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Konark Orchid construction on hold due to environment clearance issue from the govt, is that true?
Q: Heard that Karia developers facing environment clearance issue from the govt and hence project is on hold wrt stay order from govt. Is that true? as the possession date is been postponed to 2014 end now which was previously planned for 2013 Diwali. Construction is also on hold completely. I am one of the owner, really scared. it should doesn't turned out to be next "kumar kruti"
Which builder?As we already got the possession and many of them has shifted and living. I own a 3bhk in A building Garden/Pool/Amenities facing with double size balcony. (1724 sq.ft total area) My flat is on sale.
Dear All Friends, At Konark Orchid, We saw a 3 BHK flat on 11th floor in Building A and liked it. Do you advise me to invest in this flat? 1) Do we have Environmental Clearance issues still? Or any other issues? 2) Do we have sufficient Water there in Wagholi at this place? Or the survival is on Tankers? 3) How about monthly maintenance amount? Is the society already formed?
Hi Kushal....I own a 3bhk in A building Garden/Pool/Amenities facing with double size balcony. Even my flat is also on sale.
1. All issues has been resolved and possession has been given to the owners. 2. Water issues this year is there everywhere i believe, tankers are available by the builder. 3. Society Not formed yet.
Monthly maintenance
01st Jan 2016 to 31st March 2016 17,613/-
01st April 2016 to 30th June 2016 20,520/-
01st July 2016 to 30th Sept 2016 20,520/-
01/10/2016 01st Oct 2016 to 31st Dec 2016 18,000/ 2,520/- 20,520/-
I was interested to buy a flat in Orchid. I visited the site recently (Sept 2015), the construction is in progress. As per the website https://ec.maharashtra.gov.in/ecdoc_80.php (search for Orchid and go through the attached pdfs), it appears that the clearance has been issues for 5 yrs, subjected to several conditions.
Does this mean that there are no issues anymore and is it safe to buy a flat there?
In the worst case, what happens if clearance is revoked in future if the builders, or the society in future, fails to comply with any of the conditions?
Hi all, As a new buyers, everything looks good the time of purchase. Also, this Property was approved by SBI and construction was on full swing. Alas, things didn't work out the way it was ought.
Hi Vatsa, It is my suggestion to all the buyers and investors that Irrespective of bank, be it SBI or any other Central Bank, never ever sign the agreement unless given go ahead by good property lawyer whom you can trust. Many a times, the banks which lend to builder are first to approve the project even if there are some issues as they want interest from builder + buyer, double business. But in all this, buyer is the one who suffers, especially end user who has certain dead line. Always remember, project documents verification by lawyer is must, irrespective of builder & bank.
I have not received the mail. Could you forward a copy of the same mail to me at anil_chandran@rediffmail.com. It is important to see if Karia developers are on the right side of the law or not from day one as the same would then decide the fate of the case. In the agreement they said the possession would be provided by Dec'14, with this kind of delay, the same also gets postponed by one more year........
Am one of you. Have received a mail from the builder regarding clarification on EC issue. Those of you who have not received mail can call them and ask for a copy. SA
HI All, My name is Hemant Bhardwaj. Even I have booked a flat with Orchid and facing the same issue. I have done some extensive research on official website of Maharashtra EC website and, found that many of statement from Karia are very contradicting. Please add me 9762444929.
when did you spoke to Dsouza.I send a mail on 20th Feb about the case hearing and he told me that it been transfered to another judge.I Think best option is to get together in personel and meet at Karia office to get a real picture.
I spoke to Dsouza, he mentioned that one hearing has been done for our case and judge has listened to the case but now he has given another hearing date which is next week. I'm gonna call Dsouza in 10 days from now to know the latest updates.
Hi All, we own a flat at Konark Orchid and are very worried with the way things are moving. After having spoken to Nimisha, she hopes that EC clearance will be given in April. It's high time we all should unite and take an action. We have lost significant amount of time and our hard earned money. When and where can we meet in Pune? Will meeting at Orchid site on 22nd Mar be a good and convenient option for all?
Hello All, Can we meet at a common convenient location on Saturday or Sunday. Unless we get United this will not happen. Please co operate and suggest time and place. This is sure in the interest of all.
Yes, Lets meet at Green Field Restaurant, near Karia's builders office in Kalyani nagar. We need group of at least 30 people and also arrange of Press coverage.. Thats only way to build pressure on the builder.
We also talked to Nimisha and Chetan - and they are just NOT ready to give the reasons for delay/construction stop in writing. People who are in Pune should all meet and together approach the builder to create pressure, after that if required we can evaluate other routes - consumer forum, sending legal notice etc..
Hello All, I guess what Poonam has mentioned in post#91 is still an incomplete list, the builder is hiding stuff and which is why they are not providing any formal documentation with regards to the issue on the Karia Builders letter head.
As recommended by others, we all should get together and send a Legal notice asking for the status and what exactly are the issue behind stopping the construction.
Last sat i met Samit Karia at "Konark Vista" site. And we had chat for couple of mins, He assured that all cases will be cleared by July 2014. There are 3 cases ..1- Violation 2- EC clearance and one more ...Violation shall get clear by april then 2-3 more months for others. There are some 365 similar cases pending with the state govt and Karia is at 2nd position for hearing.
I just called up Karias and talked to Dsouza. He told me they filed the writ petition on 8th Jan and they will get to know the first hearing date after 3 days.
@Anshul Bajaj - As Mr. Dsouza asked you to call him after 15 days to know the further status. Did u call him and checked what happened to violation case dtd 06 Jan?
Few more updates for the forum are as below. 1. EC meetings SEACIII(Non MMR) are held every 15 days or weekly and builders can re-appeal. Check Environmental Clearance web portal i.e. https://ec.maharashtra.gov.in/ 2. There was a ruling by high court few days back that all the approved cases need to be stayed and a commitee be formed for approving the ec statewide along with one central/national committee. Please check for the same in timesofindia on first page. I don't remember the exact date but it appeared on the front page.
I am too an owner of Konark Orchid and would like to have updates on the construction side. Its good news that many files have been cleared but we should cheer only when specifically Konark Orchid files need to be cleared and given EC. The problem that Konark Orchid is facing is the builder has put a case with case nos. WPL/64/2014(stamp) in bombay high court and WPL/66/2014(stamp). High court should now give the relief first to re-appeal for environmental clearance and then we would get the EC. Please check on what happened on 6th Jan 2014 for the writ petition filed with the builder. Did they get relief against the violations they did?
@Anshul Bajaj - As Mr. Dsouza asked you to call him after 15 days to know the further status. Please let all of us what did he say and what happened to violation case dtd 06 Jan.
Hi All, Wish you all a very Happy New Year....Hope in this new year we will hear some good news from our builder...Let's hope for the best. But friends again it is a court matter and it takes time. unfortunately we have lost almost 1 and half year hearing that construction will start in two months....but its not happening at all. Just want to ask you anybody from you met Mr.Samit Karia in December ? B'coz i have strong feelings that he is avoiding us to meet.
Karia Developers claim that they have filed a Writ petition in Bombay High Court for relief and are looking forward to Court's favourable ruling which is expected to come up for hearing on 06 Jan'14.
On 28th Dec' I had met Nimisha at their office. They have given a gist of the issue which is which is as under :
1. They applied for EC on 27 April 2011 in accordance with rules effective from 2004 as per which developer needs to apply for EC after commencement of construction and eventually apply for EC prior to completion of project. 2. Govt issues memorandum on 12 Dec'12 - J-11013/41/2006-IA.II (I) stating any project required to obtain EC should do so before commencing work and not later, which will be treated as violation. 3. Many developers filed writ petitions in High Court and were successful in obtaining relief from High Court which ruled that any construction upto level of 20000 sq mtrs was not to be considered a violation and EC could be obtained in case project exceeds that limit. 4. Secy to Govt of Maharashtra issues an order on 29 Jun'13 cleared it but the same was quashed by Principal Secy on 31 Oct'13 stating each developer will have to take clearance separately.
I called up Karias and I talked to a guy Dsouza. He told me that they got clearance from violation along with other builders when they filled petition in a group but it wasn't accepted by EC dept. They want it on individual builder basis. So Karias are going to file another petition on 6th January and as per him this will be picked UUP on priority by court. He told me to get in touch with him again in another 15 days to know further status.
Here is what i could find: File No. SEAC2011/CR- 178 /TC2)
Decision: PP have initniated the construction work without obtaining prior environmental clearance. As per MoEF OM dated 12th December, 2012, para 5, SEAC decided to refer the proposal to Environment Department, Government of Maharashtra to verify the issue of violation and to take necessary action as per said MoEF OM. .
Hello All, i am also one of the owners of the flat in Orchid. Seems a strong action is called for and that would not happen unless all of us unite. i would suggest we should first connect and take it forward.
@Vaishali: Now this is not promising at all.. its concerning given the fact that they are not sure or dont have a backup plan if the result is not in our favor.... @Munjal: How and why would the Builder return the money? they would have invested significantly too and would they have the surplus amt to return to the buyers? Should we start looking our for some Good lawyers and have a case ready, else we will have to wait until April and then start looking out for someone and then initiating the whole case, which will add another few months of delay (on top of the time we have already lost)... I am open for involving a lawyer now and checking out the options proactively...what does everyone else think? Thank You...
My experience in these kind of legal congestion is different. This is not 1 or 2 years of matter. This is very complex government violation case & these kind of constructions generally never get completed or take 5 to 10 years of time to get legally cleared. Developers always give future dates & never come in front of the customers. In this case construction violation of additional 5 floors is proven. Even if developer goes into court against local authorities he can't won this case. Many renowned developers across India had incidents of started construction but never completed till date including Sahara group. My suggestion to all members is only that either put strong case in court against developer or get your money back. I don't see any future development in this project atleast for next 5-10 years. Don't lose your hard earned money, get it refunded from the developer immediately even without interest.
It's different thing.They are going to file the case in court for violation issue and after hearing they will again apply for EC. See we also have no exact idea, it's like we have to believe what they forward information to us.
We went to Karia's offc yesterday eve. We had an appointment with Mr. Samit Karia, but unfortunately he was not available and we met Mr. Chetan. According to him first they will have to come out from violation category. So they are going to file the case in court within a few days for violation issue. After all this procedure if final result will come in our favor then they will again apply for Environment Clearance. Now things are getting worst. If its meter of court then we don't know how long it will take and what will be the result? We asked Mr. Chetan that what if they will not win the case in the court? What will be the next? He replied that we have not think about it right now, but approx all these will get clear near April 14. Pls let us know if you have any idea about it. You pls cross check with concern person what is the meter and what is their strategy for the same.
I have also invested in the Orchids project and facing the same issues as the rest of you...Every time we keep being told new dates and that its Gov's fault... Is it time we sought some legal help? Do we need to consult with a Lawyer? Have the rest of you decided on meeting up with the Builder?
Hi All, I had a talk with Nimisha Karia last week. As i was told that they will get EC certificate by end of Nov 13. But now she is saying that hearing date has been postponed to April 14. Now again 5 more months to wait. We should get together and meet Samit Karia. I am available on 9637556889. Pls do inform if anybody get reply for meeting.
I went to karia's office on 7th dec. They told me the same story. Nimisha told that they had started construction because they had received commencement certificate from government. So according to them its not their fault.
what the hell is Nimisha talking, how come it is not their fault, they should not had started the construction and selling flats if they did not had EC.
Yesterday i went directly and spoke to Nimisha, she said EC postponed to April 14, and it might postpone again its not in their hand its upto state govt. and Reg possession in Dec 14, if it doesnt happen its not bcoz of builder it will be bcoz of state govt EC issue and not only Karia many other builders facing similar issues. She showed me some letter that they have putup case against state govt in HC for such delays reg EC clearance issue. We dont have any option other than waiting what i see now.
hello guys.. i too have registered a flat there and i am really worried as has happened with others, was checking the status with Nimisha regularly, the latest reply being they expect EC to be received in Apr'14; she also said that it will take about 9-10 months more after receipt of clearance to give possession ; I guess the best option is to get together and get some concrete answers. These days even reputed builders are delaying Projects and the fact that they have not been communicating the right facts may indicate issues at Karia's end too. We must get a firm reply from them and probably a group action is the best option
I send a mail to Nimisha Karia and again the same Response 'EC Meeting now been postponed till April 14'. Not sure if the things will move like that then how long time will it take to start the Project again
I think it is a matter of great concern now as the date been postponed from 1 year. As per legal document , date given at the time of flat registrtaion is Dec 2014. Could you please guys confirm if anybody else had done the registration.
I spoke to Nimisha Karia today and she confirmed the meeting which is supposed to happen in Dec got postponed to APRIL 2014. Now again wait for 5 more months which also they are not sure about it. Hence i insisted to meet Sameet Karia (the owner/chariman) but she said he is busy and we can meet Mr. Chetan (the director). she shall confirm me the time for Sat (30 Nov) meeting tom same time.
Does anyone agree on meeting at Karia's Kalyani Nagar office at 6 pm(or some suitable time) on Saturday? I am not sure if Sumeet Karia be available at that time... but if there is someone who can verify the timings, it would be great. Am really fed up of these uncertainties. We really need to know the clear picture. We have anyways lost more than 9 months on the possession date. We need to act up.
I searched for case status on SEAC website, I see three of karia's projects Konark exotica, Konark Meadows and Orchid, for exotica it says violation, for meadows it says "recommended for rejection" and for Orchid "there is no decision". I am doubtful whether they will get the permission or not since they have violated by constructing floors till 11 floors where as the approval was just for 7.
Sorry guys, that meeting already happened in 2012... but it seems that this issue is still not resolved, its been almost an year and we still don't have any concrete reply from their side. Lets all go together and discuss with them.
Thats True. We need to know the real Picture. Its more than 1 year and without any strong move the things will move like this. All the member in the forum should decide a date for a meeting.
exactly same she told me..by dec end "hopefully" 6 mnths b4 she told me Oct end then Nov end n now dec end.....she is hopeless. if possible lets meet "Sameet Karia" the owner. i mean we all can decide one date (any sat) and meet him all together. he normally comes to kalyaninagar office after 6 pm.
Nimisha told the same to me that we may expect something by Dec. end. She herself doesn't have full details or she is hiding something. They are just delaying the things by giving us future dates.
Hello to Everyone in the forum. I called Nimisha and she said by Dec end hopefully they shall get the EC clearance. I dont trust them as before they said Oct end then Nov end and now Dec end. Can anyone in the forum infact many or all ...call her one by one and confirm? please do it if possible. Atleast by this we can cross verify her and get the real news from her. Thanks!
Hi All, I think Mr Munjal is correct and i like his suggestion. We all members of Orchid must get together and visit Karia office. Its been 1 year now and construction work or any kind of work is not going on. If anybody have any idea how to deal with this issue pls come forward and give suggestion.
FYI.when i booked the flat last year it was told that total approved floor is till 8 , not sure how come they construct above floor without permission.we need to ask for approval letter from Builder . According to them its EC issue.Apart from that are all the member in the community have done the Registration for the Flat.I have done my Registration last year and they mention the Possesion Date as December 2014
First of all why they constructed additional floors without permission from local authorities. All Members of this scheme are suffering due to this step of the builder. Just a suggestion to all the members of Orchid is you all members should come together & hire very strong advocate & take strict legal actions. Plan available with local authority which is submitted by builder is totally different than what they have constructed. Very strict legal complaint from All the members together is suggested
Hi All, I have visited the site "Orchid" and the karia office 2 days back. I met Nimisha Karia and again got the same answer that we will get to know about EC in 2 months and she was not sure when i asked that will this project get completed or not? She said i can't say anything till we get EC. But every time we have been told that every project of this area have the same EC problem, just 2 days back i checked with all the project on the same road are doing well and work is going on. So i can say there is the problem with Karia only.
yes that absolutely true....other projects are going on smoothly. That shows the problem is with karia 's. Secondly they are giving different dates to different persons, which seems they are just making fool of us.
Hi All, I even Called Nimisha and she says the same things by end of Nov. She said once work will start then only she can confirm about the Possesision Date and all.
@Anshu- No i didnt. As I am really frustrated talking to Nimisha, every time she says the same thing, we dont know its all upto the govt
@Deepika - As i said earlier based on engineer's story - if EC is rejected then either they need to demolish the floors they made without consent of the govt from 8th floor onwards or they shall not be eligible to construct phase 2 &3 something like that.
Thanks Anshu, yesterday i visited the site and the engineer there said they are only HOPING to get the clearance from the govt by Nov 2013 as this is their last chance. later either they need to demolish the floors they made without consent of the govt from 8th floor onwards or they shall not be eligible to construct phase 2 &3 something like that....no idea what is true story.
Hi Guys, I am also being told the EC issue and the construction is on hold. Can anyone of you confirm if this is the actual case? As in, if anyone of you have heard of this apart from builder? May be it is the actual issue, but I am not sure of it. I have asked them to give the application or reference number of EC application which they might have submitted. I haven't got it from them. They must have one. I request you guys to ask for the same when you talk to builder and insist on application number. If it is a genuine case then they should be able to give us the application number. Anshul
I don't know the legality of it, but the best part is it's not rejected yet ;) I remember I had chat with the builder, and they said "some rule needs to be changed for kesanand road, and all the builders on that road is facing same problem." I think the status reflects what builder was quoting. But don't know whether other builders on that road are facing same problem or they got the EC.
ok, fingers crossed. Hope for the best. I live in Konark Splendour (one of Karia's project) and had gr8 exp in the past hence i reason i took decision for Orchid. Hopefully they shall not let us down. U know, this EC issue they been telling me since Jan 2012 :( Lost all my patience
I called them and they are saying that they will get 99% EC Clearance, not sure how concrete.But as per new law they have to give the Possesion within a time defined in Registery Papers.
I spoke to Nimisha Karia, she is in charge of Konark Orchid (Admin related work). She told me there is meeting scheduled with the state govt in Oct reg environment clearance and they are ONLY HOPING to get the clearance by Nov 2013. Can anyone please cross verify with them? then we can have more clarification.
Yes same thing was also told to us that they will get the EC in Nov and soon after Dewali they will resume their work. But. Now its mid Nov and there is no progress.
Same here , I am also a owner in Konark orchid. There is no progress in work. When you talk with them they keep on blaming the govt. A similar incident happened in a project called Swapnlok in hadapsar(one of my friend owns a flat there). There the builder has cancelled some of his future buildings to fulfill the FSI norms. Here the karia builder can also do the same thing. May be thay can launch there future building once they sort out the issue with govt