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adProperty News For June 2008

     
 
Fire engineering for buildings
Source : The Hindu Property Plus Published On : 2008-06-14 City : Chennai

Examining and thinking through problems associated with aspects of fire safety is essential

Many people, directly or indirectly involved in the design, construction or management of buildings view compliance with safety regulations as an awkward problem to be overcome with minimum cost. Seldom is it understood that fire safety objectives that underpin these provisions are limited.

Typically, also, the safety of fire fighters and protection of property are merely given token consideration. And, even if comprehensive legislation existed at the national level, it may not be effectively monitored or controlled on the ground. A practical introduction to fire resistance performance in buildings in a format that is intended to appeal not only to experts, specialists, practitioners, regulators and controllers in the fire community, but, additionally, to other disciplines working in the mainstream building sector....

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Issues in evicting a tenant
Source : The Hindu Property Plus Published On : 2008-06-07 City : Chennai

In regard to tenancy and eviction one has to establish what is bona fide . writes C.H.Gopinatha Rao

Eviction of tenant is permitted under the Tamilnadu buildings ( Lease and Rent Control Act) if the requirement of the landlord to have the tenanted portion is bona fide. The question that follows is what is bona fide and how to establish it? In the Shive Surup Gupta vs De.MaheshChand Gupta case (AIR 1999 SC2407 (1999) 6 SC 222), the apex court considering the bona fide requirement has held that " the term bona fide refers to a state of mind. The requirement is not a mere d esire. The degree of intensity contemplated by "requires " is much higher than mere desire

Order upheld

In the case of B.Koshore Proprietor B Kishore Auto spares Chennai vs D.Maragathavalli Chennai ( 2007 MLJ 251 ) a tenant sought 11 months time for finding an alternative site when the landlord filed the eviction petition. On the assurance of the tenant, the landlady withdrew the eviction petition. However; the tenant subsequently filed a counter petition that if he is evicted he will be subject to great hardship. In the counter filed by the landlady it was stated that the tenant owned a three-storeyed building worth about Rs. 30 crores and also three more buildings in the city. The High Court observed that when tenant owns other buildings, he cannot raise the plea of hardship being caused and upheld the eviction order passed by the lower courts. ...

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Keep off land earmarked for public
Source : The Hindu Property Plus Published On : 2008-06-14 City : Chennai

The land reserved for public purpose in a layout cannot be used for any other use, writes C. H. GOPINATHA RAO

The need to obtain proper approval for layout cannot be more stressed. One often finds buyers misled when it comes to layout rules.

There are well-defined rules regarding the number of plots, road widths and common spaces such as playgrounds to be provided in a layout. In spite of the rules being in place, there are cases where layouts have inadequate road widths. ...

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Registration fee on uds or built up area
Source : The Hindu Property Plus Published On : 2008-06-07 City : Chennai

I am planning to buy a flat in Bangalore and met a few promoters. One of them says the registration is based on Undivided Share (UDS) and I have to pay Rs.2200 per sq.ft of UDS (Calculation = (Rs.2220 * Sq.Ft) *9.5%) towards registration charges.

The other promoter says I have to pay Rs.165 towards the built up area (Rs.165 *> built up area). Which is correct?

Prathab, Chennai...

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Will builders compensate the delay
Source : The Hindu Property Plus Published On : 2008-06-07 City : Chennai

Construction Agreement will guide the negotiation in handing over the apartment, writes R.L.Narayanan

Any plan to buy an apartment involves cost calculations, finance and a good workable agreement with the developer. When you have them all in place, you would go ahead and buy it.

You would have mutually agreed on all terms and conditions and you look forward to the date of delivery of the completed apartment. Everything goes well till the completion of the apartment gets delayed and the date of delivery gets postponed. What do you do then? How do you move forward? ...

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