• Buying property

I am planning to buy a resale flat in Mumbai and have already paid the token. The builder is Lokhandwala builders. People are already staying in this building since around Nov 2015.Bank has also cleared and sanctioned the loan. I got to know that an environmental activist has filed a case and in relation to this in Sep 2016 -- the environmental clearance was obtained by the builder which was circulated to the society. The Society is registered and all the water, electricity all connections in place.  But now I am given to understand that the same environmental activist has filed the case with  NGT. In lieu of this would like to understand the implication of this and should I proceed with the purchase of the flat.
Asked 1 month ago in Property Law from United States
Religion: Other
1) it is necessary to peruse complaint filed by consumer activist before NGT to advise 

2) has builder obtained OC 

3) if occupation certificate is issued it would imply that building has been completed as per sanctioned plans 

4) you can wait till NGT disposes of the complaint filed by activist 
Ajay Sethi
Advocate, Mumbai
25921 Answers
1412 Consultations
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An appeal against the earlier order has been filed. If the NGT were to reverse the earlier order it can do so only after hearing the objections of the builder and the residents who are staying in the said building. 
At this point in time I do not see any impediment for you to proceed with the purchase of the flat. 
Kiran N. Murthy
Advocate, Bangalore
800 Answers
55 Consultations
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First and foremost you must get it checked. checking is a concept by which a person can figure out if there is indeed any litigation pending on a certain property or if the title is in dispute. fiind a lawyer in Mumabai who an go to NGT and check the validity of the pending litigation and if the litigation is indeed true then what are the reliefs sought by the activist in his petition. 

Because if its about a procedural miss then the builder might be directed to pay a penalty and that wont be your problem as such. But if its about the acquisition of land which is in dispute then you might have to rethink your decision to go ahead with the deal.
Saptarshi Banerjee
Advocate, Kolkata
215 Answers
4 Consultations
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Hi, Suppose the builder has not obtained proper clearance from pollution control board or builder has violated certain norms of the pollution control board then you are in trouble.

2. It is better you have to verify the nature of the case filed in the Green Tribunal and after obtaining legal opinion you can proceed further in the matter.
Pradeep Bharathipura
Advocate, Bangalore
4184 Answers
147 Consultations
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1. The environment clearance has already been obtained by the builder.

2. All other required formalities have been complied with by the builder.

3. The building has been constructed as per sanctioned plan and O.C. has been obtained by bthe builder from the sanctioning authority.

4. There is no stay on construction and/or occupation of the flats in the said building.

5. In case the above statements are true, then you can buy the property duly complying with all other formalities required for buying a resale flat.
Krishna Kishore Ganguly
Advocate, Kolkata
13141 Answers
280 Consultations
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It is best to avoid buying a property that is embroiled in litigation. Better await the outcome of the proceedings before the NGT and then take a call. 
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
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The National Green Tribunal  made it mandatory for developers to get environmental clearance for projects above 20,000 sq m.
"If the project area is less than 20,000 sq m, developers can get approval at the local level itself. Developers used to exclude non floor space index (FSI) while submitting plans, so as to decrease the total construction area and get the plan approved by the local corporation,
Non-FSI area includes staircase, lobby, flowerbeds etc. Even though developers were charging buyers for super built-up area, they were systematically dropping this non-FSI area to avoid environmental clearance.
If a project is to be submitted for environment clearance, developers will have to show the entire plan, including parking space, recreation facilities, open space and fire safety system.
NGT order stated that the 2011 circular of the environment impact assessment will be applicable retrospectively since 2006.

Thus, you ascertain the facts based on the ruling by NGT given above and decide about proceeding with your proposal to buy the property.
T Kalaiselvan
Advocate, Vellore
16282 Answers
151 Consultations
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