Mix reaction of developers on SC’s stay order

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By Rohit Sharma


After reading the verdict of the Supreme Court, it appears that there is a stay on construction for those states which do not have an SWM policy. Since Maharashtra already has an SWM policy, the stay on all construction would not be applicable to Maharashtra. In case there are any lacunae, the Government of Maharashtra would definitely get them cleared the earliest, Nayan Shah – President CREDAI MCHI said.

The Supreme Court on August 31, imposed stay order on constructions across Maharashtra and other states/ Union Territories until the policy is framed.

SC said, “It is unfortunate that some States and Union Territories have not yet framed any Policy under the Solid Waste Management Rules, 2016.”

In case the States have the interest of the people in mind and cleanliness and sanitation, they should frame a Policy in terms of the Solid Waste Management Rules so that the States remain clean, it added.

According to the source, Maharashtra government is planning to appoint a special counsel to place the matter before the apex court. However, the association and state government will look after and will try to resolve this issue at the earliest, said a source who did not wish to be named.

SC has posted date of next hearing of October 9, 2018, which means states which are listed by SC will have to stop construction for one month. If there is a complaint against not complying with the order, will have to face stringent action, a source which is well versed the order said.

“The industry is still in recovery mode and such a decision at this point in time will have far-reaching effects and is expected to reduce the supply in the market thereby increasing the property prices and hurting the buyer sentiment. The move will delay the delivery dates of under construction projects further adding inconvenience to the buyer. While the judgement has been passed with good intention but the impact could have been reduced by not imposing a ban on construction activities of under construction projects”, Manju Yagnik, Vice Chairperson, Nahar Group said.

This decision comes after the news report titled, “Outrage as parents end life after child’s dengue”. Almost every state is penalized and asked to deposit fine within two weeks for utilization of juvenile justice issues. The amount varies from Rs 5 lakh to Rs 3 lakh.

Madhya Pradesh, Maharashtra, Odisha and Uttarakhand have to serve penalty of Rs 3 lakh for not framing the State Policy/not complying with the orders of this Court, the order stated.

“The attitude of the States/Union Territories in not yet framing a Policy even after two years is pathetic, to say the least”, SC said.

Further constructions in the States/Union Territories are stayed until the Policy is framed, it added.




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