared that calling for and enforcing a M u m b a i B a n d h i s unconstitutional and therefore should be banned. In 2009, Mr. Julio Ribeiro of PCGT had filed a PIL in the Bombay High Court and the judges ruled that any political party instigating riots would have to pay for the damages caused to public and private property, including a loss of profit to affected businesses.
Citizens Need Quicker Services
In the state of Maharastra, there are Right to Services (RTS) Act as well as the Right to Information (RTI) Act. RTS is a more direct Act and was enacted to ensure that notified services were delivered to eligible citizens on time, while the RTI Act entitles timely information to citizens for attaining transparency and accountability. Under the RTS Act, a number of people have managed to get services soon after they sought some specific information. In case the service was not delivered on time, the officers providing the service faced action. “In most cases, citizens have written to us stating that they managed to get services after our intimation for hearing was sent to the officers,” said Swadheen Kshatriya, chief of the RTS commission.
Shailesh Gandhi, former central information commissioner, said, “An average citizen will not pursue it, but the commission should ask for an explanation and penalize officers. After all, the third appeal stage is laborious. Ideally, at this stage if they feel the designated officer has a good case, he should be spared, otherwise they should be penalised to create a fear of the Law.”
From: Mumabi Meri Jaan (Sri. Sharad Kumar ), Mumbai
FORUM FOR PEOPLE’S COLLECTIVE EFFORTS (FPCE), Mumbai
Forum for People’s Collective Efforts (FPCE) is a company formed by the core committee members of ‘Fight For RERA’ (FFR) under section 8 of the Companies Act, 2013, primarily to work towards protection of consumers in general and home buyers in particular.
As you are aware, there are associations at national and regional level, working towards protecting the interests of real estate developers / builders in India namely CREDAI, NAREDCO etc. They have become very influential mainly because it represents all major real estate companies. They influence Governments and their policies / laws, both at the Central and State level in their interest.
- We at ‘Fight For RERA’, have worked relentlessly to bring consumers/ home buyers across India under one umbrella, since our formation in September, 2015. The members travelled across the country (West, East, North and South) to apprise people of our efforts towards a more balanced real estate sector by empowering home buyers. This collective strength of thousands of home buyers gave us the power to influence the Government and the Opposition, as a result of which a pro-consumer Real Estate Act (RERA) was ultimately passed by Parliament. Needless to say, RERA was pending for more than 8 years due to strong opposition from developers. Subsequently, we were able to ensure that the Rules notified by the Central Government for Delhi and Union Territories were within the letter and spirit of the Act, which became a template for other States to adopt. Unfortunately, in-spite of our efforts, some States, under influence of real estate developers, diluted the Rules to favour them hitting at the root of the Act. FFR took up the matter with many State Governments through letters and suggestions including making representations in person, namely in the States of Uttar Pradesh, Haryana, Maharashtra, Karnataka, Gujarat, etc. Today, the homebuyers are facing challenges not only due to careless implementation of RERA but also due to the abuse of certain provisions of the Insolvency and Bankruptcy Code. Things have been further aggravated due to builders filing Writ Petitions challenging the legal validity of RERA. If these challenges are not countered effectively and successfully, not only will the homebuyers of on-going projects suffer but also that of new projects. In view of this compelling situation, the need for a parallel body / forum which could counter the developers bodies was felt. Towards this, we the core committee members of Fight For RERA formed the Forum For People’s Collective Efforts (FPCE).
- Builders have filed cases in High Courts of Bombay, Nagpur, Aurangabad, Bangalore, Jabalpur etc challenging legal validity of RERA. The Govt. of India then filed a Transfer Petition in Supreme Court seeking directive that all the cases be clubbed and heard by it. Supreme Court, in turn, directed High Court of Bombay to hear the cases, give its judgement within 2 months and stayed all proceedings in other High Courts till then. Since, the RERA Act itself has been challenged and there was no party representing Home Buyers in the said matter, we filed impleadment petition before High Court of Bombay on 29 Sep 2017. It will allow us as a party respondent in any and all Petitions that have been/may be filed before the High Court of Bombay challenging the constitutional validity of the Real Estate (Regulation & Development) Act, 2016. Eventually, Bombay High Court decided the case in our favour by upholding the validity of RERA on 6 DEC 2017. FPCE has also filed a Caveat in the Supreme Court in case the Builders challenge the decision of High Court in the Supreme Court.
- The GoI has included FPCE in the Central Advisory Committee on RERA. There are 8 directors in FPCE. I am one of them and have been appointed as the Vice President in-charge for Northern and Central India. FPCE needs your support and participation so that the voices and concerns of consumers do not go unheard.
Col Tejandrapal Tyagi, 9313922889, Vice President , FPCE, Ghaziabad
Federation of Association of Apartment Owners, Ghaziabad, UP.
The Deputy Registrar, Meerut, in his letter no. 6066–1-59509/ dt.16/12/2017 has mentioned that if any Residents Welfare Association for the welfare and maintenance of any complex, having 4 or more apartments is registered under his authority, then, it should adopt the Model Bye-Laws issued by the Government u/s 14(6) of the U.P. Apartment Act 2010 and thereafter becomes a member of the Federation of Association of Apartment Owners, Ghaziabad.
It is also informed to the Association that for adopting the Model-Bye Laws, it has to first call for a general body meeting with agenda for adopting the Model Bye Laws and then pass the resolution to adopt as they are. The adopted Bye-Laws have to be signed by all the existing Board Members and then get it registered with the Deputy Registrar Office. Meanwhile, the Association can become a member of the Federation of Association of Apartment Owners, Ghaziabad, under Bye-Law 48 of the Model Bye- Laws.
Indian Green Buildings Councils’s GREEN YOUR SCHOOL 2017
The winner is Bharthiya Vidya Bhavan, Jubilee Hills, Hyderabad, represented by Mr. S. Gopalakrishnan, Chairman of the school and Ms Rama Devi, The Principal of BVB, along with students received the trophy and INR 2.5 Lakhs cheque from Mr. C Shekar Reddy, Chair IGBC Hyderabad & Mr Anil Kumar of UTC & Carrier, yesterday. This is an all India competition in which 252 Schools have taken part with many innovative ideas & models. Bhavan’s students want to establish Waste Paper Recycling Machine with the cash award of Rs 2.5 lakh.
Standing Committee of Tarnaka Residents Welfare Association, Hyderabad
SCOTRWA conducted the core committee meeting on 21st January at their office. They have discussed various subjects, like, issue of setting up Library, meeting with the generic medicines suppliers, formation of Mahila Vibhag, meeting with the Police authorities, conducting Swach activities and collecting complete details of the RWAs in SCOTRWA. They have presented a cheque for Rs.8,000/- to Tarnaka Times. Copies of an inventory of the activities of SCOTRWA compiled by Sri Khaled Shah were provided to all members.N.S. Prasad
Tarnaka RWAs Submit Grievances to MLA 
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