(Authored by Anil Nair) The Maharashtra Legislative Assembly recently passed the Maharashtra Housing (Regulation and Development) Bill.  This is the first such Bill to be passed by any state, which sets up a housing regulator to regulate property transactions.  The Bill seeks to set up a Housing Regulatory Authority to provide for relief to flat purchasers against sundry abuses, malpractices and difficulties related to the construction, sale, management and transfer of flats. According to news reports, the government felt that existing laws were not effective in protecting the interests of the flat purchasers and allowed the promoters to avoid statutory obligations imposed on them.  The Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963 did not provide for an effective implementing arm for its various statutory provisions, as the buyers could only approach consumer forum or civil court for acts of omission or commission regarding its provisions. The current Bill passed by the Maharashtra Assembly proposes to repeal the 1963 Act.  As per the Statement of Objects and Reasons of the Bill, the Regulatory Authority will strive to encourage growth and promotion of a healthy, transparent, efficient and competitive real estate market.  The Bill specifies several conditions to be fulfilled by the developer to further transparency and fairness.  All projects proposing to develop more than four flats or of land area exceeding 250 square meters have to submit and update details of the project on the website of the Housing Regulatory Authority.  Developers would be required to disclose detailed information regarding the project including:

  • building-wise time schedule of completion of each phase of the project,
  • time schedule for connecting the project with the municipal services such as sewerage, water supply, electricity, drainage etc.,
  • nature of fixtures and fittings with regard to the flooring and sanitary fittings including the brand or the price range if the items are unbranded.

Failure to give possession of the flat on the agreed date would require repayment of the full amount paid by the buyer with interest.  The Authority would also be empowered to penalise the developer up to an amount of one crore rupees for non-compliance with provisions in the Bill.  Among other initiatives to assist the real estate industry, the Housing Regulatory Authority would promote rating of projects and of promoters, by the association of promoters, to improve the confidence level of investors and consumers through self-regulation. The full text of the Bill is available on the Government of Maharashtra website.

On November 28, 2012, the Comptroller and Auditor General submitted its report on the implementation of the Jawaharlal Nehru National Urban Renewal Mission (JNNURM).  According to the report most of the projects initiated under JNNURM have not been completed.  For instance with respect to urban infrastructure projects, only 231 projects out of the 1298 sanctioned projects have been completed.  Similarly, with respect to housing projects, only 22 of the 1517 projects have been completed.  Some of the other key recommendations of the report are:

  •  Some of the reasons for the delay in completing the projects include: (i) delay in acquiring land; (ii) deficiency in preparation of projects; and (iii) non-identification of beneficiaries which increased the risk of ineligible beneficiaries getting the benefits.
  •  A total allocation of Rs 66,084 crore had been made by the Planning Commission.  However, against this total allocation, the central government had made an allocation of only Rs 37,070 out of which until March 30, 2011 only Rs 32,934 had been released.
  • There was a delay in releasing these funds to the states.  A large portion of the funds was released only in the last quarter and more particularly in March.
  • The JNNURM guidelines were deficient as they did not provide adequate guidance to the states on the method of parking the funds and utilization of interest.

The need and objectives of JNNURM According to the 2011 census India’s urban population has increased from 286 million in 2001 to 377 million in 2011 .  With the increase in urban population, there is a requirement to improve the urban infrastructure and improve the service delivery mechanisms.  With these specific objectives in mind, the central government launched the Jawaharlal Nehru National Urban Renewal Mission 2005-2006.  The aim of the Mission is to encourage reforms and fast track planned development of identified cities (such as cities with a population of more than 1 million as per the 2001 census).  JNNURM has two main components namely : (i) Urban Infrastructure and Governance  and (ii) Urban Infrastructure Development for Small and Medium Towns. The duration of JNNURM was from 2005-06 to 2011-12. However, as the projects have not been completed the Government has extended its duration until March 2014. Funds for JNNURM The funds for JNNURM are provided through the Additional Central Assistance.  This implies that the funds are provided as grants to the states directly from the centre.   In the 2012 Union Budget, the central government has allocated Rs 12,522 crore for JNNURM. This represents around 10 % of the total central assistance through the different schemes to states and union territories in 2012-13. As on June 30 2012, 554 projects at a total cost of Rs 62,253 crore have been sanctioned under the Urban Infrastructure and Governance sub-mission of JNNURM.   The table below shows the status of the sanctioned JNNURM  projects in the different states. State wise status of the projects under JNNURM                 (as on August 6, 2012)

Name of State Total Allocation (Rs Lakh) Number of sanctioned projects Completed Projects
Andhra Pradesh 2,11,845 52 18
Arunachal Pradesh 10,740 3 NA
Assam 27,320 2 NA
Bihar 59,241 8 NA
Chandigarh 27,087 3 NA
Chattisgarh 24,803 1 NA
Delhi 2,82,318 23 4
Goa 12,094 2 NA
Gujarat 2,57,881 72 40
Haryana 32,332 4 NA
Himachal Pradesh 13,066 5 NA
Jammu & Kashmir 48,836 5 NA
Jharkhand 94,120 5 NA
Karnataka 1,52,459 47 22
Kerala 67,476 11 NA
Madhya Pradesh 1,32,850 23 7
Maharashtra 5,50,555 80 21
Manipur 15,287 3 NA
Meghalaya 15,668 2 NA
Mizoram 14,822 4 NA
Nagaland 11,628 3 NA
Orissa 32,235 5 NA
Punjab 70,775 6 1
Puducherry 20,680 2 NA
Rajasthan 74,869 13 2
Sikkim 10,613 2 NA
Tamil Nadu 2,25,066 48 12
Tripura 14,018 2 NA
Uttar Pradesh 2,76,941 33 4
Uttarakhand 40,534 14 NA
West Bengal 3,21,840 69 15

Source: Jawaharlal Nehru National Urban Renewal Mission; PRS.

  • Gujarat at 55.55% has the highest number of completed projects, while Uttar Pradesh at 12.24% has the lowest number of completed projects.
  • Out of the larger states, Delhi and Maharashtra at 17% and 26% have a comparatively low rate of completed projects.
  • Maharashtra has the highest number of sanctioned projects, while the North Eastern states, Chattisgarh and Puducherry have the lowest number of sanctioned projects.