SC lifts stay on construction in state

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By Rohit Sharma


Supreme Court gives major relief to the Real Estate industry by lifting the stay on construction in Maharashtra and Uttarakhand on Wednesday.

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

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

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

The state had framed the policy in 2017  but due to some communication gap, it was not informed to the court, Advocate Shekhar Naphade and advocate Nishant R Katneshwarkar, appeared for Maharashtra, told the bench.

Uttarakhand has framed the policy according to the rule which will now go before the cabinet for approval, the counsel for the state said the bench.

The state had also deposited Rs 5 lakh fine to Supreme Court. The government failed to deposit first fine of Rs 2 lakh in July and second fine Rs 3 lakh was imposed on August 31.

Manju Yagnik, Vice Chairperson, Nahar Group and Vice President, NAREDCO Maharashtra said,  “This is a welcome move as this kind of ban could have shaken up the entire real estate eco-system resulting to halting the construction for an indefinite period of time.”

If the ban was not lifted at this point in time it would have impacted the projects which are near completion and under construction as their delivery dates would be delayed further adding inconvenience to the buyer, Yagnik added.

Further, she said, it would have also impacted the livelihood of daily wage labours as their source of income would have been stalled with no construction activity being carried in the state.

“We at CREDAI-MCHI were positive that Hon’ble Supreme Court would lift the ban on all construction in Maharashtra, as the policy and Rules on Solid Waste Management (SWM) were already in place in Maharashtra. The ban is lifted now which is great news for the Real-Estate industry”,  Rajesh Prajapati, PR Committee Chairman, CREDAI-MCHI said.

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