Hi all,

I spoke to rep at nirmal lifestyle via board line. They were waiting for the 22 August 2008 court hearing.Also when asked whether there will be consideration for any sort of compensation on delayin possession ...he expressed a surprise saying no one is interested in the same. Does anyone have any idea on the same..Yeah i too would not ask...only if i had not tracked the economic crisis and the money that builder is enjoying free interest (income) on our collection as he is not incurring the construction expenses...we had forgone the cash in hand in anticipation of property...also last but not least lost all the possible rental income from property in the realty boom period....When we get property in hand it will be the time realty demand is either low, slow or die out....

What do you expect from courts? Another date : 22 August 2008 at the Supreme Court.

Refer to : www.courtnic.nic.in Supreme court : SLP 11055/2008.

I have been regularly following this case for the last two years and more for a verdict.  We did finally get a verdict from the high court.  Thanks to a double-speaking Government affidavit, we got a negative ruling.  Appeal has been filed at the supreme court.  Final verdict date is anybody's guess.

Exactly!!

L...O...N...G...........T...E...R...M..... the issue will be decided in our favour.  What happens in the short term?  We dont get possession of the apartment we have paid for.  We should have had possession atleast a year back if not more.  So already all of us have suffered losses in addition to mental anguish.

In this case, we certainly have not got justice.  Not from the State Government, not from the High Court, not from the Supreme Court.

The latest update is, on 22nd may there is hearing in Suprim Court.

Let's hope for some positive news.

Perslonally, long term view is this issue will be resolved in our favour.

hi Friends, we are all in the same boat! Pl. join me in orkut, the Amethyst , nirmal lifestyle community

http://www.orkut.com/Community.aspx?cmm=36532338

Let us fight it out together! I have seen the Blue diamond project when  I went to book ours .. am surprised that too is unfinished..

raji

Hi Guys,

Good to know that we have this forum. I am also unfotunate to buy flat in Blue Diamond in 2004. The worst is I paid the entire amount. Builder promised me that I would get possession by dec 2006. But nothing is happening. I am getting the same answers from bulider that by next three months everthing will be fine. Now I lost the hopes. Is anybody paid the entire amount, Did anybody asked for copensation. Please let me know?

We are all in deep trouble.

Hi Guys!! 

An article from today's (28 March 2008) Economic Times :

STATE ADMITS TO ITS 'MISTAKE', FINALLY

May Plead Guilty of Not Changing Records in bid to protect buildings on Forest Land

Our Political Bureau Mumbai

The Maharashtra government is now preparing to admit its 'tactical mistake' to save thousands of houses built on 'Forest Land' in Mumbai suburbs when the issue comes before the Supreme Court.  Admitting the "tactical error" - of not making the necessary changes in the revenue department records after allowing construction on forest land - could be the only solution before the government, to pull itself out of the mess, experts point out.  Such a submission before the court during the forest land case would have saved thousands of houseowners who are facing the threat of eviction following the recent high court order.

A senior minister in the Vilasrao Deshmukh cabinet disclosed to ET that the departments of forest and revenue had discussed such an option, but the government did not do so when it filed its affidavit before the court.  Revenue department officials pointed out that the state government had exploited this option to free around 42,000 hectares of private Forest Land in sindhudurg district of konkan from the Maharashtra Private Forests (Acquisition) act.

"The government affidavit before the court simply pleaded guilty and expressed regrets over the mistake.  The court took a lenient view and freed 42,000 hectares of land, which was locked in a similar case", a revenue department official said.

Last week, the Bombay High Court rejected petitions filed by some developers, uphelf a government order declaring around 1,500 hectares of land as private forests, and ruled that all construction on these lands was illegal.  "Top officials from the departments of revenue and forests had sat together to work out a solution to this problem which threatened to snowball into a major crisis for the government.  But the government blundered by not using this option and told the court that the entire land in question was actually private forests.  The court naturally upheld the government order declaring all those lands as private forests," the minister said.  The solution discussed by the revenue and forest departments was that the government would plead guilty before the court in its affidavit and pray for a reprieve for the housing societies and residents on the grounds that construction activity on private forests was virtually endorsed by the government.

Meanwhile, forest minister Babanrao Pachpute told the legislative council on Thursday that the state government was seriously pursuing an amicable solution to this issue.  Another senior minister said the government would provide all support to the developers and housing societies in challenging the High Court ruling in the Supreme Court.

Hi All!
I just came across this blog today. I don't know if u know but today the Mumbai High Court has ruled all constructions on the forestlend in the Bhandup-Mulund-Thane belt as illegal.

I guess the next step would be an appeal in the Supreme Court by the builders.

I recently spoke to the Nirmal office (before today's judgment) & they said possession would be in late 2008. But after today's ruling, i think its going to be a long wait...........

JosephJ - The unfortunate answer to your question of the current value of the property is ZERO. If the forest dept wins the case (which is also very likely) then it can take over the land & stop any further activity. On the other hand, we or the builders could counter sue, which in any case would mean that another 5 to 10 years for the case to complete. From the past two years, I am hearing that the courts would settle "next" month. I am still waiting.

On the other hand, the good news is the builders are actually doing the interiors, which is a good sign. But on the other hand, the progress is so very slow, that I actually doubt the true intent of the builders.

I am not sure what needs to be done. I spoke to a few lawyers, he says that if we (resident owners) group together and fight this legally, maybe we have a case. What say ?

Hi Guys, I just came across this blog. I am also one of the unfortunate to buy an apartment in Blue Diamond, Mulund. The builder promised completion in December 2006 when I booked and the completion is nowhere in sight. Please let me know the current value of the property per square feet and also if you have any idea if this property can be refinanced.

Bye

Hi all-

I am new to this forum and thank god I finally found it. I have been waiting to chat with the owners of Blue Diamond apts rather than the builder who keeps telling me next month everything should be resolved. I have been hearing the same song for past thre years and looks like the management has changed several times in three years.

I was informed that the final decision was going to be made on January 15, 2008. Has anyone heard anything and does anyone have any updates on the case? Also, I was told the high rise issue has been resolved but the forest land issues still exists. Is this true?

Thanks,

Kamlesh

Hi Guys,

Just joined the blog.

I notice that the last update was only on 28th Nov and no fill ups after that.

Please go through the article on page 3 of TOI Mumbai edition, dated 12th Dec07.

The article seems to be spelling doom, with the kind of statements released by the secretary of forests dept, J Dange.

The real issue with the project is not being spelt out clearly, though the site office staff indicate that the forest land issue has been cleared.

I have tried checking for evidence whatsoever, that substantiates their statement, either in form of copy of the judgement, or interim relief, or any media report, etc but in vain.

Enquiries at the BMC office / land & revenue department, behind Ghatkopar BEST Depot reveal that legally all construction work has been prohibited at site. I have also learnt that Registrar's office has stopped registration of such property.

Clearance from High-rise committee for additional floors is also held up because it is  linked to Forest land dispute with the govt.

This is the latest I have to share.

We must check out the stand our builder takes, to safeguard our (investors') interests.

Hi guys,

I'm one of the unfortunate buyers in BlueDiamond. Nirmal Management has been been offering fake assurances of project completion with 9 months, with no guarantee whatsoever. And now they want us to pay additional installments. I'm not sure about the project status.

Any information from anybody on this forum is welcome.

Regards

Chetan

Hi guys,

I'm one of the unfortunate buyers in BlueDiamond. Nirmal Management has been been offering fake assurances of project completion with 9 months, with no guarantee whatsoever. And now they want us to pay additional installments. I'm not sure about the project status.

Any information from anybody on this forum is welcome.

Regards

Chetan

Hi all,

I got a letter yesterday which says that work has started back. I was happy initially but I am a little concerned after reading in detail.

They say that they are working on internal amenities, not external. Also they have only constructed 19 floors and I guess its a 27 (or 30) storey building.

Seems like they do not want to start external work.

Does anybody have any idea on what this means in light of the court order.

Thanks, Harish

I spoke to someone in their office, they said till September nothing will happen.

No registration. NO selling.

The case has been referred to Mumbai High Court and Supreme Court has asked it to resolve soon.

Thanks

Hi HarishParam,

Thanks for your posting!  I didnt know there was another angle to our troubles viz. Height of the building.  I have been following the Private Forest Land case in the supreme court. 

Not many people seem to be using this forum, as you can see.  Anyway, I will be checking this page regularly.

Ram

Hi,

I had bought a flat in this ill fated building before the courts took over and there is a stay now.

I just wanted to know how many people are affected by this. Are there any alternatives. Cant we file a counter PIL? Is there any legal action that we can take to help our cause?

Also, is the stay on the building construction becuase of the forest land issue or is it because it is taller than when was first approved by MH government and now there is water or electricity issues?

Not sure how many will respond, but even if you can add a word at least we would know how many users are active in this list.

Check Http://courtnic.nic.in

Supreme Court of India

Case no: 14068

Next date of listing : 04/01/2007 but no details of the court order on 6/11/2006.

Yeah, slow indeed.

It has been caught up in the "Private Forest Land" issue. 

Search for "Forest Land" in www.mulundplus.com and other sites.

Information on the court case is available at http://Courtnic.nic.in

Select "Supreme Court of India" Case no : 14068

Last listing was on 6 November 2006, but the order passed on 6 Nov 06 has not been entered in the site. 

Lets hope the issue gets resolved and the construction starts in full swing again.

any  one there