NRI landlord needn’t prove ownership to evict tenant, says SC

NEW DELHI: Non-resident Indians cannot be asked to prove ownership of their property to get their tenants evicted, the Supreme Court has said while overruling a high court order.

"If ordinarily a landlord cannot be asked to prove his title before getting his tenant evicted on any one of the grounds stipulated for such eviction, we see no reason why he should be asked to do so only because he happens to be a non-resident Indian (NRI)," a Supreme Court bench said.

The court was ruling on a case from Punjab where an NRI returned and wanted to vacate a shop he had rented out as he wanted to start a business. The tenant contested the NRI's title to the shops and won a case in the lower court, and a high court bench subsequently upheld the ruling of the rent controller.

On Tuesday the top court ruled in the NRI's favour. "Section 13-B is a beneficial provision intended to provide a speedy remedy to NRIs who return to their native places and need property let out by them for their own requirement or the requirement of those who are living with and economically dependent upon them. Their position cannot, therefore, be worse off than what it would have been if they were not NRIs," it said.

Justices TS Thakur and C Nagappan said the law entitles an NRI who returns to India to demand eviction of any residential or non-residential building let out by him, if it is required for his use or his dependant.

However, the right to seek the tenant's eviction is available only after five years from the date of such NRI becoming owner of any building. This is also subject to the condition that any such right shall be available to an NRI owner of the premises only once during his life time.

"The courts below fell in manifest error in holding that the appellant-landlord was obliged to prove his title to the property, no matter the tenant clearly admits existence of...relationship of landlord and tenant between him and the appellant (NRI). We have...no hesitation in reversing the view taken by the courts below and in decreeing the eviction petition," the bench said in its order.

The court asked the tenant to vacate the premises by March 31, 2015, subject to the condition that he clears his rent arrears in six weeks and submits an undertaking in court that he would clear out by that date. If he fails to abide by these, the eviction decree can be executed right away, it said.

The said shop in a building is situated at Banga Road, Phagwara and was let out to a tenant by an NRI who was born and brought up in India but decided to return to India in 2002 after spending 30 years in the UK with the intention of settling down and establishing a hotel at Phagwara his home town.

He filed an eviction petition under Section 13-B of the East Punjab Urban Land Restriction Act, 1949, stating that he was an NRI and needed the shop for his own use and was hence entitled to get it vacated.

The tenant opposed the eviction plea on the ground that the landlord was not an NRI. The tenant also claimed that though he was a tenant in the shop, the sale deeds relied upon by the landlord respondent did not relate to the underlying land.

The rent controller ruled in the tenant's favour by an order passed on November 5, 2004, and dismissed his eviction petition on the ground that he failed to prove his ownership over the premises for a period of five years before the filing of the eviction petition as mandated under the law.

He also ruled that deposition of witnesses appearing on the NRI's behalf did not satisfactorily prove that the building comprising the shops was constructed on land purchased by him in terms of the two sale deeds produced by him.  Source:  Times of India

France keen to invest in creation of smart cities in Himachal

By PTI |

 
State aims to develop major towns like Shimla, Manali and Dharmashala as Smart Cities

Shimla, October 17: France is keen to invest in developing 'smart cities' and other urban development projects in Himachal Pradesh and looking forward to invest in the state, French Ambassador to India Francois Richier said.

The Ambassador, who led a delegation to meet the state's Chief Minister Virbhadra Singh and other concerned ministers and officers, impressed that France is keen on developing Smart Cities having adequate infrastructure and facilities like proper water treatment, waste management, urban transport and street lighting in the state.

The delegation deliberated upon various issues pertaining to advanced technologies for developing energy and power projects for Smart Cities in the state.

The delegation interacted on issues related to transport solution and mobility, technical solutions for waste collection, urban transportation and re-cycling, appropriate technology for introducing decentralised seepage management system, etc.

The Chief Minister said the state intended to develop major towns like Shimla, Manali and Dharmashala as Smart Cities and the French government had shown its keenness to adopt the towns and the State government would take up this matter with Ministry of Urban Development Government of India.

The Chief Minister assured the French delegates to study the proposals and seek their valuable and technical expertise as and when required.

Francois Richier said: "We can provide solution to Himachal Pradesh in urban infrastructure, especially urban transport, water and waste management and urban lighting and the state could also collaborate with France in developing smart cities.

According to Richier, several French companies are already working in India for development of better urban infrastructure and metro is one of them.

"In Himachal, the construction of metro is not feasible and our focus here is on developing ropeway and metro cable.

We fully agree with the importance of providing environment- friendly transport system, which helps cutting consumption of fossil fuel and lowers impact on climate change and melting of glaciers," he said.

He said there was vast potential to develop renewable energies and tourism in the state.

The other members of the delegation were Jean-Rene, Minister Counsellor and Head of Regional Economic Services for South Asia, Ilika Mann, Counsellor for Regional and Legal Relations, Embassy of France, Ms Fanny Herve, Counsellor Sustainable Development, Embassy of France, Ms Camille Severac, Project officer, French Development Agency in India (AFD) and other delegates specialised in the field of Urban Development and Solar Energy. Source: www.igovernment.in

WB keen to fund city's two new mega Metro projects

By PTI | 15th September 2014

The proposed Dahisar-Bandra-Mankhurd Metro line is estimated to cost Rs 28,900 crore

Mumbai, September 15: With the Japanese government taking a lead in funding the megapolis' many signature infrastructure projects, the World Bank has evinced interest in funding the proposed Charkop-Dahisar and Wadala-Teen Hath Naka Metro projects.

The Japan International Cooperation Agency (JICA) has already committed to fund the Mumbai Metropolitan Region Development Authority's (MMRDA) two ambitious projects-- the just announced Rs 23,136-crore Colaba-Seepz Metro and the 22 km Rs 9,630-crore Mumbai Trans Harbour Link (MTHL), which still remains on paper.

"The MMRDA is undertaking large infrastructure projects which require huge investments. Recently, the JICA has committed to funding two major projects in the city and it has also shown interest in funding some more projects as well.

"At the same time, the World Bank has also expressed interest in funding two other proposed metro projects which we will be soon taking up," MMRDA additional metropolitan commissioner Sanjay Sethi told PTI here.

The World Bank had earlier funded two phases of Mumbai Urban Transport Projects implemented by the authority. While phase I involved Santacruz-Chembur and Jogeshwari-Vikhroli link roads, phase II was to strengthen the suburban railway networks and improving its operational efficiency.

The state government recently merged the stalled Charkop-Bandra-Mankhurd Metro line with the proposed Dahisar-Charkop corridor by converting the entire line underground instead of the originally planned elevated line.

The proposed 40.2-km Dahisar-Bandra-Mankhurd Metro line is estimated to cost Rs 28,900 crore with all the 37 stations underground.

The cost of 32-km Charkop-Bandra-Mankhurd corridor was originally pegged at Rs 7,660 crore, while the 7.8-km Charkop-Dahisar corridor was estimated to cost Rs 4,680 crore.

The state has also cleared a 30.8-km-long metro link connecting Wadala on the easter fringe to Teen Hath Naka on the northwestern fringe that will have 31 stations. The link will have 10 underground stations while the rest will be on elevated line.

Source: www.igovernment.in

Govt plans to merge existing state sponsored urban housing projects

BY  PTI

The government is looking to enable online clearances for housing and other urban development projects.

With the target of providing of providing houses for all by 2022, a new integrated National Housing Mission will be launched soon by merging some of UPA's flagship schemes like JNNURM and Rajiv Awas Yojana.

Noting that the gigantic task of ensuring housing for all needs large scale participation of private developers, Urban Development and Housing Minister Venkaiah Naidu said the Government is committed to promote Public-Private-Partnership and operational hurdles will be removed by making available land required and enabling expeditious clearances.

The Minister said that in consolations with states/UTs and urban local bodies, an effort is being made to enable online clearances for housing and other urban development projects.

"We have experiences of JNNURM, Indira Awas Yojana, Rajiv Awas Yojana, Rajiv Rinn Yojana. There are so many yojana some of them even did not take off," Naidu said at a real estate conference here.

While JNNURM was meant to create urban infrastructure and also affordable housing, Rajiv Awas Yojana, Indira Awas Yojana and Rajiv Rinn Yojana launched with much fanfare were exclusively for providing housing for the needy and economically weaker sections in the society.

Targeting UPA government's flagship programmes, Naidu said Rajiv Rinn Yojana, "inspite of best efforts, could not take off. So after taking over we have studied all these schemes and now the government has decided to merge all schemes into one. It will be National Housing Mission which will be launched soon."

Lamenting the shortage of housing, he said "a decent house is a basic requirement for a dignified living. But even after 67 years of Independence, crores of families do not have proper houses to live which is big challenge before the country. That is why the government has given a clarion call for houses for all by 2022."

Assuring real estate developers all help, Naidu asserted that the proposed Real Estate Regulation Act will not "stifle and strangulate the development of real estate sector but only seeks to protect the interests of the consumers."

While responding to the concerns over excessive regulation of construction sector, Naidu emphasised the need for protection of consumers whose confidence is critical for the growth of the sector.

"Given the deficiencies in the 'Law of Torts', the consumers are finding it difficult to address their grievances as legal remedies are expensive and time consuming."

He said things were not moving as per expectation for many years now.

"The Ministry would consider the suggestion to rename the proposed law as ?Real Estate Facilitation and Consumer Protection Act?," he said.

Naidu said that he is making efforts to enable increased flow of bank finances into real estate sector through various options including that of priority lending. 

Naidu appealed to the private builders to accord priority for affordable housing schemes, saying that "profits are OK but not profiteering".

He suggested a 10-point agenda for the real estate sector to promote affordable and inclusive housing including rental housing for the economically weaker sections and low income groups looking at opportunities at the "bottom of the pyramid" as this sector is viable through larger volumes.

The agenda should include energy efficient, sustainable and aesthetic construction, harnessing solar energy and recycling of water through decentralised Sewerage Treatment Plants, rainwater harvesting and conservation of water bodies, marshy areas, grasslands, boulevards among others.

It should also include transparency and accountability in project implementation, ensuring consumer protection and symmetry of information, skill development of construction workforce and standardisation and professionalization of construction processes.

 
"Make profits but avoid profiteering and engage with central and state governments for promotion of the sector along with ensuring 'Housing for All' by 2022 in the spirit of 'Team India'," he said.