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Showing posts from July, 2017

Letter to Municipal Commissioner regarding Granting of OC to buildings above 15 years of age.

ALERT CITIZENS FORUM OF INDIA A7/303, SAKET CHSL, SAKET MARG, THANE (W) 400601 July 5, 2017 The Hon. Municipal Commissioner, Thane Municipal Corporation, Thane. Respected Sir, The Maharashtra Assembly on April 1, 2017 passed a bill amending the Maharashtra Regional and Town Planning Act, 1966 to regularize illegal constructions built before December 31, 2015 on the payment of penalty.  As per the amendment, such structures will be declared as compounded structures after payment of compounding charges, infrastructure charges and premium by the owner and occupier. The amendment also did away with the previous sanction for prosecution in cases where unauthorized development has been carried out or is being carried out on the plot having an area of more than 1,000 square metres.  The government decided to amend the Act to enable regularizing unauthorized deve lopments carried out on or before December 31, 2015 and which are in conformity with the Development C

Society to compensate for leaking roofs

1] The Bombay High Court, in a recent decision, has held that a co-operative society is responsible for repairs of a leaking roof. Court ruling: Justice BH Marlapalle, in his decision, ordered Humble Home Cooperative Housing Society in Bandra to reimburse Rs 8,458 -- cost of roof repair -- to Sham Balani, a flat owner. The case dated back to 1990, when Balani, who had to repair the roof of his top floor flat as it was leaking, demanded that society reimburse the expenses as per the Maharashtra Cooperative Societies Act, 1960. The issue became a little tricky, as the terrace above Balani's flat was owned by another flat owner as a private terrace. In a suit before the Co-operative Court, Balani pleaded that according to principles governing cooperative housing society, even the private terrace belonging to one of the flat owners was the property of the society, hence the society was responsible for its repairs. The Cooperative Court upheld this argument, and directed the society, t

GST Insight and applicability of GST on Co-op Hsg Societies-

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GST Insight and applicability of GST on Co-op Hsg Societies- Why Maharashtra Housing Society is covered under GST GST is applicable to the dealer-person who is rendering the service or supplying the goods in its regular course of business activity. Person has been defined under 2(84) as follow:- “person” includes— (a) an individual; (b) a Hindu Undivided Family; (c) a company; (d) a firm; (e) a Limited Liability Partnership; (f) an association of persons or a body of individuals, whether incorporated or not, in India or outside India; (g) any corporation established by or under any Central Act, State Act or Provincial Act or a Government company as defined in clause (45) of section 2 of the Companies Act, 2013; (h) anybody corporate incorporated by or under the laws of a country outside India; (i) a co-operative society registered under any law relating to co-operative societies; j) a local authority; (k) Central Government or a State Government; (l) society as defined under the So

LEGAL AND ILLEGAL ALTERATIONS TO A FLAT

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At Sahakarsutra, we are flooded with questions as to what constitute legal and illegal alterations to a flat. The following works in course of renovation to flats do not require permission from the Corporation and are legal alterations. However, prior intimation to the Society Managing Committee before undertaking the works is a must. ·           Plastering, painting, pointing of your flat ·           Providing guniting to the structural members or walls ·           Changing floor tiles ·           Repairing WC, bath or washing places ·           Repairing or replacing drainage pipes, taps, manholes and other fittings ·           Repairing or replacing sanitary, water plumbing or electrical fittings ·           Replacement of existing water-proofing material of the terrace. The only pre-condition to the above works are: ·           The original tenantable structure (whether rental or ownership) must be legal. ·           Though no Corporation permi