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2 NCHF BULLETIN
THE CHALLENGE OF AIR POLLUTION
––A.K. Jain*
Air pollution in India stands out as the most disturbing recreational, greens, solid waste management, energy and
aspect of environmental damage and health risks. As per infrastructure services. Under the smart cities and other
the World Health Organisation, 13 Indian cities are among programs, several initiatives have been taken, which can
the World’s top 20 cities with severe levels of PM2.5 and contribute in reducing the air pollution.
PM10.
CLEAN AIR AND SUSTAINABLE DEVELOPMENT
A large, emerging economy such as India’s has GOALS
numerous and varied sources of air pollution, be they from
industry, construction, urban transport or domestic services. In order to arrest air pollution, the following can be
Regulating the air pollution from all these different the agenda of Sustainable Development Goals for 2030
stakeholders is especially difficult because its impact is (adapted from SDG 7 and SDG 11):
geographically dispersed, often across the States and
i Double the rate of improvement of energy efficiency
jurisdictional lines. For instance, around half of Delhi’s air
in India’s 5 largest metropolitan cities.
pollution during the months of October and November can
be attributed to the burning of agricultural waste in ii Double the emission reduction from energy
neighbouring States. This means that apart from developing production.
a localized solution to the air pollution that is generated within
iii Halve the number of deaths per 100,000 persons
its own city, the Delhi NCT Government must also coordinate
caused by air pollution
with the Governments of Punjab, Haryana, Uttar Pradesh
and Uttarakhand to control this external source of pollution. iv Halve the number of health complications per 100,000
caused by air pollution
The central conflict in the effort to control air pollution
is the balancing of effective environmental policies against Based on the identification of major components and
robust economic growth, much of which is driven by mass sources of air pollution and analysis of ambient air quality,
consumption. With India having a GDP per capita that is various scenarios of emission control from point sources
only 16% of the global average, the lion’s share of this and area sources can be worked out for next five years.
mass consumption comes from citizens in low-income
brackets. Unfortunately, citizens from a low-income bracket PLANNING FOR CLEAN AIR
also rate as the most inefficient in terms of carbon footprint
per unit of consumption. Environmentally efficient According to the Intergovernmental Panel on Climate
technology is more expensive to use. India’s CNG buses Change, urban areas account for more than half of global
are frequently costlier than using the unregulated, heavily primary energy use and energy related CO2 emissions.
polluting private buses. Likewise, the indoor use of ‘dirty’ They account for 67 to 76% of global energy use and 71
fuels such as wood, coal in low-income households is to 76% energy related CO2 emissions. Infrastructure and
much more polluting than using a costlier LPG stove or urban form are interlinked and shape the land use,
induction cooker does. In emerging economies like India transport choice, housing and affect the sustainability and
policymakers find it hard to curtail such carbon inefficient efficiency of city. This needs adopting a low carbon (thus
consumption because doing so would prove unpopular low emissions) urban form and structure.
with the masses. However, such a notion ignores the
economic cost of rising air pollution, something that still According to the IPCC (Climate Change Report, 2014,
needs extensive research to be conducted for it to be WG III) the critical aspects of spatial planning for clean air
properly quantified. comprise:
– Density, FAR optimisation
Air pollution is not a standalone factor but is a product
of several aspects of urban development, such as mobility, – Land use (mix of activities, population)
* Former Commissioner (Planning), Delhi Development Authority, – Connectivity, walkability and traffic density
He was a Member of the Committee of the Ministry of Urban
Development on DDA (2015) and UN Habitat (2007-12). – Accessibility for all by public transit, cycle, walk
JULY, 2019 3
Bundling these strategies can reduce emission by Some of the critical pathways towards clean air are
reduced transport, and increasing density, jobs, dwellings, given below:
shops, informal trade, etc. It is necessary that a
comprehensive insight into urban problems and air Transport: The installation of engine optimization
pollutionis developed so as to evolve the strategies of and exhaust gas recirculation technologies and promoting
sustainability, decentralization, localization, civic rail and waterways for public transport and freight
engagement, participation and partnership. Table details can reduce black carbon emissions by 90%. Some
out a matrix for Clean Air, covering the aspects of other critical areas to reduce emission from transport
Technology, Public Engagement and Policy Imperatives. include:
Table. : Technology, Citizen Engagement and Policy Matrix for Clean Air
Manufacturing and Energy Urban Mobility Environmental Building and Farming
Industry Data Construction
Technology – Installing continuous – Emission and – Development – Installing – Green building – Use of
emissions monitoring fossil free of low- citywide air technologies agriculture
technology (CEMS) at technology emission quality that produce residue for
manufacturing – Trigeneration public monitoring as much power
locations, placing more – Renewable transport networks. energy as a generation
accountability on Energy – Increase the – Communi- building – Conversion of
industrial polluters – Zero Net use of electric cating air consumes. agri-waste
– Development of low- Energy cars/e- quality data – Cool roof material, bio-
emission commercial Building rickshaws through mobile – Net Zero char
and industrial vehicles – Use of – NMTs, Apps Energy – Satellite
processes and logistics Gaseous pedestrians Building surveillance
– Optimise industrial Fuels – Transport – Passive – Gasification
infrastructure and – Elimination of Demand design, technology to
promote industrial D.G. Sets Management Natural convert bio-
restructuring – Smart Meters – Transit ventilation, waste into
– Accelerate – Micro Grids Oriented – Indoor plants pellets/
technological Development – Green Rating electricity
innovations
Citizen – Applying public – Renewal – Providing N- – Vayu Apps – Green – Incentives
Engagement pressure on polluting energy 99 pollution – EIA building and
industries – Campaigns masks to – Early warning movement infrastructure
– Promote citizen – Facilitates traffic system – Incentives for for recycling
engagement in reduced policemen, GRIHA rating agriculture
industrial environment energy municipal – Promote residue
management consumption workers, citizen
– Disclosure of air street participation
pollution data vendors, etc.
– Initiating a
public
campaign for
carpooling
and
ridesharing
Policy – A cap-and-trade – Emission – Building – Actionable – Facilitating – Schemes for
emissions scheme for Tracking support for use of the proper
industries Systems tighter environmental widespread management
– Ensuring compliance of – Install clean controls on data. use of a of agricultural
industrial emissions energy vehicular – Publicizing green rating waste and
with the standards production emissions and for a waste to
– Enforcement and supply – Increased use campaigning building’s energy
– Institutional and legal of electric for action or energy schemes
review vehicles Pollution consumption
– Strengthened Graded and produced
environment threshold Response emissions
and industrial layout Plan.
– Clarify responsibilities
of government,
enterprises and civil
society
4 NCHF BULLETIN
– Development and spread of low emission public density, mixed use development near new or existing high
transport, commercial and private vehicles quality public transportation infrastructure that provides
– To increase the use of electric cars, e-rickshaws and housing, employment, entertainment and civic functions
e-buses within walking distance of the transit system. Pedestrian-
oriented design features of TODs encourage residents and
– Initiating a consumer campaign for car-pooling and workers to use their cars less and ride public transit more.
ride-sharing
– Building support for tighter controls on vehicular The primary goals of TOD are to:
emissions and stricter compliance with PUC norms. 1. Reduce/discourage private vehicle dependency and
– Providing N-99 pollution masks to traffic policemen, induce public transport use – through policy
rag pickers, street vendors, sanitary workers, measures, design interventions & enforcement.
construction workers, students, etc. 2. Provide public transit access to the maximum number
of people through densification and enhanced
Safe and accessible cities are compact, walkable connectivity.
and sustainable, which provide comfortable, safe,
affordable, reliable and non-polluting public travel modes. City-level integrated Transit Oriented Plans need to
Most of the local facilities are reachable by a convenient be prepared for reducing need to travel, and for optimum
5-minute (400 to 500 meter) walking, with dedicated paths use of land and public transport system. The aim is to
for walking and cycling. Neighbourhood facilities, shops, minimise air pollution caused by urban transport.
schools, parks, clubs and city centres are located along
the pedestrian, cycle and public transport corridors. The INFORMAL AND NON-MOTORISED TRANSPORT
urban form plays an important role in the safe urban
mobility by accommodating all modes to travel, including Informal and intermediate modes of transport, which
walking, wheelchair, cycling, public transit and people by include 3 wheelers, vans, pickups, rickshaws, manual thelas
a safe, efficient and attractive road network, with generous
footpaths and trees.
JULY, 2019 5
and rehri, etc. cater to about 30 to 60% of passengers and constitution of area-wise noise control circles, preparation
goods movement in the cities like Delhi. As compared to of Noise Monitoring and Control Plan (NMCP), hybrid
small truck, the autos and rickshaws are substantially electric vehicles, speed breaker/hump, landscape and
cheaper, which by multiple trips deliver as much as a 5-ton noise buffers and rubberised road surface.
truck in a day. Courier services, perishables, such as milk,
vegetables, fruits, groceries and other short-haul deliveries
are increasingly being made by auto-rickshaw, van or
tricycle. These reach in the narrow lanes and congested
areas where public authorities do not allow trucks/public
carriers during day time and also during frequent VVIP visits,
processions, ceremonies, etc.
As urban transport in Indian cities contributes up to Public transport has to be disabled and wheelchair
two-third of the emission and pollution, it is crucial that the friendly with tactile flooring, low floor buses with footboard
concepts of walk to work, inter-modal public transit, mixed at level with the platform and proper street lighting for the
land use, e-governance, transit oriented development and safety and security of pedestrians. A dedicated bicycle
travel demand management are adopted, rather than just lane has to be built along every road. The signage, maps,
end of the pipe, pollution under check certification. Low variable message signs, pedestrian crossings, integrated
carbon, green mobility is crucial for an efficient, sustainable f are collection systems, protection systems and
and healthy society. communication are important elements of safe mobility.
The need for traffic calming has become urgent in Industries and power have a crucial role in shaping
India.This involves reducing speeds, noise and volumes India’s path to combating air pollution. Cement and steel
by various measures such as no horn zoning, traffic circles are the building blocks of modern infrastructure and the
at intersections, raised crosswalks, and partial street two industries account f or roughly 10% of global
closures to discourage short-cut traffic through residential greenhouse gas emissions. These industries need to shrink
neighbourhoods. Traffic calming may be necessary on their environmental footprint by following measures:
certain streets, such as high security zones, areas fronting – Strengthening of enforcement and emissions
university, college, schools, hospitals, etc. Traffic calming/ monitoring
noise control measures involve notifying No Horn Zones, – Scaling up of Emissions Trading Schemes.
6 NCHF BULLETIN
– The development and installation of emissions free such as cleaning products, volatile organic compounds,
technologies, especially in the power and brick- dust, infectious agents, fragrances, cooking fumes, smoke,
making industries. etc. Mold spores and various other particulate matters
– Installing continuous emissions monitoring technology and toxic gases are the biggest pollutant found in the air.
(CEMS) at manufacturing locations and placing more A humidity level of 65% or more along with a temperature
accountability on industrial polluters. ranging between 10° and 32°C make a suitable
environment for the mould spores to grow indoors. Mold
– Introduction of gaseous fuels and enforcement of growth can be prevented by increasing ventilation, covering
stringent SO2 /NOx/PM2.5 standards for industries cold surfaces like water pipes with insulation, and
using solid fuels. increasing the air temperature and keeping all hard
– Elimination of DG set usage by provision of 24x7 surfaces clean by washing or wiping with detergent or
electricity and by innovative tall pipe control other disinfectants.
technologies.
– Use of agricultural residue in power plants and ether Proliferation of low-carbon and green building
industries to replace high ash coal and open burning technologies that produce as much energy as a building
in fields. consumes, can help in controlling the air pollution,
wider use of green rating, such as GRIHA, can help
Innovations at local level are important. Chakr reducing the building’s energy consumption and emissions.
Innovations Pvt. Ltd. proposed a technology that coupled Passive design of buildings can reduce the need of air
with exhaust pipe of diesel engines absorbs PM emissions conditioning. For a comprehensive approach, it is
and converts the captured particulate matter into black ink necessary to prepare energy efficiency and low carbon
and paints. In this project, the goal was to test the neighbourhood plans.
effectiveness of Chakr’s device in reducing PM emissions,
and assess if this technology is a cost-effective way of Green Roof Mahila Housing SEWA Trust, in
reducing diesel genset pollution. collaboration with Tata Centre for Development and Energy
Policy Institute at the University of Chicago, India unit has
Another project,Charvesting, deploys charvesters that deployed cool roofing solution in a Delhi slum which
recycle rice straws into biochar with clean emissions using attempts to lower indoor temperatures and energy
the biochar reactors. It helps farmers to comply with consumption for cooling.
existing air pollution laws at minimal cost and effort,
increase soil productivity and restore depleted land. TREES AND LANDSCAPE AS SINKS OF AIR
POLLUTION
PHASING OUT BIO-MASS FUELS AND BOOSTING OF
PNG SUPPLY NETWORK The plants remove toxic pollutants from environment
by the process of phytovolatilization(pollutant is released
Air pollution is caused by burning of fossil fuels, in volatile or gaseous form), phytoextraction (pollutant is
especially for cooking, wastes, etc. This can be mitigated accumulated in harvestable parts tissue like leaf surface),
by following measures: phytodegradation (pollutant is broken down into simpler
molecular form), phyto stimulation (organic pollutants from
– Boosting of PNG Supply Network and clean-cooking soil are broken down ensuring oxygen to the rooms) and
stoves that use PNG/LPG or solar energy. phyto-stabilization (pollutant is immobilized in soil).
– The implementation of gasification technologies to
help convert waste into biomass pellets or electricity. The indoor environments also reflect outdoor air
quality and pollution. Therefore, if outdoor pollution is
DUST CONTROL reduced, there will be less PM indoors. As such, it is
necessary to sustain existing trees and increase number
Dust is a major contributor to urban air pollution.It is of healthy trees, which will reduce and regulate pollution
necessary to adopt wall to wall paving of roads, green levels. It is also necessary to plant evergreen trees which
cover, trees and shrubs and the vacuum sweeping of roads. can filter air pollutants. Plants with smaller, rough and
Dust particles can be controlled by screens, filters, flagging variegated leaves are more efficient in trapping air
machines, vacuum cleaning, humidification, sprinkling of pollutants than longer and smooth leaves.
water and artificial rain.
Interior landscape is an important aspect of pollution
GREEN BUILDINGS abatement. It is low-cost, does not require any specialised
knowledge. It can be a new frontier in making the indoor
The polluting agents found indoors are chemicals air clean and healthy.
JULY, 2019 7
CONCLUSIONS 2. Centre for Science and Environment (2013) Vehicles-Taming
Emissions Workshop, New Delhi
3. Delhi Pollution Control Committee (DPCC) Real Time Ambient
Low-carbon and sustainable development involves Air Quality Data of Delhi, India, Delhi Pollution Control
reducing emissions from transport, power and industries, Committee (DPCC). http://www.dpccairdata.com/dpccairdata/
incineration of wastes, dust, etc. Such a city is planned on display/index.php.
the principles of compact and dense development, 4. Greenstone, Michael, Rohini Pande, Anant Sudarshan, and
intelligent traffic management, transport demand Santosh Harish (2018) A Roadmap Towards Cleaning India’s
Air, India Policy Forum, 2017-2018.
management, efficient, comfortable and non-polluting public 5. Gardiner, Beth. The Challenges of Cleaning Up Cooking. The
transport, bicycles and non-motorised transport (NMT) and Ne w York Tim es . D ec em be r 2 1, 2 01 7. http s://
walk to work. As a policy, only zero polluting industries www.nytimes.com/2015/12/09/business/energy-environment/
must be allowed, besides converting coal based thermal the-challenges-of-cleaning-up-cooking.html.
power plants into CNG and renewal energy along with 6. Harvard John A.Paulson School of Engineering and Applied
smart grids and energy efficiency. Preparation of pollution Sciences (2018), Agricultural Fires Can Double Delhi Pollution
during Peak Burning Season https://www.seas.harvard.edu/
control plans at district, municipal, and local levels should news/2018/03/agricultural-fires-can-double-delhi-pollution-
incorporate low carbon transit system, zero net energy during-peak-burning-season
buildings, black hole technology of waste management 7. IPCC (2014) Climate Change Working Group III, 5 th
and smart utilities. Intelligent and smart systems viz, Big Assessment Report, Cambridge University Press, New York
Data Analytics, Supervising Control Data Acquisition 8. Jain, A.K, (2009) Low Carbon Cities-Policies, Planning and
Practice. Discovery Publishing House, New Delhi.
Systems (SCADA), ERP solutions, GIS, Integrated Digital
9. Jain, A.K, (2019) Sustainable Architecture, Buildings and
Control/ Command Centres and Satellite Surveillance are Cities, Synergy Books, New Delhi
exploited for air pollution control. 10. Modi, Narendra (2011) Convenient Action, Macmillan
Publishers, New Delhi.
REFERENCES 11. World Meteorological Organisation, (2014) WMO Greenhouse
1. Central Pollution Control Board (2018) Report on Air Pollution Gas Bulletin, Geneva
in India, New Delhi.
8 NCHF BULLETIN
URBAN GREEN INFRASTRUCTURE:
THE SMART COMPLIMENT TO SMART CITIES
Urbanisation is a phenomenon that is altering the It is recommended to plant deciduous trees so that
landscapes worldwide. The rapid, unregulated process of they will shade east-facing walls and windows in the
construction to meet the ever-increased demand for morning and west-facing surfaces in the evening hours
housing and infrastructure is leading to declining of green during summer months. Trees with mature heights of at
spaces in the cities. These open spaces and natural lands least 25 feet should be planted 10 to 20 feet east and
in and around the city intervened with the built up cover west of the house. Planting smaller deciduous or evergreen
makes up the social and ecological system that provide trees with lower limbs northwest and northeast of the
quality of life. Thus, there is need to keep this system in building will provide the afternoon and early morning shade.
balance. One such approach in that direction is the ‘Smart
City Challenge’ by Ministry of Housing and Urban Affairs, Sanitation, including Solid Waste Management: Trees
Government of India. have sequestration potential which makes them applicable
for preventing leachate to reach lower layers of the ground
Besides incorporation of smart technology being the water table at landfill and dump sites. In many cases,
thrust area for the smart city challenge, there is an equal trees (with short rotation coppice) or grasslands have been
need to restore, plan and manage the natural ecosystems successful in phytoremediation of leachate has been
in the city. It is essential to preserve the indigenous natural successful.
resources – the city forests, trees, and other open green
spaces. This green resource is a onetime investment with Efficient Urban Mobility and Public Transport: Urban
least maintenance, and which gives maximum returns in trees in streetscapes have a positive impact on air quality
the form of the ecosystem services it provides. through adsorption of pollutants by vegetation canopy,
sequestration of atmospheric carbon dioxide, reduction of
Evidence from the research in the field of urban summertime air temperatures and associated ozone
ecology highlights the expanse and magnitude of roles formation.
urban greens spaces have in the city. For example, clean
air, regulated microclimate, and storm water conservation Trees that play role in mitigating dust pollution are
are some of the services urban trees provide to the city. Ear leaf acacia, Scholar Tree, Palash, Weeping fig, Banyan
While these services have been long emphasized, there Tree, Mahua, Pongam Tree/Karanj, Peepal tree, Arjun Tree,
is a need to utilize the natural resource aptly in the course Indian Siris, Semal Tree.
of developing the city smartly.
Empirical studies have revealed the magnitude of
Following are the means of incorporating the natural the effect of trees on the microclimate. Urban parking lots
resources in the core elements of the smart city challenge with trees have reduced the surface temperature of
that will yield ecological balance in the city: pavements and asphalt by an average of 20°C. Some of
the tree species reported to reduce the air, and surface
Adequate Water Supply: Woodlands in and around cities temperature are Rosewood, Indian laurel fig, Common
act as natural watershed – trees retain rainwater/storm Bamboo, Fern tree, weeping fig, etc.
water runoff. Urban trees direct precipitation into the ground
and absorb rainfall through their roots – making them a Besides choosing the tree species for their air
precious sustainability asset in the urban environment. cleaning and cooling properties, street scape designing
with appropriate street trees for different road types should
Assured Electricity Supply (Reduction in Electric be considered. The public highway should have trees with
Power Demand): Distance from the house and proper relatively upright growth that will not require regular pruning
orientation of tree species planted nearby can make a and prevent any damaged by the passage of the vehicles.
great deal in cutting down the demand of artificial daylight Broad crowns should be considered away from the kerb
and cooling needs of the residents. Planting the suitable line and should not interfere with the utility lines overhead.
tree in the right place is the solution to conserving energy
with trees. Shade from trees decreases air conditioning Large evergreen and deciduous trees with adequate
needs and makes non-air conditioned homes more spacing and at a distane of about 3 feet from road edge
comfortable. (Contd. on Page 20)
JULY, 2019 9
MESSAGE OF THE INTERNATIONAL COOPERATIVE ALLIANCE
97TH ICA INTERNATIONAL COOPERATIVE DAY, 2019
25TH UN INTERNATIONAL DAY OF COOPERATIVES
6th July 2019
"Cooperatives for decent work"
On this year’s International Day of Cooperatives (CoopsDay) to be celebrated on 6th July, we as cooperatives
are championing our commitment to decent work.
Given today’s widening inequality, increased job insecurity, and high unemployment levels – particularly among
young people – the 2019 Coopsday theme “Cooperatives 4 decent work” wishes to support Sustainable
Development Goal (SDG) 8 “Inclusive development and decent work.”
To do this we're joining forces with the International Labour Organisation – the ILO – an organisation we've
worked with hand in hand since its inception and who this year are celebrating their centenary with a special
focus on the future of work.
We have recently reaffirmed our century-long friendship by signing a new Memorandum of Understanding
(MoU) to foster collaboration and the promotion of cooperatives as a sustainable business model to advance
inclusive and sustainable development.
With the ICA having committed itself to “respect, promote, and act diligently to support the fundamental tenets
of decent work” through its Declaration on Decent Work and Against Harassment, we also welcomed the
ILO Centenary Declaration adopted on 21st June which commits “to a world free of violence and harassment”
and gives recognition to cooperatives and the social and solidarity economy.
As cooperatives we are responsible for providing jobs or work opportunities to 10% of the world's
employed population. Beyond these numbers, different studies have confirmed that – in comparison with
employment in other sectors – cooperative jobs...
– tend to be more sustainable over time
– have a smaller gap between the lowest and highest earners, and
– are more evenly distributed between rural and urban areas.
The second International Cooperative Principle, “Democratic member control,” enables communities to own
and govern cooperatives jointly through democratic control, bringing about inclusive and sustainable growth,
and leaving no one behind. As people-centred enterprises and key development actors, cooperatives have an
important role to play in the creation of decent jobs and the social and economic empowerment of local
communities.
International Day of Cooperatives is our day to give recognition to the whole international community for the
role we're all playing in creating a better world.
As a movement of men and women we’re building a fairer economy - by putting people and their needs and
aspirations, first. We’re building a society based on our principles and values to create decent work.
Join us on 6th July 2019 as we celebrate a future in which human development and social justice are
priorities.
We are building the future of work, today!
With decent, inclusive, and sustainable work for all.
Happy International Day of Cooperatives
10 NCHF BULLETIN
LEGAL COLUMN*
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
(BEFORE HON’BLE MR. JUSTICE A.A. SAYED AND HON’BLE MR. JUSTICE A.S. OKA)
(APPEAL NO. 313 OF 2015 ALONG WITH APPEAL NO. 311 OF 2015)
JULY, 2019 11
representatives who are entitled to inherit securities The provisions relating to nominations under the
or shares under the law of inheritance? various enactments have been consistently interpreted by
(iii) Whether a bequest made in a Will executed in the Apex Court by holding that the nominee does not get
accordance with the Indian Succession Act, 1925 in absolute title to the property subject matter of the nomination.
respect of shares or securities of the deceased The reason is by its very nature, when a share holder or a
supersedes the nomination made under the provisions deposit holder or an insurance policy holder or a member of
of Sections 109A and bye-law No.9.11 framed under a cooperative society makes a nomination during his life
the Depositories Act, 1996? time, he does not transfer his interest in favour of the
nominee. It is always held that the nomination does not
Discussion and Analysis override the law in relation to testamentary [estate
The Courts have spoken on this issue earlier and the bequeathed under a will] or intestate succession [without
precedential guide is available in the judgment of the Apex making a will]. The provisions regarding nomination are
Court in Indrani Wahi vs. Registrar of Cooperative Societies made with a view to ensure that the estate or the rights of
and others, (2016) 6 SCC 440 : AIR 2016 SC 1969 : [2016] the deceased subject matter of the nomination are protected
INSC 291. The Apex Court in the said decision considered till the legal representatives of the deceased take appropriate
the provisions of nomination under Sections 69 and 70 of steps. None of the provisions of the aforesaid statutes
the West Bengal Cooperative Societies Act, 1983 (for short providing for nominations deal with the succession,
‘the West Bengal Act of 1983’). The Apex Court also testamentary or non-testamentary.
considered its own decision in the case of Sarbati Devi and The object of the provisions of the Companies Act is
another vs. Smt. Usha Devi, AIR 1984 SC 346, which dealt not to either provide a mode of succession or to deal with
with the nomination under the Life Insurance Act, 1938. After succession. The object of the Section 109A is to ensure
considering Section 79 of the West Bengal Act of 1983, the that the deceased shareholder is represented by someone
Apex Court came to the conclusion that where a member of as the value of the shares is subject to market forces. Various
a cooperative society nominates a person in consonance advantages keep on accruing to shareholders, for example,
with the provisions of the Rules framed under the West allotment of bonus shares. There are general meetings held
Bengal Act of 1983, the cooperative society is mandated to of the companies in which a shareholder is required to be
transfer all the shares or interest of such member in the represented. The provision is enacted to ensure that the
name of the nominee. This view was taken by the Apex commerce does not suffer due to delay on the part of the
Court in the light of the express provisions of Section 80 of legal heirs in establishing their rights of succession and
the said Act of 1983 read with Rule 127 of the Rules of 1987 claiming the shares of a company.
framed under the West Bengal Act of 1983. Sections 79
and 80 of the said Act of 1983 appear to be different from Considering the consistent view taken by the Apex
the provisions relating to the nomination in the Maharashtra Court while interpreting the provisions relating to nominations
Cooperative Societies Act, 1960. In the same manner as is under various statutes, there is no reason to make a
postulated under Section 79 of the 1983 Act, Rule 127 of departure from the consistent view. The provisions of the
the 1987 Rules provides, that if a nomination has been made Companies Act including Sections 109A and 109B, in the
by a member under Section 79, the share or interest or the light of the object of the said enactment, do not warrant any
value of such share or interest standing in the name of the such departure. The so called vesting under Section 109A
deceased member, would be transferred to the nominee. does not create a third mode of succession. It is not intended
to create a third mode of succession. The Companies Act
After issuing the directions to the cooperative society
has nothing to do with the law of succession.
to transfer the shares of the deceased member in the name
of the appellant who was a nominee, the Apex Court HELD
specifically observed that it will be open for other members
In view of the facts, situations and reckoning of law,
of the family of the deceased members to pursue their case
the Division Bench found no reason to take a view which is
of succession or inheritance in consonance with law. The
contrary to the view taken in the long line of decisions of the
conclusion drawn by the Supreme Court was that the
Supreme Court on interpretation of provisions regarding
cooperative society is bound by the nomination made by
nominations. The view taken by the learned single Judge in
the member. In case of such nomination, the society has no
Kokate’s case runs counter to the binding ratio in the
option except to transfer the shares in the name of the
precedents and is therefore incapable of legal support or
nominee after the death of the member. However, those
approval. The answer to first question is in negative and
who are claiming inheritance will be entitled to pursue their
third question in affirmative. The second question is
remedies and claim title in the shares on the basis of
answered accordingly. Appeal No. 313/2015 stands
inheritance. Thus, the conclusion drawn by the Supreme
dismissed while Appeal No. 311/2015 is allowed.
Court was not that the nomination binds the legal
representatives of the deceased shareholder or a member Note : Please write to NCHF Secretariat for copy of above
of the society or that it overrides the law of succession. judgment, if required.
12 NCHF BULLETIN
During FY17-19, to mitigate the margin risk, many
SNIPPETS HFC players expanded their non-housing books at a
significantly higher rate than their pure housing loan books.
HOUSING FINANCE SECTOR COMES UNDER RBI The increase in the proportion of non-housing loan book
SUPERVISION could lead to asset quality pressure amid the current
slowdown in disbursement to developers. The current
The Government has proposed to transfer the liquidity tightness in the housing finance industry has led
regulatory authority over housing finance sector to the to a large number of non-bank entities (both HFCs and
Reserve Bank of India (RBI) from the National Housing NBFCs) curtailing loan disbursements, thereby creating a
Bank (NHB) in a bid to strengthen the sector which was significant funding crunch in the sector, the rating firm
hit by payment delays and liquidity crunch. said. (THE INDIAN EXPRESS, 6TH JULY, 2019)
While presenting her first Union Budget, Finance AFFORDABLE HOUSING GETS SHOT IN THE ARM,
Minister Ms.Nirmala Sitharaman said, “efficient and WITH MAJOR TAX BREAKS
conducive regulation of the housing sector is extremely
important in our context. The National Housing Bank, In a bid to provide “Housing for All by 2022”, the
besides being the refinancer and lender, is also regulator Government announced major tax benefits in the Budget
of the housing finance sector. This gives a somewhat to help stimulate demand for the affordable housing
conflicting and difficult mandate to NHB.” “I am proposing segment, that is expected to attract first-time home buyers
to return the regulation authority over the housing finance in the country. Interest deduction up to Rs.3.5 lakhs for
sector from NHB to RBI,” the Minister said. “Necessary affordable housing priced upto Rs.45 lakhs, as against
proposals have been placed in the Finance Bill,” she Rs.2 lakhs earlier, will now be available until March 31,
said. 2020.
The HFC segment was recently rocked by the “For realising the goal of Housing for All and
payment delays by DHFL and some NBFCs. The housing affordable housing, a tax holiday has already been provided
finance sector has been facing challenges, which have on the profits earned by developers of affordable housing.
led to a contraction in spreads, a rise in funding cost and Also, interest paid on housing loans is allowed as a
an increased spotlight on their asset-liability mismatches. deduction to the extent of Rs.2 lakhs in respect of self-
Such mismatches have resulted in constrained financing occupied property. In order to provide a further impetus, I
from both market-based sources (commercial papers and propose to allow an additional deduction of up to
non-convertible debentures) and banks for many players. Rs.1,50,000 for interest paid on loans borrowed up to
March 31, 2020 for purchase of an affordable house valued
Shri Amit Wadhwani, Co-founder, SECCPL, said, “the upto Rs.45 lakhs. Therefore, a person purchasing an
Government has empowered the RBI to regulate the affordable house will now get an enhanced interest
housing finance companies which will help in quality deduction up to Rs.3.5 lakhs. This will translate into a
assessment by the lender for fear of facing scrutiny if benefit of around Rs.7 lakhs to middle class home-buyers
found indulging in improper practices.” While there are 82 over their loan period of 15 years,” the Finance Minister
HFCs in India, more than 90 per cent of the housing said. As many as 1.95 crore houses are proposed to be
finance business is controlled by the top five companies. provided to eligible beneficiaries under PMAY-Grameen,
Shri Karthik Srinivasan, Group Head – Financial Sector while another 19.5 million houses are to be built under
Ratings, ICRA, said, “with regulatory authority over HFCs PMAY-Urban between 2020 and 2022.
moving to the RBI from NHB, it would lead to greater
parity of regulations for NBFCs and HFCs.” The Minister also proposed providing capital gains
exemption from profits earned by selling residential houses
According to an Indian Ratings report, the systemic by investing in start-ups. This would be permitted only up
rise in market borrowings rate has affected the housing to March 31, 2021.
loan business. “The borrowing cost for some large HFCs
could be upwards of banks’ marginal cost of funds-based Ms. Sitharaman also noted that the completion of
lending rate (MCLR). This has led to the shrinking of houses that previously required 314 days per house in
margins in mid-to-large ticket housing loans, where banks 2015-16 had come down to 114 days since 2017.
are highly competitive. Furthermore, the ongoing
challenges in the real estate and small and medium Under Pradhan Mantri Awas Yojana - Urban, over 81
enterprise segments (loan against property customers) may lakh houses with an investment of about Rs.4.83 lakh
lead to HFCs reassessing loan growth plans, thereby crores have been sanctioned, of which construction has
putting pressure on their margins,” it said. started in about 47 lakh houses. Also, over 26 lakh houses
JULY, 2019 13
have been completed of which nearly 24 lakh houses have inaugurated at Gandhi Darshan, Rajghat. “A Gandhipedia
been delivered to the beneficiaries. is also being developed by National Council for Science
Museums to sensitise youth and society at large about
There is large-scale adoption of new technologies positive Gandhian values,” she said. While mentioning the
for construction of these houses, the Minister noted, adding progress of swchhata in urban areas, the Finance Minister
that over 13 lakh houses have so far been constructed said more than 95% of cities have also been declared
using these new technologies. (THE ASIAN AGE, 6 TH JULY, 2019) ODF. “More than 45,000 public and community toilets
across 1,700 cities have been uploaded on Google maps,
2.51 LAKH MORE HOUSES TO BE BUILT IN 10 STATES covering more than 53% of India’s urban population,” she
said. (THE TIMES OF INDIA, 6TH JULY, 2019)
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gardens, green curtains are some of the innovative ideas
that are revolutionizing the developed countries. They are
regarded as future urban gardens. The high added value
of land and lack of green space in the cities are making
such technologies suitable and useful choice for improved
quality and sustainability of the urban environment.
Safety and Security of Citizens: Studies have shown
that green space enhances perceptions of social safety.
Trees create more pleasant walking environments,
improving the likelihood of increased walking, care of the
place, association and sense of actual ownership and
surveillance of homes, blocks neighbourhoods parks, and
other municipal spaces. Green spaces create safer walking
environments, by forming and framing visual walls and
providing distinct edges to sidewalks so that drivers better
distinguish between the road and the sidewalk and prevent
any accident.
Heath and Education: Trees affect the resident’s physical
and emotional health. Contaminants in air, which are the
cause of many cardiovascular diseases and related cancer,
are removed by the trees.
Urban nature fulfils many social functions and
psychological needs of the citizens. These spaces target
all groups of people and account for their recreational
needs. There is evidence of the strong association between
quantity of green spaces (objectively measured around
residents) and mental health and all-cause mortality, and
moderate evidence for an association with perceived
general health.
(Contd from Page 9)
Thus, there should be clear space for people to
should be planted with proper pits and tree grates. In interact with nature on a regular basis. The importance of
narrow streets, columnar or upright cultivars may be green spaces at both residential and locality level must be
needed, like false Asoka. Shrubs and ground cover should encouraged among the citizens. Such interactions inculcate
be provided where possible. Annual or perennial flowering in them the knowledge about the valuable resource that is
plants may be planted in high visibility areas. Trees and urban trees and green spaces.
landscaping should include an automated irrigation system.
Complementing the core elements of the Smart City
Sustainable Environment: A Proper network of Mission with the values of Urban Green Infrastructure
‘ingredients’ that solves urban and climatic challenges by seems to be a sensible choice. The developed world is
building with nature is termed as the Green Infrastructure. making benchmark work in applying the smart technology
Parks, avenue plantation, water bodies account for making of utilizing natural resources to make the city sustainable.
the environment of the city sustainable. The urban natural We need to learn from the already developed signature
resource is a valuable municipal resource and the key cities and sites. The solutions are out there to incorporate
ingredient of city sustainability. into the planning and development. There is a need for
insightful decisions on the utilization or resources.
In context to the space crunch in old urban areas, Technological fixes don’t have to be only contemporary
renovation offers chances to increase planting spaces costly designing and makeup. Restoring and incorporating
within and in front of buildings. In densely-packed natural resources in the city can provide for quality life
neighbourhoods with poor urban green space provision, and sustainable urban environment. A small measure like
brownfield sites could become green spaces there. a right tree in the right place can go a long way.
On the contrary, green roofs, green walls/vertical (Courtesy: Builders’ Friend – May, 2019)
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