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Maharashtra

Poll for 367 local bodies in Maharashtra sans OBC reservation, contempt if orders breached: SC

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The Supreme Court on Thursday pulled up the Maharashtra State Election Commission (SEC) for re-scheduling the poll for 367 local bodies to grant OBC reservation, and also cautioned its chief and other officials of contempt of court, if its orders are breached.

A bench, headed by Justice A.M. Khanwilkar, said the poll schedule was already notified when it allowed OBC reservation and the polls for those bodies must be held without the OBC reservation.

It said the SEC cannot interfere with the election, which has already been notified and only the dates can be re-aligned.

The bench, also comprising Justices Abhay S. Oka and J.B. Pardiwala, did not appreciate that despite clarifying the issue several times, the SEC had taken a decision to re-schedule the poll. The bench made it clear that the SEC and the officials concerned would be liable for contempt of court for breaching its order.

“This is not acceptable. You (SEC) are trying to misread our order for your convenience and maybe under dictation of someone… Do you want us to issue contempt notice?….”

The bench said the election for 367 local bodies were to be notified according to the May order, and this position had been re-stated in multiple orders. The top court was informed that as per SEC affidavit, the election was deferred for two municipalities.

It said the SEC cannot interfere with the election that has already been notified, and directed that SEC cannot re-notify the election programme to these 367 local bodies.

On July 20, the Supreme Court accepted the recommendations of the Banthia commission to apply 27 per cent OBC reservations in local body elections in Maharashtra, and directed that election for local bodies in the state be notified in the next two weeks.

In December last year, the top court had directed that reservation for OBCs in local bodies will not be permitted unless they fulfil the triple test, and until the triple test is fulfilled, the OBC seats would be re-notified as general category seats.

The Supreme Court, in its order in March last year, while reading down the OBC reservation in local bodies, asked the Maharashtra government to comply with three conditions – to set up a dedicated commission for collecting empirical data on the OBC population, specify the proportion of reservation, and ensuring cumulative share of reserved seats doesn’t breach 50 per cent of total seats.

Maharashtra

Maharashtra: Shinde-Fadnavis govt ‘erases’ Tipu Sultan’s name from Mumbai playground

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Mumbai: In a potentially controversial move, the Maharashtra government has ordered the removal of Tipu Sultan, the ruler of the Mysore kingdom, now in Karnataka, given to a prominent suburban garden and playground by the erstwhile Maha Vikas Aghadi government.

Making the announcement, Bharatiya Janata Party’s Mumbai Suburban District Guardian Minister M.P. Lodha said the decision was taken recently at a meeting with the Collector.

“Finally, victory of the Right! Ordered removal of name Tipu Sultan from the park in Malad after considering protests by Sakal Hindu Samaj and demands by BJP MP Gopal Shetty,” said Lodha.

He said in the DPDC meeting last year, the previous MVA government had decided to name the park after Tipu Sultan and the BJP had protested the move.

However, after dropping Tipu Sultan’s name, the government of Chief Minister Eknath Shinde and Deputy CM Devendra Fadnavis has not yet decided on its renaming, the Minister added.

The former MVA Minister Aslam Shaikh had revamped the park, included many amenities and sports facilities for the locals and it was named as ‘Shaheed Tipu Sultan Playground’ in January 2022, ahead of the BMC elections, which got postponed.

Sultan Fateh Ali Tipu (1751-1799), famed as just ‘Tipu Sultan’, ruled the Mysore kingdom from 1782 onwards till his rout and death in the Fourth Anglo-Mysore War (1798-1799).

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Maharashtra

Maharashtra: Going to buy a house soon? Here are 14 ‘must know’ points to keep in mind

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Prior to stepping out to commence house hunting, the home buyers are supposed to do some homework. Usually, individuals either approach real estate agents or walk-in into a developer’s construction and sales site. What gets ignored is due diligence as prescribed by the Maharashtra Real Estate Regulatory Authority (MahaRERA).

A homebuyer should always be cautious on what they are verbally assured and promised by the builder and an agent vis-à-vis what is actually mentioned in the fine print of the documents signed. There have been numerous instances wherein there has been a mismatch in verbal promise and the legal conditions in an agreement for sale.

The Maharera has issued some basic guidelines for such home buyers as well as investors to prevent fraud and getting into trouble while transacting in a real estate deal.

Prior to sealing the deal, question oneself with:

BEFORE BUYING A HOME

1) Check only MahaRERA registered project

2) Verify developer mentioned completion date on MahaRERA’s website

3) Ink an agreement and allotment letter as per prescribed format

4) Don’t pay more than 10% payment prior to signing the agreement

5) Entertain only through MahaRERA registered real estate agents

IMPORTANT MahaRERA PROVISIONS

6) Financial Discipline: 70% of funds collected to be used for construction

7) Transparency: Detailed project information on MahaRERA’s website

8) Quarterly progress reporting by promoters

9) Consent of two-third allottees must for any major project alteration or addition

10) Complaint filing & conciliation

AFTER THE PURCHASE

11) Monitor the project’s progress through MahaRERA website

12) Only MahaRERA Carpet Area to be referred to for all transactions

13) Ensure documents are as per Model Agreement & Model Allotment Letter

14) Complaint against Promoter or Agent for breach of any promise

If the project is registered with MahaRERA, the developers have to fulfil several conditions under the RERA Act for the benefit of the customer. These conditions include maintaining an escrow account for the project. A total of 70% of the money received from the buyers for the project has to be kept in this account to undertake work on the same project. Moreover, the developer is required to update the project status on MahaRERA’s website every three months.

“Apart from this, starting January 1, MahaRERA will register new projects having the DIN Number of all the directors and promoters of the project. This is to make transparent the related interest that the promoter has other than the project that is under construction,” said a MahaRERA official.

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Bhayandar: Two youths die in accident while returning from ‘Pathaan’ night show

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In a tragic incident, two youths died after their bike was hit by the driver of a rashly driven truck in Bhayandar late on Thursday night. The duo were returning home after watching the night show of the recently released movie ‘Pathaan’ at Rassaz Multiplex in Mira Road. According to the police, the mishap was reported at Golden Nest circle at around 12:30 am when the deceased who have been identified as-Abrar Ali Manihar (22) and his friend Tufail Shamim Shah (26)- both resident of Azad Nagar in Bhayandar (east) were returning home on the latter’s bike after watching the night show of the recently released movie ‘Pathaan’ at Rassaz Multiplex in Mira Road.

Declared dead on arrival by doctors

The truck was headed towards the Phatak road from the direction of Kashimira. Both who suffered severe head and other injuries were declared dead before admission by on-duty doctors of a nearby hospital. “We have arrested the 45-year-old truck driver identified as Usman and booked him under section 304 (a) of the IPC for causing death by negligence,” confirmed senior police inspector of Navghar police station- Milind Desai. Further investigations were under way.

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