Architecture and Town Planning _Unit 5_SPPU_LARR, UDPFI, RERA and MAHA-RERA by S. R. Kate

ARCHITECTURE AND TOWN
PLANNING
UNIT 5
LARR, UDPFI, RERA AND
MAHARERA
Mr. Shrikant R. Kate
M. Tech (Civil-CM)

SYLLABUS OF UNIT 5 (6 HRS.)
 Land Acquisition Rehabilitation and
Resettlement Act
 URDPFI Guidelines (for land use,
infrastructure etc.),
 Real Estate (Regulation and Development) Act
2016 and MAHA-RERA

Land Acquisition Rehabilitation and
Resettlement Act (LARR Act) 2013

• Land acquisition is the process by which the
government acquires private property for
public purpose.
• Till 2013, land acquisition in India was
governed by Land Acquisition Act of 1894 .

5
 The Primary Land Acquisition Act was the
Land Acquisition Act of 1894.
 Non consultative, Non transparent, Low
compensation.
 Large scale acquisition of land, especially
under Special Economic Zone Act, 2005.
 No proper grievance redressal mechanism.
 Need felt for a more balanced Act.

HIGHLIGHTS OF LARR 2013
 Government acquisition in about 12 categories under
section 2 (1) of the Act were exempted from consent
and only SIA was required.
 Consent of 70% and 80% of the affected families was
required for PPP and private project respectively.
 13 Acts under Schedule Four of the Act through
which most of the land acquisition takes place were
also exempt from consent
 The compensation under these acts was payable
according to 1894 old law only.
6

• The Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act,
2013, which came into force from 1 January 2014.
• The title of the old law conveyed that its primary purpose
was to expedite the acquisition of land. However, the
principle objective of the new Bill is fair compensation,
thorough resettlement and rehabilitation of those affected,
adequate safeguards for their well-being and complete
transparency in the process of land acquisition. The title
has been amended to reflect this.

OBJECTIVES
 To provide a law which will enable the
State to acquire the land of others for public
purposes and for companies.
 Act also states provisions relating to
taking over of possession and payment of
compensation whose land is acquired.
 Provisions of the Act relating to
acquisition of Land are substantive and
those related to taking over of possession
and payment of compensation are
subsidiary.

1. COMPENSATION : COMPENSATION IN RURAL AREAS WOULD BE CALCULATED
BY
MULTIPLYING MARKET VALUE BY TWO AND ADDING ASSETS ATTACHED TO THE
LAND OR
BUILDING AND ADDING A SOLATIUM. IN URBAN AREAS IT WOULD BE MARKET
VALUE
PLUS ASSETS ATTACHED TO THE LAND AND SOLATIUM.
ILLUSTRATION
Suppose the market value of a piece of land in rural area is
10,00,000.
Multiplying it by 2 ----- 10,00,000 x 2 = 20,00,000
Adding value of assets (2,00,000) attached to land ------ = 22,00,000
Adding 100% solatium, the final compensation =
44,00,000
A piece of land of market value 10,00,000 in urban area ----- Adding

*Compensation for livelihood losers: In addition to those
losing land, the Bill provides compensation to those who
are dependent on the land being acquired for their
livelihood. To qualify for benefits under this Act the time
period has been reduced to three years of dependence (on
the acquired land) from five
*Fishing rights: In the case of irrigation or hydel projects,
affected families may be allowed fishing rights in the
reservoirs.
*Share in appreciated land value: Where the acquired land
is sold to a third party for a higher price, 40% of the
appreciated land value (or profit) will be shared with the
original owners.

CONSENT: Consent of up to 80 per cent of people
required for private projects. For PPP projects, the
approval of 70 per cent of the same is mandatory
Multi-cropped, irrigated land cannot be acquired
unless it is for defence or emergency caused by natural
calamity
Land should be returned to original owner or the State
Land Bank if not used in five years for the purpose for
which it is acquired
The government will not acquire land for private
companies for private purpose

Exemption from income tax and stamp duty: No
income tax shall be levied and no stamp duty shall be
charged on any amount that accrues to an individual
as a result of the provisions of the new law.
The Bill also proposes amenities like schools, health
centres and civic infrastructure in places where project-
affected people are resettled

The urgency clause should be exercised in the rarest of
rare cases like national defense or for resettlement
purposes.
The Social Impact Assessment (SIA) has to be carried
out in consultation with the representatives of the
Panchayati Raj Institutions (PRIs)
Reports prepared under the Social Impact Assessment are
to be shared with these representatives.

UDPFI Standards for Urban Area

CONTENTS
1. Introduction
2. Need for Guidelines
3. Urban Development Planning System
4. Norms & Standards
Land Use
Infrastructure- Physical & Social
Commercial facilities Recreational
facilities Miscellaneous facilities
Traffic & transportation
5. Conclusion References

INTRODUCTION
•
•
•
• Planning is a continuous process & planning system should be
such that it ensures continuity.
Earlier town planning was a piecemeal process but after
Independence the city planning experienced tremendous growth
& challenges for resettlement due to political changes.
Several resettlement, new Industrial base towns & urban centers
were under process of planning & masters & town planners
conclude that land use plans are needed to guide development
of urban centers to promote orderly development & healthy
living
environment.
For this purpose the ministry of Urban affairs & employment,
governing of India organized a national workshop on master plan
approach during February 24-25, 1995. The research study of
this workshop awarded as UDPFI – Urban development plans
formulation and implementation guidelines.

THE NEED OF
GUIDELINES:
The study of UDPFI norms and standards is needed to
evolve:
System that is dynamic, flexible and efficient.
Process that is less time consuming.
Innovative ideas of land assembly and fiscal resource
mobilization
Simple & effective form of laws, rules and regulations.

URBAN DEVELOPMENT PLANNING SYSTEM
It consist of
a.Perspective plan:
20-25 years duration .
Includes Maps & Diagrams .
State government’s goal, policies, strategies of urban local
authority regarding spatio-economic development.
b.Development plan :
Conceived within Frame work of approved Perspective plan.
Medium Duration for 5 years.
Proposals for socio-economic & spatial development of urban
centers Including land use.

c. Annual plan:
Conceived within the frame work of Development plan.
 Details of new & ongoing projects for local authority
to implement in financial year
Necessary fiscal resources mobilization.
d. Plan of Projects/schemes:
•Conceived within the frame work of approved development Plan.
•Includes detailed working layouts with cost of development,
source of Finance & recovery instruments for Execution by a
public or private agency.

NORMS AND STANDARDS
Distribution of
land use
Traffic and
Transportation
Infrastructure
Commercial
facilities
Recreational
facilities
•Developed area
average densities
•Work force
•Proposed land use
structure of urban
centers in plain area

URBAN CENTER CLASSIFICATION
Settlement type
Plain areas
Population
Hill areas
Small town Less than 50,000 Less than 20,000
Medium town 50,000- 5lakh 20,000 less than 80,000
Large cities More than 5 lakh 80,000 and more
Population based

DISTRIBUTION OF LAND USE
Plain areas Hill areas
Small town 75-125 45-75
Medium town 100-150 60-90
Large cities 100-150 60-90
Metro cities 125-175 -
Developed area average densities:-
Settlement type Persons per Hectare(pph) in
•
•
.
Comment -
The Densities of medium town & large cities are considered
similar for sustainability.
The density of 125 pph is max. factor for small town & average for
medium town & large cities & minimum for Metro cities for their
identification & survival.

WORK FORCE:-
•
•
Work force participation 33% of total population
Industrial workers (%) of total work force Small and medium town 20 %
Large cities 25 %
Worker’s Density 100 to 125 pph
Comment -
Due to more population in Large cities the Industrial worker Population is
25%
In current scenario The industrial worker population Is more than 30% due
to set back in agricultural production.

PROPOSED LAND USE STRUCTURE OF
URBAN CENTERS
Land use category Percentage of developed area
Small Medium Large cities Metro cities
Residential 45-50 40-45 35-40 35-40
commercial 2-3 3-4 4-5 4-5
Industrial 8-10 8-10 10-12 12-14
Pub& Semi-Public 6-8 10-12 12-14 14-16
Recreational 12-14 18-20 18-20 20-25
Transport &
Communication
10-12 12-14 12-14 15-18
Agriculture & Water bodies balance balance balance balance
•
•
Comment -
Land use structure of urban center depends upon its function and size.
Due to higher density in metros the land use for residential purpose is
less compared to smaller areas with less density.
Land use distribution for industrial, commercial and recreational
purpose increases as we move from small town to metro cities.

Physical infrastructure
•Water Supply
•Water Requirements
for institutional
buildings
•Sewage
•Drainage
•Electricity
•Solid waste Disposal
• Educational facilities
• Health care facilities
• Socio- Cultural facilities
• Distribution services
• Police
• Fire
Social infrastructure
Traffic and
Transportation
Commercial
facilities
Recreational
facilities
InfrastructureDistribution of
land use
NORMS AND STANDARDS

INFRASTRUCTURE
•
•
Basic requirement of urban life.
Innovative efforts to ensure wide coverage & equitable distribution.
Physical Infrastructure:-
Water Supply:
Size of town
Aspect Small Medium Large and Metro
Domestic
1. Absolute Min.
2. desirable
70 lpcd
100 lpcd
70-100 lpcd
135-150 lpcd
135 lpcd
135-150 lpcd
Non- Domestic
Fire fighting
Public purpose
1% of total demand
10-15 lpcd 20-25 lpcd 30-35 lpcd
•
Comment -
The 135 lpcd of water consumption Includes the need for fire fighting.

WATER REQUIREMENTS FOR INSTITUTIONAL BUILDINGS
Institutions Litres per head per day
Hospital
a. No. of beds exceeding 100
b. No. of beds not exceeding 100
Hotels
Hostels
Boarding schools/ colleges Restaurants
Airports & Sea ports
Junctions stations & intermediate stations
Terminal Stations & Intermediate
stations Day schools/ colleges
Offices & factories
Cinema, concert halls and theatres
450 per bed
340 per bed
180 per bed
135
135
70 per seat
70
70
45
45
45
15
Comment -
Water is an important Resource Hence Rain water harvesting should be
encouraged in Institutional buildings as well as residential zones
especially in medium towns & cities.

SEWERAGE & DRAINAGE
•
•
•
•
•
•
The drainage system for any city/town is governed mainly by natural
course and topography. The discharge is calculated that guides the
requirements for provision of additional drain as well as up gradation of
existing drains.
The treatment of sewerage is essential to provide hygienic conditions. The
sewerage is estimated at the rate of 80% of the water supply demand.
The large & metro cities shall be provided with regular sewerage treatment
facilities at zonal/city level.
The newly developed areas shall have community level septic tanks based
on economic & environmental considerations.
The squatter settlements may be provided with a facility of 1 toilet for
4 to 5 families based on the concept of low cost and low water
consumption.
Comment -
In case of developing cities the Treatment plant shall be planned with
possible future expansion including biogas plant ,energy conservation
&environment considerations .

•
•
•
ELECTRICITY
•
•
•
•
Power supply consumption works out to be about 2 KW per household at
the city level including domestic, commercial, industrial and other
requirements.
1 electric substation of 11 KV for a population of 15,000 is recommended
for towns/ cities.
Comment -
Solar power System Shall be emphasized in residential as well as
Institutional Areas.
Bio-gas Plants Shall be Initiated in small & medium Towns.
Solid waste Disposal
The garbage is removed and dumped at the sanitary landfill or in some
cases it is converted to compost especially in small towns.
The generation of waste varies from a quarter of Kg in small towns to
about half a kg per capita in large and metro cities.
Comment -
Garbage separation of Dry , wet garbage & recyclable material to
achieveefficient method of disposal shall be encouraged by educating
people.

SOCIAL INFRASTRUCTURE
•
•
•
These facilities shall be provided with 25% additional population. Incase
of metro cities, these facilities serves the regional demand
Incase of small & medium towns ,the villages & surrounding areas depends
on them
Educational facilities:-
Pre-primary to Secondary Education
•Pre primary, nursery school 1 for 2500 population
•Senior secondary school 1 for 7500 population
Technical Education centre
•1 such centre provided for every 10 lakh pop. Include 1
industrial training institute and 1 polytechnic institute.
College
•1 for 1.25 lacs population
•No of student 1000 to 1500
•Area 1.80 Ha.
University Campus with Area of
10 ha.shall be provided. Comment – These are found to be sufficient but
location of these facilities are mor eimporatnt for development.

HEALTH CARE FACILITIES :
a) General hospital
Hospital for 2.5 lakh population capacity
Initially the provision may be for 300 beds
Area for hospital
Area for residential accommodation Total
area
500 beds
4 ha
2 ha
6 ha
b) Intermediate hospital
1 hospital for 1 lakh population capacity
Area for hospital
Area for residential accommodation Total
area
2.70 ha
1 ha
3.70 ha
c) Nursing home, child welfare and maternity center
1 for 0.45 to 1 lakh population
Capacity Area 25 to 30 beds
0.20 to 0.30 ha
d) Dispensary
1 for 0.15 lakh population
Area 0.08 to 0.12 ha
Comment -
•The ratio of Dispensary is very less as due to polluted environment & life
style of urban areas & accidents occurring everyday these needs to be
improved/modified for metro cities.

660 Sq..m
2000 sq.m
10,000 sq.m
1,000 sq.m
5000 sq.m
a) Community room
1 for 5,000 population area
b)Community hall and library 1
for 15,000 population area
c)Recreational club
1 for 1 lakh population area
d)Music, dance and drama centre
1 for 1 lakh population - area
e)Meditation and spiritual centre
1 for 1 lakh population area
f)Socio-cultural centre
1 for 10 lakh population area 15 ha
SOCIO-CULTURAL FACILITIES
Comment –
•These need to be improved in Metro cities as Music, dance & drama
Centers are Not only Cultural Oriented but it’s a part Of Industry.
•These facilities can be clubbed with Commercial Activity.

DISTRIBUTION SERVICES
om
a) Petrol pump
• One petrol pump for 150 ha of gross residential areas in residential zone
• One petrol pump for 40 ha of gross industrial area
• Two petrol pumps in each district centre
• One petrol pump in each community centre Comment –
•These are sufficient & adequate.
b) Milk distribution
•One milk booth for 5,000 population. Comment
c) LPG Godown
•One gas Godown for 40-50 thousand population is sufficient for any size of town.
•The major concern for its storage and distribution is the location which shall be away fr
the residential areas.
Comment

POLICE
Police station
1 for 90,000 population
Area inclusive of essential residential accommodation 1.5 ha
0.16 ha
Police post
1 for 0.4 to 0.5 lakh population
Area inclusive of essential residential
accommodation
District office and battalion 1for 10 lakh population
Area for district office area for battalion Total area
0.80 ha
4 ha
4.80 ha
Police line 1 for 20 lakh population
District jail 1 for 10 lakh population -
area
4 to 6 ha
10 ha
Comment –
•The Police line is less in case of metro cities.

• 1 fire station or sub fire station within 1 to 3 km to be provided
for 2 lakh population
• Area for fire station with essential residential accommodation
• Area for sub- fire-station with essential residential
accommodation
1 ha
0.60 ha
FIRE
Comment –
•The disaster Management centers & rehabilitation shelters shall be
encouraged in Social Infrastructure.

Area of commercial
centers
Distribution of
shops
Traffic and
Transportation
Commercial
facilities
Recreational
facilities
land use
NORMS AND STANDARDS
Hierarchy of commercial
centers

COMMERCIAL ACTIVITY
Hierarchy of commercial centers is a function of the hierarchy of planning
units in an urban center
Planning unit
Housing cluster
Population Served
1000-4000
Hierarchy of commercial centre
Cluster centre
Sector 5000-20000 Sector centre
Community 25000-100000 Community centre
district 125000-500000 District centre
Sub-city 25 lakh- 50 lakh Sub- city centre
city 50 lakh + City centre
Comment –
•These distribution is found to be sufficient.

Type of shops district community sector cluster
Formal shops(total) 1250 365 55 24
General retail 1200 295 35 16
Fruit & vegetables Not specified 40 6 3
Service & Repairs 50 30 13 5
Informal shops 370 110 22 13
General retail 355 88 14 8
DISTRIBUTION OF SHOPS
to avoid road
Comment –
•Fruits & Vegetables Markets locations shall be
planned encroachment by local Hawkers.

Area of Commercial Centers
Area Per 1000
Persons
Sq.Mt.
No. of Shops
Cluster Centre 220 1 for 110
Persons
Sector Centre 300 1 for 200
Persons
Community Centre 500 1 for 200
Persons
District Centre 880 1 for 300
Persons
Comment –
•These are found to be sufficient.

RECREATIONAL FACILITIES
Planning unit
Housing cluster
sector
community
district
Sub city centre
Overall town/ city level
3-4 local parks and playgrounds 3-4 local park and
playgrounds
2-3 community level park and open space
1 district level park and sports centre, maidan
1 city level park, sports complex, botanical /zoological
garden
, maidan
10 sq.m- 12 sq.m per person
Type
Small Town
Medium Town
Large cities
Area in sq.mt.
1 - 1.2 ha. / 1000 persons
1.4 - 1.6 ha. / 1000 persons
1.2- 1.4 ha. /1000 persons
•
•
•
Comment -
Local parks ,Playgrounds & Open Spaces shall be distributed evenly in case of
metro cities.
The Proportion for large cities is average of small & medium town as the land is
costlier in case of large cities.

MISCELLANEOUS FACILITIES
•
•
• Cremation/ burial ground: Provision of at least 2 sites for 5 lakh
population and to provide one electric crematorium for large size towns.
Dhobi ghat: one site for 1 lakh population with appropriate arrangements
for water and drainage facilities.
Taxi stands/ Bus stops/ Rickshaw stands:-
- These should not be located near the road intersections
-The maximum distance of such facilities should not exceed
0.5 km from the farthest point in any residential area.
Comment –
•These are found to be sufficient.

TELECOMMUNICATION:
• Communication- 10 lines per 100 population. Comment
• The standards for mobile & telecommunication tower with their safe
locations needs to be provided in Guidelines.
• In modern days the norms & standards for wi-fi system & internet shall be
considered.
• Postal services- one post office for 10-15 thousand population.
• Found to be Sufficient.

Traffic and
Transportation
Commercial
facilities
Recreational
facilities
land use
Classification of
Urban roads
Design
standards of
Urban roads
roads
NORMS AND STANDARDS

NORMS AND STANDARDS FOR
TRANSPORTATION
Classification of Urban roads:
Arterial Road: Roads for intra-urban traffic with no frontage
access.
•Sub-Arterial Road: Roads for intra-urban through traffic with
frontage access.
•Collector road: Streets for collecting and distributing traffic from
and to local streets and also providing access to arterial and sub
arterial roads.
•Local Street: Street for access to residence, business or other
abutting property, having necessary parking and pedestrian
movement free access too.

DESIGN CONSIDERATIONS OF URBAN ROADS
Road type Speed Width
Arterial 80 kph 50-60 m
Sub-Arterial 60 kph 30-40 m
Collector street 50 kph 20-30 m
Local street 30 kph 10-20 m
Cross-Sectional Elements:
Description
Single lane without kerbs
2-lane without kerbs
2lane with kerbs
3lane with/without kerbs
4-lane with/without kerbs
6-lane with/without kerbs
Width
3.5 m 7
m
7.5 m
10.5/11 m
14 m
21.0 m
Comment –
•These road widths shall be improved with informal parking on roads.

•
•
•
•
•
Comment -
These is one of the Important feature as many services can
be laid down under Footpath
It gives surface for pedestrian movement.
These are usually not identified or demarked on site,
Hence measures & regulations for footpath shall be improved.
FOOT PATH (SIDE WALK)
All in one direction
Capacity
In both directions
Required width of
footpath (m)
1220 800 1.5
2400 1600 2.0
3600 2400 2.5
4800 3200 3.0
6000 4000 4

CYCLE TRACKS
•The minimum width of cycle tracks should be 2m.each additional lane,
where required should be 1 m.
•Separate cycle tracks should be provided when the peak cycle traffic is
400 or more on routes where motor traffic is 100-200 vehicles/hr.
•When number of motor vehicles using routes is more than 200 per hour,
separate cycle tracks are justified even if cycle traffic is only 100 cycles per
hour.
•These are still Missing on many Urban Roads hence Regulations
needs to be effectively developed.
Parking
Equivalent car space for different vehicles.
Car/taxi 1
Two wheeler 0.25
Auto rickshaw 0.50
Bicycle 0.10

a) The minimum parking space requirements for each car and truck is :
Car : 3m X 6m
a) Residential -
Truck : 3.75 m X 7.5m
Detached, semi-detached and row houses
Plot area upto 100 Sq.Mt – no private or community parking space
Plot area:101-200 Sq.Mt – only community parking space
Plot area:301-500 Sq.Mt- minimum 1/3 of open area for parking
Plot area :501-1000 Sq.Mt- minimum 1/4th of open area for parking
Plot area: 1001sq.m +- minimum 1/6 of space area for parking
a) Flats :-
-one space for every two flats of 50-90 Sq.Mt or more of floor area
-one space for every flat of 100 Sq.Mt or more of floor area
PARKING SPACE REQUIREMENTS
•
•
•
Comment -
Norms for Public Parking on street & off street shall be
revised including the width of roads.
Multi-level parking System By government shall be encouraged.

5. COLOUR SPECIFICATION FOR LAND USE IN A
DEVELOPMENT PLAN
Sr. Zone description color
No.
1 Primary Residential Zone yellow
2 Mixed residential Zone Orange
3 Unplanned residential Zone Brown
4 Commercial Blue
5 Industries Purple
6 Public & semi Public Red
7 Recreation Green
8 Roads Black
9 Agriculture Light Green

CONCLUSIONS
Land for Urban poor
•In Mumbai more than 50 % of population are slum
dwellers but they occupy only 8% of land.
•The Development plan consists of various zones such as Residential,
Commercial, Industrial, Recreational, No Development Zone, Coastal
Regulation Zone, but there is no allocation of space for urban poor's,
pavement dwellers which is growing population & which needs
immediate attraction to make Mega cities more appealing in
aesthetically & functionally.
•It is the Task to reform the Strategies, policies by Central ,State &
local governments to serve the interest of urban poor.
•The Reserved plots & Coastal Regulation zone Norms can be modified
to accommodate the land For Urban poor.

• 2% in large cities & 5
Low Fsi
In India the Fsi ranges between 1.2
to to 6 % in mega cities in special
cases.•
•
The low value of fsi tends to more consumption of land &
hence Shortage of land is faced for future development. These
affects the lower & middle income group households due to
Increased price of land.
In Asian countries the fsi
Practiced is between 5 to
15.Hence for affordability point of view, the fsi shall be
increased to cater the demand of land
for future needs.
•
•
•
Educational Facilities
For safety Purpose the additional Space allocation for Peak Hour
traffic in front of any school, colleges & other Institutions shall be
provided.
Primary & secondary schools to be used in Double shifts
with Bigger intake for efficient use of land.
Educational & institutional Zones must be crated in Master plan.

•
Land Regulations
Land regulations shall be revised to reduce the difference between what
is allowed & what is Financially feasible.
• These can be achieved by More compact cities, more efficient Land Use
& Primary Infra structure.
• Increase in consumption of fsi.
• Decrease in Trip length due to compact cities.
• Urban population density will likely to stay Constant due to efficient
land use.

REAL ESTATE (REGULATION&
DEVELOPMENT) ACT, 2016

 Real Estate and the housing sectors were highly
unregulated sectors
Lack of transparency in projects
No proper information about the builder
Lack of remedies available to the buyers

 The Real Estate (Regulation and Development) Act, 2016 is an Act of
the Parliament of India which seeks to protect home-buyers as well as help boost
investments in the real estate industry.
 The bill was passed by the Rajya Sabha on 10th March, 2016
 By the Lok Sabha on 15 March 2016.
 The Act came into force from 1 May 2016 with 69 of 92 sections notified.
 The Central and state governments are liable to notify the Rules under the Act
within a statutory period of six months.
 Applicable to whole of India except Jammu and Kashmir
 Real estate regulatory authority (RERA) is the governing authority.
 The law is not Retrospective.
Introduction

 An Act to establish the Real Estate Regulatory Authority for regulation
and promotion of the Real Estate sector.
 To ensure transparency in projects.
 To protect the interest of consumers in the Real Estate Sector and to
establish an adjudicating mechanism for speedy dispute redressal.
 To provide proper information about the Builder.
PURPOSE

SALIENT FEATURES
 It establishes the State Real Estate Regulatory Authority for that particular
state as the government body to be approached for redressal of grievances
against any builder. This will happen once every state ratifies this Act and
establishes a state authority on the lines set up in the law.
 This law vests authority on the real estate regulator to govern both
residential and commercial real estate transactions.
 This law makes it mandatory for developers to post all information on
issues such as project plan, layout, government approvals, land title status,
sub-contractors to the project, schedule for completion with the State Real
Estate Regulatory Authority (RERA) and then in effect pass this
information on to the consumers.
 The current practice of selling on the basis of ambiguous super built-up
area for a real estate project will come to a stop as this law makes it illegal.
Carpet area has been clearly defined in the law.
 The maximum jail term for a developer who violates the order of the

 Currently, if a project is delayed, then the developer does not suffer in any
way. Now, the law ensures that any delay in project completion will make
the developer liable to pay the same interest as the EMI being paid by the
consumer to the bank back to the consumer
 The developer cannot make any changes to the plan that had been sold
without the written consent of the buyer.
 This puts paid to a common and unpopular practice by developers to
increase the cost of projects.
 Lastly, every project measuring more than 500 square metres or more
than eight apartments will have to be registered with the RERA.
 The law mandates every builder to keep 70% of collection from every
project in Separate Bank Account.
SALIENT FEATURES

MAJOR PROVISIONS
The Major Provisions in the Act relates to following
aspects:-
 REGISTRATION
 PROTECTION OF BUYERS
 REAL ESTATE REGULATORY AUTHORITY
AND APPELLATE TRIBUNAL

REGISTRATION
Who is liable to get Registration from RERA?
 All commercial real estate projects where the land is over 500 square metres.
 All residential real estate projects where the land is over 500 square meters or eight
apartments, to register with the Real Estate Regulatory Authority (RERA) for launching
a project.
 For on-going projects which have not received completion certificate on the date of
commencement of the Act, will have to seek registration within 3 months.
 Real estate agents who facilitate selling or purchase of properties must take prior
registration from RERA.
 Such agents will be issued a single registration number for each State or Union
Territory, which must be quoted by the agent in every sale facilitated by him.
• What is the Process of Registration?
 Applicant has to file an application for registration with RERA in prescribed form along
with prescribed fees and documents.
 Application for registration must be either approved or rejected within a period of 30
days from the date of application by the RERA.
 On successful registration, the promoter of the project will be provided with a
registration number, a login id and password for the applicants to fill up essential
details on the website of the RERA.
What is the penalty for failure to get register?
 A penalty of up to 10 percent of the project cost or three years' imprisonment may be
imposed.

REGISTRATION
4. Consequence
1. Debar the promoters from
accessing the its website in
relation to that project
2. Specifying his name in list
of defaulters
3. Display his photograph on its
website and inform the other
RERA.
4. Direct the bank to freeze
the account
1. Time limit for
registration
For ongoing Projects – 3
months from commencement
of this Act
For new projects - 30 days
3. Revocation
1. On complaint
2. Suo moto
Where promoters makes
default or violates any terms
or conditions of the approval
or promoters involved in any
kind of unfair practice.
2. Exceptions
1. Area of land < 500 Sq.
Meters
2. No. Of apartments < 8
3.In case of Renovation/
Repair/Re-development
Registration
Regulations are into
force now

PROTECTION OF BUYERS
 The Act prohibits unaccounted money from being pumped into
the sector.
 As now, 70 per cent of the money has to be deposited in bank
accounts through cheques.
 A major benefit for consumers included in the Act is that builders
will have to quote prices based on carpet area and not super built-
up area
 Carpet area has been clearly defined in the Act to include usable
spaces like kitchen and toilets.

REAL ESTATE REGULATORY
AUTHORITY AND APPELLATE TRIBUNAL
 Establishment of State-level Real Estate Regulatory Authorities
(RERAs) to regulate transactions related to both residential and
commercial projects
 RERAs will ensure timely completion and handover of projects.
 Appellate Tribunals will now be required to adjudicate cases in 60
days as against the earlier provision of 90 days
 Regulatory Authorities has to dispose of complaints in 60 days
while no time frame was indicated in earlier Bill.

HITS & MISSES OF REAL ESTATE ACT
HITS
 Increased assertion on the timely
completion of projects and delivery to the
consumer.
 A step towards safeguarding their
investment, as 70 per cent of the sales
receipt will now be locked in an escrow
account.
 An increase in the quality of
construction due to a defect liability
period of five years.
 Balanced builder-buyer agreements.
 Faster dispute resolution mechanism
through dispute settlement forums and
appellate tribunal.
 Sale on the carpet area to help improve
transparency.
 An increasingly-regulated broker
environment.
 Greater visibility into the developer’s
delivery track record.
MISSES
 The timelines of approvals by
regulatory authorities have
not been defined. Any delay in
approvals from regulatory
authorities could impact
buyers as well.
 The Bill may lead to slightly
higher prices of properties due
to the reduced competition.
 New project launches might
be limited as developers may
not be able to launch without
obtaining approvals, which
could take two to three years.
For Consumers

HITS & MISSES OF REAL ESTATE ACT
HITS
 Increased scope for eliminating
casual operators, leading to the
better organization of the sector.
 Minimum standards of
governance and accountability
have now been set to an extent,
and there’s potential for driving
standardization and
professionalism in the sector.
 Greater visibility into the
developers’ delivery
performances, segregating the
established and casual operators.
 Higher investment in the sector
and a possible reduction in the
cost of funds, leading to a lowered
cost for the end users.
MISSES
 An additional layer of
approvals may be introduced
against the extended list of
approvals already required for
projects.
 No provision to rationalize the
number of approvals required
for a project or expedite
approvals through a single
window mechanism.
 Increased reliance on
external capital to achieve
high growth.
 Possible impact on joint
venture arrangements.
 Potential delay in cash-flow
realizations from projects.
For Developers

Drivers and Growth
for Real Estate and
Construction

Real
Estate
Rising
Tourism
Decline of
Joint
Families
Easy
Availability
of Finance
Rise Of
Middle
Class

Real
Estate
Fiscal
Policy
Strong
Demograp
hics
Rise of
Middle
Class
Rising
FDI

Real
Estate
First
Time
Buyers
International
Tourism
Development
of new
Stream of
Business
Medical
Tourism

Overview of India Infrastructure

Special Economic Zones
OBJECTIVES
Promotion of
investments from
domestic and foreign
sources.
Creation of
employment
opportunities.
Development of
infrastructure facilities
in the country.
Generation of
additional economic
activities.
Promotion of exports
of goods and services.

Govt. Initiatives and Policy
There has been
a drastic
curtailment in
restrictive
policies such as
the Urban Land
Ceiling and
Regulation Act.
Reforms in the
Integrated
Township
Policy.
Liberalization
of FDI rules
and the
emergence of
real estate
funds.
Range of
Government
benefits &
incentives
including
residential tax
breaks and the
Special
Economic
Zones.

Major Players in Real
Estate Sector
THE
BIG
FIV
E

DLF Group  Founded in 1946
 DLF Group is one of the biggest real estate giants
 Built many high-quality buildings across the country,
specifically in Gurgaon
 Tied up with Hilton Group to build whopping 100 hotels
in India over the next few years.
 In current expansion plans, DLF has over 425 million sq.
ft. of development across its businesses, including
developed, on-going and planned projects.
 Spread over 32 cities, mostly in metros and key urban
areas across India
Financials of DLF
 DLF is the market leader in this sector with net profit of 1547 cr.
 It was way lower than its last year profit by more than 1000 cr.
 It was well supported by the timely launch of IPL.
 The share of this co. touched the all time high of 1227 in dec.
2007 which was just 6 months after its issue and now trading at
337.

ANSALS  Founded by Lala Chiranji Lal Ansal
 By far most dominant activity of Ansals has been Real Estate Promotion
& Development
 company has several landmark high-rise commercial building like
Statesman House, Ambadeep, Antriksh Bhawan, Tolstoy House, Indra
Prakash, Navrang House and Ansal Bhawan
 Ansals have also completed several residential buildings like Gauri
Sadan, Upasana at Hailey Road & Dhawan Deep at Jantar Mantar road,
all in the heart of New Delhi at Connaught Place.
 There is the most prestigious “Ansal Plaza” Shopping Mall associated
with its work
 Also it has made elite townships, Sushant Lok and Palam Vihar in
Gurgaon and several other places all over the country.
Financials Of Ansals API
 Their profit declined by 81.24% in the last financial year over the
last year.
 This is one of the badly hit company by the economic slowdown.
 569 is the all time high of this company in 2006 and now trading
at just 10% of its all time high.

Parsavnath
Developers
• It was incorporated on July 24,
1990 under the Companies Act,
1956 as Parsvnath Developers
Limited.
• With more than two decades of
experience in its repertoire, the
group has already stamped its
presence already in seventeen states
and going Pan – India.
• It has made various developments
in areas like GURGAON, Noida,
South Delhi.

Unitech Group
 Plans to invest US$ 720 million in building hotels in the country
 Its partner for this venture is Marriott International.
 Carved a niche for itself in India with its sprawling properties
and projects in Bangalore, Gurgaon, Noida, Greater Noida and
Kolkata
 Unitech Group took over projects in International areas as well.
 Actively involved in construction projects of power plants,
expressways, highways, transmission lines, classrooms,
amusement parks.
 Radisson Hotel, New Delhi has won accolades for its wonderful
infrastructure, astounding interiors, ideal location and extra
ordinary facilities for the distinguished customers.
 Rohini Amusement Park is also a creation of Unitech Group.
 The commercial complexes like Global Business Park,
Signature Towers, Unitech Business Park and Unitech Trade
Center and the launch of Millennium Plaza & Infocenter in
Gurgaon have made Unitech Builder earn a good reputation in
the industry.

K.Raheja Raheja Developers Limited, (RDL), formerly
Raheja Developers Private Limited, is an
Indian real estate development company with its
headquarters in Delhi, India.
K Raheja corp. has been the torch bearer of the
green cause for the real estate industry, dating
back to 2007 when it signed an MOU with CII –
Green Building Council.
In 2008, Raheja Developers planned to build a
Special Enterprise Zone (SEZ) in Gurgaon at an
estimated cost of $660M US.
The development was to be on a 255-acre
(103 ha) site but the project did not advance.
In a Gazette Notification of the Government of
India on 29 January 2014 the Raheja SEZ was
denotified, and the whole SEZ project scrapped

BARRIERS IN GROWTH OF REAL ESTATE
Skill Shortage.
Non Availability of Statistics.
Overvaluation of Property.
Highly Fragmented.
Lack of Transparency.

IMPACT OF RECESSION ON REAL ESTATE
Incompletion of
previous
projects.
Bad Debts.
Less demand in
all segments.
Cash starvation.
MEASURES TAKEN BY DLF
Launched
affordable
housing
project.
Payment of
short term
debt by
raising long
term debt.
Terminated
projects with
long gestation
period.
Sale of
properties for
liquidity
preservation.
Cost
reduction
through tight
cash flow.
MEASURES TAKEN BY UNITECH
QIP issuance to reduce debt.
Reduced promoter’s stake from 64% to
51%.
Increased confidence with customers
on project delivery.
Major Strategic restructuring.

IMPACT OF BUDGET
Overall Impact considered to be marginally positive.
Infrastructure investment to be raised over 9% of GDP.
Funding pressure on construction companies to be eased by PPP.
PPP infrastructure projects to be refinanced upto 60% through
IIFCL.
Rs 39.7 billion allocated for rural housing schemes.
Focus on providing housing to people of economic weaker
section & lower income group.

Opportunities
for
Company
Secretaries

Compoundi
ng of
Offence
Advisory
role
Drafting of
Various
Documents
Opening of
Bank Accounts
& Deposits
Status Report
of Every
Project
Registration

As per Section 56 of the act, a Company Secretary holding
certificate of practice has a can appear on behalf of applicant or
appellant before Appellate Tribunal or a Regulatory Authority or
Adjudicating Officer as the case may be.
Hence a Company Secretary holding certificate of practice can –
Represent a person (promoter) before any real estate regulatory
authority for registration of real estate project,
Represent a person before real estate appellate tribunal.
Represent a person before any other competent authority for
any other purpose under Real Estate (Regulation and
Development) Act, 2016.

 The passing of Real Estate (Regulation and
Development) Bill, 2016 has opened a new opportunity
for Company Secretaries holding Certificate of Practice in
terms of consultancy services.
 By becoming an expert in the act he can indulge in
providing advice in respect of -
a. Various applicable provision on particular real
estate project;
b. Registration and extension procedure of real estate
project with competent authority;
c. Various obligation, functions and duties of
promoter in a real estate project;
d. Penal Provisions under the act.

 A Company Secretary holding certificate of practice as
well a Company Secretary in employment in Promoter
Company can assist a Promoter in registration of real
estate project with the real estate Regulatory Authority
established under the act.

Close to $7 billion to $8 billion of venture capital expected
to flow into Indian real estate market.
A significant increase in project execution through Public-
Private-Partnerships.
More demand for office and industrial space.
Current levels of investments in infrastructure are not
sufficient to bridge the gap between demand and supply.

Maharashtra Real Estate Regulatory Authority
MAHARERA

INTRODUCTION TO MAHARERA
 Government of India enacted the Real Estate (Regulation and Development) Act 2016 on
26th March 2016 and all provisions shall come into effect from 1st May 2017
 Maharashtra Real Estate Regulatory Authority (MahaRERA) established vide Notification
No. 23 dated 8 March 2017
Government of Maharashtra
has further promulgated the
following rules:
Please refer our website:
https://maharera.mahaonline
.gov.in
Maharashtra Real Estate (Registration of Real Estate Projects,
Registration of Real Estate Agents, Rates of Interest and
Disclosures on Website) Rules, 2017
Maharashtra Real Estate Regulatory Authority, Officers and
Employees (Appointment and Service Conditions) Rules, 2017
Maharashtra Real Estate (Recovery of Interest, Penalty,
Compensation, Fine payable, Forms of Complaints and Appeal,
etc.) Rules, 2017
Maharashtra Real Estate Appellate Tribunal, Officers and
Employees (Appointment and Service Conditions) Rules, 2017
Maharashtra Real Estate Regulatory Authority (Form of Annual
Statement of Accounts and Annual Report ) Rules, 2017

MahaRERA has notified the following regulations
1. Maharashtra Real Estate Regulatory Authority (General) Regulations 2017
2. Maharashtra Real Estate Regulatory Authority (Recruitment and Conditions of
Service of Employees) Regulations, 2017
MahaRERA has also promulgated the following orders
1. Charges to be paid to Mahaonline for MahaRERA website(* Taxes and Bank
Charges shall be charged extra on actual basis)
2. Definition of Co-promoters
INTRODUCTION TO MAHARERA
Type of Transaction Fee per transaction*(Rs.)
New Project Registration 750
Project Extension / Withdrawal
Request
500
Annual fees to projects for status
updates
500
New Real Estate Agent Registration
/ Renewal
500
Complaint Filing 50

JURISDICTION
 Entire State of Maharashtra (Rural as well as Urban) is under Planning Area of MR &TP Act
and hence is covered under MahaRERA.
 All commercial and residential real estate projects including plotted development shall have
to be registered with MahaRERA except in projects where:
Area of land proposed to be
developed does not exceed
five hundred square meters
Number of apartments
proposed to b e
developed does not
exceed eight inclusive
of all phases
Promoter has received
Occupancy Certificate for a real
estate project prior to
commencement of this Act
for the purpose of renovation or repair or re-development which does not involve marketing,
advertising selling or new allotment of any apartment, plot or building, as the case may be,
under the real estate project
Real Estate Projects not covered under the Act
No promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase
in any manner any plot, apartment or building, as the case may be, in any real estate project
or part of it, in any planning area within Maharashtra, without registering the real estate
project with MahaRERA. New projects wef 1st May and ongoing wef 30th July2017

KEY COMPONENTS
Key Pillars of the Act are as follows:

CITIZEN CENTRICITY & TRANSPARENCY
Sharing project layout
plan , approvals,
proposed development
work & facilities,
proforma allotment
letter etc.
Increased assertion on
the timely completion
of projects and delivery
to the consumer
Defect liability period
of five years for
structural defects,
defect in workmanship,
quality or provision of
services or other
obligations
Formation of legal
entity of allottees
within three months
after majority of the
units booked
Consent of 2/3rd
allottees or for any
other addition or
alteration
Consent from affected
allottees for any major
addition or alteration
Sale agreements as per
model form. Increased
assertion on the timely
completion of projects
and delivery to the
customer
Informing allottees for
any minor addition or
alteration
No false statements or
commitments in
advertisements
Quarterly update of
MahaRERA website
with details such as
unsold inventory and
pending approvals
Conveyance of title
within 3 months of
Occupation Certificate
or upon 51% allottees
having paid full
consideration to
promoter
What it entails?

FINANCIAL DISCIPLINE, ACCOUNTABILITY
& COMPLIANCE
70% of the funds
collected from
allottees need to be
deposited in the
project account
Withdrawals, to cover
construction and land
cost, to be in
proportion to the % of
completion of project
Developers to share on
MahaRERA website
details of projects
launched in last 5
years with status and
reason for delay
Withdrawals to be
certified by Engineer,
Architect and CA
Provision for
MahaRERA to freeze
project bank account
upon non-compliance
Project Accounts to be
audited annually by
different CA; Copy to
be put up on
MahaRERA website
Provision for stronger
financial penalties for
MahaRERA non-
compliances
Maximum 1 year
extension in case of
delay due to no fault
of developer.
Unbiased Interest on
delays.
Promoter to
compensate buyer for
any false or incorrect
statement along with
a full refund of
property cost with
interest
What it entails?

 Register new and ongoing projects with MahaRERA
 Make disclosures in accordance with the Act, Rules and Regulations
 Update quarterly the disclosures made at the time of registration
 Ensure that advertisements, brochures, prospectus issued or published
mentions MahaRERA registration number and MahaRERA website address
 Display sanctioned plans, layout plans etc. at the project site.
 Be responsible for all the obligations, responsibilities and functions under the
Act, Rules and Regulations and in accordance with the agreement for sale.
 Be responsible for completion of the project, obtaining OC.
 Be responsible for providing and maintaining essential services till they are
taken over by association of allottees
 Enable formation of legal entity of allottees after 51% allottees have booked
apartment.
 Execute conveyance deed with the legal entity of allottees
 Adhere to the fiscal discipline and comply with the provisions of the Act, Rules
and Regulations.
FUNCTIONS & DUTIES OF PROMOTER

 Register with MahaRERA with necessary details as prescribed in the Rules.
 Not facilitate any sale or purchase of any plot, apartment or building in a real
estate project which is required to be registered but not registered.
 Not involve himself in any unfair trade practice namely:
1. False representation that his services are of a particular standard or grade
2. Representation that the promoter or he has approval or registration which
such promoter or he does not have
3. Make false or misleading representation concerning services
 Permit the publication of any advertisement of services that are not intended
to be offered.
 Facilitate the possession of all the information and documents as the allottee
is entitled to, at the time of booking
FUNCTIONS OF REAL ESTATE AGENT

 Allottee is entitled to obtain all the relevant information as provided in the Act,
Rules and Regulations and the agreement for sale signed with the promoter.
 Allottee is entitled to know the detailed stage wise progress of the project
including the facilities, amenities and services.
 Allottee is entitled to claim possession of the apartment or plot and the
association of allottees entitled to claim possession of common areas as
disclosed and agreed by the promoter.
 Allottee is entitled to penal interest on entire amount paid, for every month of
delay, till the handing over of the possession.
 Allottee is entitled to claim compensation for violation of provisions of sections
12, 14, 18 or 19 of the Act.
 Allottee is responsible for making necessary and timely payments in
accordance with the agreement for sale.
 Allottee shall be liable to pay interest for any delay in payment.
 Allottee shall participate in the formation of the legal entity of allottees.
 Allottee shall take possession of apartment or building after OC, within 2
months.
 Every allottee shall participate towards registration of conveyance deed.
RIGHTS AND DUTIES OF ALLOTTEES

Architecture and Town Planning _Unit 5_SPPU_LARR, UDPFI, RERA and MAHA-RERA by S. R. Kate

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