REAL ESTATE REGULATION AND DEVELOPMENT BILL,2013

• 31 per cent of the Indian population, about 377 million live in the urban areas, which accounts for 63 per cent of the Gross Domestic Product (GDP)

• The bill is to fulfill the central government’s aim to improve urban conditions of living and build crucial infrastructure

• This bill focuses on affordable housing and housing for the economically weaker sections in the country

• The government has set itself the target of providing housing for all by the year 2022

• The proposed amendment to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, will give a boost to real estate property development activities in the country

• The Real Estate Bill is meant to introduce transparency in real estate dealings and provide protection to property buyers by imposing certain conditions on what is now an unregulated sector

FEATURES OF THE BILL:

• The Bill regulates transactions between buyers and promoters of residential real estate projects. 
• It establishes state level regulatory authorities called Real Estate Regulatory Authorities (RERAs). 
• Residential real estate projects and the real estate agents dealing in these projects need to be registered with RERAs. 
• Promoters cannot book or offer these projects for sale without registering them.  
• On registration, the promoter must upload details like the site and layout plan, and schedule for completion of the real estate project on the website of the RERA.  
• 70% of the amount collected from buyers for a project must be maintained in a separate bank account and must only be used for construction of that project. The state government can alter this amount to less than 70%. 
• The Bill establishes state level tribunals called Real Estate Appellate Tribunals.
  

ANALYSIS:

• Though land is a state subject the Bill passed by the parliament regulates contracts and transfer of property, both of which are in the Concurrent List.

• Some states have enacted laws to regulate real estate projects. The Bill differs from these state laws on several grounds. It will override the provisions of these state laws in case of any inconsistencies.

• The Bill mandates that 70% of the amount collected from buyers of a project be used only for construction of that project. In certain cases, the cost of construction could be less than 70% and the cost of land more than 30% of the total amount collected. This implies that part of the funds collected could remain unutilized, necessitating some financing from other sources. This could raise the project cost.

• The Standing Committee examining the Bill has made several recommendations. These include: (a) the Bill should also regulate commercial real estate, (b) smaller projects should also be covered, and (c) all real estate agents must be required to register.

• The real estate sector has some other issues such as a lengthy process for project approvals, lack of clear land titles, and prevalence of black money. Some of these fall under the State List.

• The bill seeks to set up a regulatory authority to protect consumers and promote the real estate sector none of which is completely done.

• The Bill recognizes only the promoter; the agent and the allottee and not the other players of the chain that includes the landowner, an attorney who investigates titles, the developer, the architect, the structural engineer, the approving authority, the contractor, the project manager who supervises construction, the agent and the purchaser. This will not bring in the required amount of transparency.

PUBLIC INTEREST LITIGATION

What is Public Interest Litigation (PIL)?
Public Interest Litigation is generally described as “something in which the public, the community at large, has some pecuniary interest or some interest by which their legal rights or liabilities are affected.”

PIL is not defined in any statute or act. It has been interpreted by judges to consider the intent of public at large.


How the PIL has evolved in India?

Till 1960s and 1970s, the concept of litigation in India was seen as a private pursuit for the vindication of private vested interests. The initiation and continuance of litigation was the prerogative of the injured person or the aggrieved party which was greatly limited by the resources available with those individuals. There were very little organised efforts or attempts to take up wider issues that affected general public at large.


However, this scenario had changed during Eighties with the Supreme Court of India led the concept of Public Interest Litigation. It gave all individuals in the country and the newly formed consumer groups or social action groups, an easier access to the law and introduced in their work a broad public interest perspective.


What is the constitutional base for the evolution of PIL in India?

Public Interest Litigation arose as a challenge to the traditional model of adjudication. The Constitution of India provides the legal basis for the development of PIL. Under Article 32, the Supreme Court of India had original jurisdiction over all the cases concerning fundamental freedoms enumerated in Article 14 thru 25. If a fundamental freedom has been allegedly violated, the complainant may seek redress directly from the Supreme Court of India. Article 32 specifically allows this method of redress. The Supreme Court has suggested that Article 226 is broader and, as such, if the complaint is of a “legal wrong” the correct forum is State High Court. The Supreme Court of India upheld this interpretation of these articles as gateways to PIL actions.


Name the judges who introduced PIL in India?
Justice P N Bhagwati and Justice V R Krishna Iyer


Who can file a PIL?

Any public-spirited person can file a PIL on behalf of a group of persons, whose rights are affected. It is not necessary, that person filing a case should have a direct interest in this PIL


What are the conditions to be fulfilled to file a PIL?

a) There must be a public injury and public wrong caused by the wrongful act or omission of the state or public authority.


b) It must not be frivolous litigation by persons having vested interests.


Against whom PIL can be filed?

PIL can be filed only against a State Government, Central Government, Municipal Authorities, and not any private party. However a “Private party” can be included in the PIL as a “Respondent”, after making the concerned State authority a party.


What are the characteristics of PIL?

a) Procedural Flexibility: The Supreme Court of India can be flexible regarding the rules of procedures in PIL actions. To broaden access to justice, actions may be commenced by a formal petition or by just writing a letter to the court.
Eg: Advani v. Madhya Pradesh, the court accepted a clipping of a newspaper story about bonded labourers as the basis for a PIL action.


b) Relaxed Rules of Standing: The traditional rules of standing require the participants have some real interest in the action. The Supreme Court relaxed the rule of locus standi.


c) Activist Interpretation: Through PIL, the Indian courts have expanded their interpretation of the fundamental freedoms protected in Indian Constitution.
Eg: In Tellis v. Bombay, the Court held that the right to life “is wide and far reaching” and includes the right to a livelihood.


d) Remedial Flexibility: The Indian courts have flexibly interpreted their inherent power to do justice. For example, petitions may be made directly to the Supreme Court of India, rather than through the usual civil process.


Eg: In Mehta v. India, a chemical plant was closed after a gas leak.


What are the criticisms of PIL in India?

a) Judicial Activism: PIL has clearly resulted in Indian judges encroaching upon parliament’s policy and administrative functions.
Eg : Bhandua Mukti Morcha

b) “Publicity” Interest Litigation: PIL is being used by corporations and elites to further their interests in the name of the “public.”
Eg: A petitioner filed a PIL at the Delhi High Court to stop a visit by Pakistan’s President, Gen.Pervez Musharraf.

c) Lawyers are more concerned with the publicity generated by a large-scale PIL case than by the actual outcome of that case.


What are the effects of “Publicity” Interest Litigation?

The rise of “Publicity” Interest Litigation has two effects: First, some disadvantaged or impoverished groups or people might not be able to secure counsel to forward their genuine PIL claims. Second, the courts’ dockets are being crowded with so many PIL cases, plaintiffs might be dissuaded from seeking a judicial remedy or the case might take too long for the remedy to be effective.

What needs to be done?

Justice Bhagwati argues that PIL is “a sustained effort on the path of the highest judiciary to provide access to justice for the deprived sections of Indian humanity.” Through relaxed rules of procedure and standing and many other tools, PIL has become a powerful tool for many Indians seeking to protect fundamental human rights.

PIL now does require a complete rethink and restructuring. Anyway, overuse and abuse of PIL can only make it stale and ineffective. Since it is an extraordinary remedy available at a cheaper cost to all citizens of the country, it ought not to be used by all litigants as a substitute for ordinary ones or as a means to file frivolous complaints. PIL has translated the rhetoric of fundamental rights into living reality for at least some segments of our exploited and downtrodden humanity. Under trial prisoners languishing in jails for inordinately long periods, inmates of asylums and care homes living in sub-human conditions, children working in hazardous occupations and similar disadvantaged sections. Hence, any change to improve it further should be encouraged and welcomed.

JANANI SURAKSHA YOJANA

What is JSY?

            Janani Suraksha Yojana (JSY) is a safe motherhood intervention under the National Rural Health Mission (NRHM) being implemented with the objective of reducing maternal and neo-natal mortality by promoting institutional delivery among the poor pregnant women.

Which Ministry implements the JSY?

            Ministry of Health and Family Welfare, Government of India. It is a 100% centrally sponsored scheme

When did JSY launch and where is it implemented?

            The JSY was launched on 12^th April 2005 and it is being implemented in all states and UTs with special focus on low performing states.

What does the JSY integrate and how the success is determined?

            JSY integrates cash assistance with delivery and post-delivery care. The success of the scheme would be determined by the increase in institutional delivery among the poor families.

How the JSY is implemented?

            The JSY has identified ASHA, the accredited social health activist as an effective link between the Government and the poor pregnant women in 10 low performing states(8 EAG states, Assam and Jammu and Kashmir) and the remaining North East states. In other eligible states and UTs, wherever, AWW and TBAs or ASHA like activist has been engaged in this purpose, she can be associated with this Yojana for providing the services.

How the states were classified and which are the low performing states?

            States were classified into Low Performing States and High Performing States on the basis of institutional delivery rate. LPS are those states which have institutional delivery rate 25% or less and HPS are with more than 25%.

            Low Performing States are Uttar Pradesh, Uttarakhand, Madhya Pradesh, Chattisgarh, Bihar, Jharkhand, Rajasthan, Odisha, Assam, Jammu and Kashmir.

What are the important features of JSY?

a)     Scheme focuses on the poor pregnant woman with special dispensation for states having low institutional delivery rates.

b)    Tracking each pregnancy which effectively help in monitoring Antenatal check up and post delivery care.

c)     Eligibility for cash assistance.

LPS States : All pregnant women delivering in government health centres

HPS States : BPL pregnant women, aged 19 years and above

LPS and HPS States : All SC and ST women delivering in government health centres.

d)    Cash assistance should be disbursed effectively at the institution itself.

e)     Cash assistance to ASHA.

f)      Assistance for Home delivery.

What is the role of ASHA and other link health worker associated with JSY?

a)     Identify pregnant women as a beneficiary of the scheme and report or facilitate registration for ANC

b)    Assist the pregnant woman to obtain necessary certifications wherever necessary

c)     Provide and/or help the women in receiving at least three ANC checkups including TT injections, IFA tablets

d)    Identify a functional government health centre or an accredited private health institution for referral and delivery

e)     Counsel for institutional delivery

f)      Escort the beneficiary women to the pre-determined health centre and stay with her till the woman is discharged

g)     Arrange to immunize the newborn till the age of 14 weeks

h)    Inform about the birth or death of the child or mother to the ANM/MO

i)       Post natal visit within 7 days of delivery to track mother’s health after delivery and facilitate  in obtaining care, wherever necessary

j)       Counsel for initiation of breastfeeding to the newborn within one hour of delivery and its continuance till 3-6 months and promote family planning

ARYA SAMAJ

The organisation:

·        Motto: To civilise the world

·        Formed by Swami Dayanand Saraswati (formerly Mulshankar) at Mumbai in  1875 later the headquarters was moved to Lahore.

·        Aim was to bring in spiritual, social and educational reforms.

·        Had strong support in Punjab and North India.

Swami Dayanand Saraswati and his works:

·        He published his famous work Satyartha Prakasha (The True Exposition).

·        Believed in a classless and casteless society with stress on a united India

·        Was inspired by Vedas  and considered it to be the origin of Hinduism

·        Gave a call “Back to the Vedas” to revive Vedic learning.

·        Criticized evil and orthodox practices like idol worship, untouchability, polytheism, black magic, animal sacrifices etc

·        Was a modern man and was patriotic towards national problems

Role of samaj in reformation:

·        Opposed child marriages and fixed marriageable ages for both boys and girls

·        Supported inter caste marriages and widow remarriages

·        Supported gender equality and better status for women

·        Samaj helped people in crisis like floods, famines and earthquakes

·        With emphasis on western education the samaj started DAV (Dayanand Anglo Vedic) schools.

·        Gurukuls were started to impart traditional education

·        Justice to all and fairplay between men and nation.

·        Gave self confidence and self respect to Hindus undermining the myth of white superiority

·        Samaj started the Shuddhi (purification) movement to reconvert to Hinduism the converts of Islam and Christianity. This led to the communalisation of Indian politics.

Principles of Arya Samaj

·        God is primary source of all knowledge

· God is formless, omniscient, just, merciful, unborn, endless, unchangeable, beginning-less, unequaled, the support of all, the master of all, omnipresent, immanent, un-aging, immortal, fearless, eternal and holy, and the maker of all. He alone is worthy of being worshiped.

·        The Vedas are the scriptures of all true knowledge

·        One should always be ready to accept truth and to renounce untruth.

·        Dharma is the guide to deliberating what is right and wrong.

·       The prime object of the Arya Samaj is to do good to the world, that is, to promote physical, spiritual and social good of everyone.

·    Our conduct towards all should be guided by love, righteousness and justice.

·        One’s own progress should depend on the upliftment of others

·    Social well being of mankind is to be placed above an individuals well being

·        Ignorance should be dispelled and knowledge increased.

Prominent Arya samajists:
Lala Lajpat Rai, Pandit Gurudutt, Lala Hansraj, Swami Shradhananda among others.

CAUVERY...

CAUVERY
LIFE IS BATTLE
THE MORE YOU SWEAT DURING TRAINNING
THE LESS YOU BLEED DURING WAR

CAUVERY
LIFE IS A MARATHON
THE MORE ENERGY YOU SAVE INITIALLY
THE MORE ARE YOUR CHANCES OF WINNING

CAUVERY
LIFE IS A GAMBLE
BUT PLAY IT WITH GREAT ZEAL
THOUGH THE OUTCOME IS NOT IN YOUR HANDS

CAUVERY
LIFE IS A DREAM
YOU NEED NOT REMEMBER EVERYTHING
FILTER THE BAD ONES OUT AND RETAIN THE SWEET ONES

CAUVERY
LIFE IS LIGHT
VIEW IT THROUGH THE PRISM OF YOUR EYES
YOU WILL WITNESS IT SPLITTING INTO DIFFERENT COLORS

CAUVERY
LIFE IS AN ANTIBIOTIC
IT WILL CREATE CIRCUMSTANCES FOR YOU TO LEARN FROM
AND GIVE SOLUTIONS TO ALL YOUR TROUBLES

CAUVERY
LIFE IS A RIVER
NEVER STAGNANT NEVER QUITE RUNNING WITH HIGH ELAN
BUT MAKE SURE YOU DO NOT MEANDER LIKE IT!!!