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TS Start-up Model can be replicated in other States: UK Sinha Committee report

Hyderabad: Telangana State, which has several innovative and path-breaking schemes and policies under its belt in the past six years, has now been cited as a model for start-ups in the country by the Reserve Bank of India-appointed U K Sinha Committee on ‘Micro, Small and Medium Enterprise.’

The expert committee, in its report, said: “Telangana has adopted an innovative model for startups which may be assessed for possible replication in other States.” The committee explained the Telangana start-up model in detail in its report, and in their recommendations, suggested that all States replicate the Telangana Model.

The RBI had constituted this panel under the Chairmanship of Former SEBI Chairman UK Sinha. The committee submitted its report to RBI Governor in June 2019.

Union Minister Nitin Gadkari had this week stated that the Union Government would consider the recommendations of the UK Sinha committee report soon. The committee, under Sinha’s chairmanship, interacted with various stakeholders across the country and international experts as well before submitting the report. The committee also deliberated on all aspects relating to startups in India.

The panel has also been asked to propose measures for leveraging technology in accelerating growth of the sector and suggest long-term solutions for the economic and financial sustainability of the MSME sector.

Telangana has always believed in being a role model for others in the startup industry. In fact, former IT and Industries Minister and TRS working president K T Rama Rao has often used the tagline: “‘What Telangana does today, the nation does it tomorrow.”

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Water for farming, drinking top priority of TS govt: KCR

He made it clear that the government would continue to support farmers through Rythu Bandhu, Rythu Bima, free power supply and irrigation water supply, notwithstanding the expenditure

Hyderabad: Chief Minister K Chandrashekhar Rao on Thursday made it clear that supply of irrigation and drinking water remained the top-most priority for the State government. He said as the water resources in Telangana were fast depleting, lift irrigation schemes were the only option to ensure water supply to all in the State.

The Assembly approved the amendment to the Telangana State Commission for Debt Relief (Small Farmers, Agricultural Labourers and Rural Artisans) Bill on Thursday, relaxing the norms for appointment of a senior farmer or farm expert instead of mandating the appointment of a retired High Court judge as its chairperson.

Chief Minister K Chandrashekhar Rao said the government brought several reforms to make agriculture profitable for farmers. He said in the wake of depleting water resources from the Krishna and Godavari rivers, the Kaleshwaram Lift Irrigation Scheme (KLIS) and other lift irrigation projects were the only option to safeguard the interests of farmers.

“In the Gulf, governments desalinate seawater and provide drinking water to their citizens. It is a costly affair, yet it is their priority. Considering the geographical location of Telangana, we have no option but spend money on electricity to lift water from the Godavari after Krishna became unreliable,” Rao said.

He made it clear that the government would continue to support farmers through Rythu Bandhu, Rythu Bima, free power supply and irrigation water supply, notwithstanding the expenditure. Rao also said though the government has immense respect towards the judiciary, it brought the amendment for appointing a senior farmer or farm expert to head the Commission as it felt those related to farming would have a better understanding of agriculture-related issues and could empathise with the farmers. He said the decision was taken keeping in view the best interests of farmers.

Earlier, Congress suggested not to change the existing norms as a retired High Court judge had better credibility and any other person might not do justice to farmers in case of any personal agenda. AIMIM appreciated the efforts of the government for farmers’ welfare, but suggested it to reduce farm expenditure and protect the interests of farmers in the wake of the existing climatic conditions, resulting in uncertainty of produce. BJP wanted the government to provide health cover to the farmers.

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The Telangana Chief Minister is learnt to have instructed irrigation department officials to submit a report on how the two States can best utilise Godavari water.

Among the issues expected to figure during Friday’s meeting between the two Chief Ministers, who have already resolved to sort out any issue between the two States amicably through dialogue and discussion, is one pertaining to sharing of water in Krishna and Godavari rivers.

The Telangana Chief Minister is learnt to have instructed irrigation department officials to submit a report on how the two States can best utilise Godavari water. The details of the report are expected to be discussed by the two leaders.

Also on the cards is a possible discussion on new projects on the two rivers and their tributaries to make optimum use of the water for different purposes and the potential for diverting excess water from Godavari to Krishna river via Srisailam dam.

In addition to river water related issues, the two Chief Ministers are expected to devote part of their meeting to discuss unresolved issues between the two States arising out of bifurcation of Andhra Pradesh, particularly division of Rs 1.97 lakh crore worth of assets related to government companies, corporations and other institutions, listed under Schedules IX and X of AP Reorganisation Act, 2014.

Friday’s meeting of the Chief Ministers is expected to be followed by one between Chief Secretaries of the two States for follow-up action on decisions taken by Chandrashekhar Rao and Jaganmohan Reddy at the meeting.

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Basic rights that tenants and landlords need to be aware of

When it comes to rental accommodations, there are some basic rules and rights that tenants, as well as landlords should be aware of, to avoid friction. Here’s a look at some simple, yet, commonly overlooked aspects

People who live in rental accommodations, often face disputes on minor things with their landlord. It is, therefore, essential to know what your rights as a tenant are, as well as the rights of the landlord. Both parties must respect these rights, to live in harmony.

Basic things that the landlord must provide with the property

“The most basic requirements that a landlord (licensor) ought to provide to the tenant (licensee) under the common Leave and License Agreements include:

  • Accurate details of the licensed premises, such as the size of the premises, availability of car parking area, etc.
  • Willingness and cooperation to get the leave and license agreement duly stamped and registered, at the sub-registrar’s office.
  • Uninterrupted use and occupation of the licensed premises.
  • Safety and privacy to the licensee, to use and enjoy the licensed premises.
  • Clear right, title and interest, to provide the licensee with the license to use and enjoy the licensed premises.”

Tenants should inspect the apartment for defects and make a note of them, by taking a photo to share with the landlord. They should ensure that the plumbing systems (including the water pressure), electricals fixtures and other provisions in the apartment are in a usable condition. Some tenants also request that the landlord repaint the walls, before they move into the apartment.

When should the deposit be handed over to the landlord?

“The deposit is usually an advance given by the tenant to the landlord as a security, while moving into the rented apartment. The purpose of the deposit is to protect the landlord, in case of any damages or alternatively, in the event of any non-payment by the tenant. The payment period for the deposit is usually stipulated in the agreement with the landlord. The deposit is typically inclusive of administrative fees. Any grounds for deduction from the deposited, should be specified in the agreement. The deposit is returned to the tenant after the completion of the tenancy period, assuming that there are no deductions applicable,”


Who bears the cost of repairs in a rental home?

Experts believe that ideally the licensor should bear all costs arising out of wear and tear and structural damage caused to the licensed premises, on account of the monthly license fees enjoyed by them. However, most of the parties come to an understanding, whereby, the licensor bears the costs of all long-term structural damage, while regular wear and tear is borne by the licensee.


Under what condition can a landlord ask the renter to leave the property?

A landlord can ask the tenant to vacate under two conditions:

  • Eviction with a cause and
  • Eviction without a cause

\“Landlords can allow the tenant the pre-decided notice period, to look for alternate accommodation, in case of eviction without cause. In most situations, the following causes can be a reason for eviction:

  • Consistent delay in the payments received from the tenant.
  • Violation of a term or a condition specified in the agreement.
  • Illegal activities on the leased property.
  • Serious damage to the rental property.”


Increase in rental

Increase of rent is entirely up to the understanding arrived at between the licensor and the licensee. Strictly as per the law, there is no cap on such increase and the licensee must negotiate and settle on fair terms, in respect of the increase in rent.

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What is an agreement for sale?

An agreement for sale, is an agreement to sell a property in future. This agreement specifies the terms and conditions, under which the property in question will be transferred. The Transfer of Property Act, 1882, which regulates the matters dealing with the sale and transfer of house property, defines the contract for sale or an agreement for sale as under:

“A contract for the sale of immovable property, is a contract that a sale of such property shall take place on the terms settled between the parties” – Section 54. Section 54 further provides that “It does not, of itself, create any interest in or charge on such property.”

From the above definition, it becomes amply clear that an agreement for sale contains a promise to transfer a property in question in future, on satisfaction of certain terms and conditions. So, this agreement itself does not create any rights or interest in the property, for the proposed buyer.

What the sales agreement creates, is a right for the purchaser to purchase the property in question on satisfaction of certain conditions. Likewise, the seller also gets the right to receive the consideration from the buyer on complying with his part of the terms and conditions.

In case of failure of the seller to sell or hand over possession of the property to the buyer, the buyer gets a right of specific performance, under the provisions of the Specific Relief Act, 1963. A similar right is available to the seller under the agreement, for seeking specific performance from the buyer.

See also: Can RERA overturn ‘forced consent’ agreements procured by builders for changing project plans?


Supreme Court ruling on sale deed and agreement for sale

The sales agreement may or may not result into an actual sale of the property in question. Some of the stamp duty laws, like the Maharashtra Stamp Act, deem an agreement for sale of an immovable property, on the same footing as a proper deed of conveyance and therefore, are subject to the same stamp duty as is applicable on the proper deed of conveyance or sale deed of an immovable property. Due to such deeming provisions, requiring payment of stamp duty on an agreement for sale, people mistakenly perceive an agreement for sale, as a proper sale deed.

The Supreme Court of India in 2012, in the case of Suraj Lamp & Industries (P) Ltd (2) v State of Haryana, while dealing with the validity of sales of immovable properties made through power of attorney, has held as under:

“Immovable property can be transferred/conveyed only by a deed of conveyance (sale deed), duly stamped and registered as required by law. We, therefore, reiterate that immovable property can be legally and lawfully transferred/conveyed only by a registered deed of conveyance.”

“Any contract of sale (agreement to sell), which is not a registered deed of conveyance (deed of sale), would fall short of the requirements of Sections 54 and 55 of the Transfer of Property Act and will not confer any title, nor transfer any interest in an immovable property (except to the limited right granted under Section 53A of the Transfer of Property Act).”

According to the Transfer of Property Act, an agreement for sale, whether with possession or without possession, is not a conveyance. Section 54 of the Transfer of Property Act enacts that the sale of an immovable property can be made, only by a registered instrument and an agreement for sale does not create any interest or charge on its subject matter.


Consequence of failure to execute a sale deed

As per the Indian Registration Act, 1908, any agreement for transfer of any interest in an immovable property of value more than one rupee, is required to be registered.  So, if you have purchased any property under any agreement for sale, without it being followed by a proper sale deed, you do not get any right or interest in the property purported to be transferred under the agreement of sale.

This absolute rule is subject to the exception provided under Section 53A of the Transfer of Property Act. Section 53A provides that where the buyer has obtained possession of the property that is subject matter of the transfer, while fully complying with his part of the obligation under the agreement, the seller shall not be entitled to disturb the possession so granted to the buyer. It may be noted that Section 53A provides a shield to the proposed transferee against the transferor and debars the transferor from disturbing possession of the transferee, but it does not cure the title of the buyer to the property. The ownership of the property still remains with the seller.

So, in the cases where you have purchased any property under a sales agreement and got possession, the title of the property still remains with the developer, unless a sale deed subsequently has been executed and registered under the Indian Registration Act. Thus, it becomes clear that a title in an immovable property can only be transferred by a sale deed. In the absence of a duly stamped and registered sale deed, no right, title or interest in an immoveable property, accrue to the buyer of the property.

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TS will help AP build Polavaram, support SCS cause: KCR

Hyderabad: Chief Minister K Chandrashekhar Rao on Monday announced that Telangana would help Andhra Pradesh build the Polavaram project and will also take up and support the demand for Special Category Status for AP.

“Contrary to AP Chief Minister N Chandrababu Naidu’s allegations that Telangana State is trying to stall Polavaram project, I declare that we will help the neighbouring State build the project. After all, water from Godavari is flowing into the sea and we don’t want to see that go waste,” he said.

“Once the general elections are over, the TRS MPs will also take up and support the issue of extending SCS to AP,” the Chief Minister said, virtually pulling the rug from under Naidu’s feet for all the canards he has been spreading on the role of Telangana in that State’s progress.

Pointing out Naidu has only been cursing him at every election meeting, Chandrashekhar Rao said he had always believed in the ‘live and let live’ approach. “We don’t have any ill-feelings towards the people of Andhra Pradesh, nor do we grudge development in that State. There are, however, leaders like Naidu who are trying to create animosity between the people of the two States,” he said.

Stating that Telangana did not believe in politics of hatred, he said everyone should live happily and prosper. “We don’t believe in caste or religion. We don’t subscribe to selfish politics, and are proud of the Ganga-Jamuna tahzeeb that Telangana is known for,” he said.

Quoting latest surveys, the Chief Minister said the TRS would win 16 seats in the State, and YSRCP led by Y S Jagan Mohan Reddy was expected to do well in the neighbouring State. “After the elections, we will wage a battle together for the progress of both the States,” he said.

Referring to Naidu’s poser to Jagan Mohan Reddy whether Chandrashekhar Rao had whispered in his ears that he will extend support for SCS, the Chief Minister said it was not his habit to resort to such things. “We do things openly and without any fear unlike Naidu who seeks refuge in the dark for his nefarious activities,” he said.

The AP chief minister, of late, has been referring to Jagan’s assertions at his meetings that the TRS had assured him of the party’s support for SCS, and that the two parties would work together to bring pressure on the Centre for the SCS

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Black money from Hyderabad’s realty for poll funding

Hyderabad: The spate of cash seizures carried out by the police in coordination with flying squads ahead of the Lok Sabha elections has a real estate twist to it, say police sources.

The black money earned through the booming real estate business in the city and its suburbs was being diverted to fund candidates during the elections. It was found that cash in the denominations of Rs 500 and Rs 2,000 notes were transported in cars and trains for distribution among voters, sources said.

According to a senior police official, there is more scope for black money in real estate as most realtors would insist on buyers to pay a major portion of the amount in black with the remaining in white. The black money that was earned through the sale of plots and flats was being used during elections.


For politicians in Andhra Pradesh, Hyderabad has become a major source of money for funding during elections. It is a known fact that a majority of politicians from AP established real estate companies and did brisk business by selling swanky flats and duplex houses on the IT corridor in Madhapur and Gachibowli, apart from the busy areas of Kukatpally, Miyapur, Nizampet, Dilsukhagar and Kothapet, among others.

The same politicians were striving hard to transport money for election funding in AP, an official said. But, Income Tax (I-T) Department officials said no one was willing to claim the seized money fearing payment of high fines under the amended I-T Act. Under Section 271 AAC of I-T Act, a person possessing unaccounted money will have to pay a tax of 103 per cent, which would be three per cent more than the seized amount.

The classic case in point is the recent seizure of Rs 2 crore at Hitec City railway station in Madhapur on Wednesday night following the arrest of N Sri Hari and A Pandari, both office assistants in Jayabheri Properties. The cash stacked in two bags was supposed to be delivered to Rajahmundry MP M Murali Mohan, who was to distribute it to voters. In another case, three persons reportedly associated with real estate business were also caught by the
Osmania University police at Tarnaka for transporting Rs 49 lakh.

Special teams to control the flow of cash

The Telangana police have constituted special teams to control the flow of unaccounted cash through air, rail and road in view of the elections on April 11.

Flying squads, static surveillance teams and Income Tax (I-T) Department surveillance teams have already launched a crackdown on those transporting cash illegally. The main focus was laid on the borders between Telangana and Andhra Pradesh to prevent flow of cash from Hyderabad to AP, where elections for State Assembly and Lok Sabha would be conducted simultaneously.

The I-T Department has deployed a separate team at the Rajiv Gandhi International Airport (RGIA) in Shamshabad to keep a tab on the flow of money. As on April 6, the Police and I-T Department seized Rs 41 crore (Rs 41,04,71,113 ) during separate searches conducted across the State.

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Yadadri plan to include urban and special development zones

Popular temples in Telangana got a big boost in 2018-19 budget that was presented in Assembly and Council on Thursday.  A huge Rs 550 crore has been allocated for development and giving makeover to five noted temples. Yadagirigutta Temple Development Authority (YTDA) got a major chunk of Rs 250 crore funds. In the previous budgets, YTDA was given Rs 100 crore each year, but this time the quantum was increased.

G. Kishan Rao, YTDA vice-chairman and chief executive officer, thanked the government for increasing budget allocation.  He said that they requested government to hike the amount and it was duly taken care of.  It may be mentioned here that Chief Minister K.Chandrashekar Rao is personally taking interest in makeover of Yadadri temple, which he wishes to transform along lines of Lord Balaji temple in Tirumala. In the rest of the allocations, Vemulawada Temple Development Authority was given Rs 100 crore, Bhadrachalam Temple Development Authority got Rs 100 crore while Basar Temple Development Authority and Dharmapuri Temple Development Authority Rs 50 crore each.

During his visit to Adilabad district few weeks ago, K.Chandrashekar Rao pledged Rs 50 crore fund in budget to Basar Temple. The objective is to give a big fillip to popular piligrimage centre that is flocked by devotees from states like Telangana, Andhra Pradesh, Maharashtra etc. for performing prayers to Godess Saraswati. C.S.Rangarajan, heriditary priest in the famous Chilkur Balaji temple appreciated KCR for giving top priority for development of temples in Telangana.

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GST on under-construction flats slashed to 5%, affordable housing to 1% with affect from April 2019

The GST Council has reduced the GST rates for under-construction flats and affordable housing to five per cent and one per cent, respectively and also increased the carpet area of flats under affordable housing

To boost demand in the real estate sector, the GST Council, on February 24, 2019, slashed tax rates for under-construction flats to five per cent and affordable homes to one per cent, effective April 1, 2019. Currently, the Goods and Services Tax (GST) is levied at 12 per cent with input tax credit (ITC) on payments made for under-construction property or ready-to-move-in flats, where the completion certificate is not issued at the time of sale. For affordable housing units, the existing tax rate is eight per cent.

Briefing reporters after the 33rd meeting of the GST Council, finance minister Arun Jaitley said the consumers felt that the benefits of ITC were not being passed on to them by the builders and hence, a group of ministers (GoM) was set up to suggest changes in taxation on real estate. The finance minister said that currently GST is levied at 12 per cent on normal residential houses and 8 per cent on affordable homes, after considering one-third abatement on account of land cost. The Council has decided that after removal of ITC, the rates will be 5 per cent for normal housing properties and 1 per cent for affordable housing, he said.

To ensure that the real estate sector does not go back to being cash-driven, on account of removal of the ITC, Jaitley said the builders will have to purchase a ‘very high percentage’ (which will be decided by a committee) of their inputs from GST-registered dealers. The reduction in rates will give a boost to the Housing for All mission and fulfil aspirations of the neo-middle class, he said.

The Council also expanded the definition of affordable housing for the purpose of availing of GST benefits, to those flats costing up to Rs 45 lakhs and measuring 60 sq metres carpet area in metros (Delhi-NCR, Bengaluru, Chennai, Hyderabad, Mumbai-MMR and Kolkata) and 90 sq metres carpet area in non-metros. “We have adopted twin definition of affordable housing, on the basis of carpet area and cost. We have expanded the definition of affordable housing, so that aspiring people can buy slightly bigger (houses), so 60 sq metres carpet area in metros and 90 sq metres outside the metros, which approximate translates to a two-bedroom house in a metro and a possibly three-bedroom house in non-metros. This will come into effect from April 1, 2019,” Jaitley said. For GST applicability on affordable housing, currently there is no valuation threshold and the calculation of carpet area varies from project to project.

With regard to those properties where construction work has already begun, Jaitley said a committee of officers will draft the transition rules and frame guidelines. “The fitment committee and law committee, by March 10, 2019 will draft those guidelines and immediately place before the GST Council, which will meet via video conference so that ministers do not have to travel to Delhi in election period,” he said. To ensure that the real estate sector does not go back to a cash economy and to fix the accountability of back supply chain, a very high percentage of goods will have to be procured from GST-registered dealers, Jaitley added. “For that back chain, a condition will be put that a very high percentage of purchases to avail of this, will have to be from registered dealers. The GoM has proposed 80 per cent. Whether it is 80 per cent or more, the group will reconsider it and present before the Council,” he said, adding this will ensure that the back chain does not go to a cash-based system.

West Bengal finance minister Amit Mitra, however, flagged issues with respect to the provision that a certain percentage of goods have to be procured by a builder from a registered dealer. “The industry is going through bad period, (it) should get stimulated but with these complications, they will be caught in inspector raj, they will be caught in hawala,” Mitra said.

Jaitley further said the officers’ committee will also discuss suggestions of states, with regard to those apartments where there are commercial spaces and shops. The committee will look into whether it should be permitted and if allowed, then, how much percentage. GST is not levied on buyers of real estate properties for which the completion certificate has been issued at the time of sale. “This decision is certainly going to give a good boost to the under-construction apartments, because people were otherwise waiting for them to get completed and that was also stopping the money flow into the real estate sector,” he said.

– Inputs from PTI

Update on February 20, 2019: The GST Council has deferred a decision on tax rates on real estate till February 24, 2019. Briefing reporters after a meeting of the GST Council on February 20, 2019, finance minister Arun Jaitley said that with regard to the Goods and Services Tax (GST) rate on under-construction housing properties, since certain states wanted physical meeting for this agenda, hence, the Council would meet again on February 24 to take a decision.

Update on February 1, 2019: Unfortunately, the Interim Budget 2019 has not reduced GST rates on homes. The interim FM Piyush Goyal shared that the GST council is awaiting recommendations from the council of ministers, to take a final call on the same.

Update on January 10, 2019: No change in GST rates for real estate. Though the industry was hoping for a revision in GST rates for under construction houses, in the January 10, 2019 session of the committee, differences of opinion came about on including real estate under the Goods and Services Tax. So, the council decided to form a seven-member group of ministers to deliberate further.

Update on December 22, 2018: While the real estate sector was hoping for a downward revision or reduction in GST rates for under construction houses, the committee has maintained the status quo on GST rates for the real estate sector. However, industry experts are hoping for a revision in GST rates for under construction houses, in the January 2019 session of the committee.

The GST Bill was approved in the Lok Sabha on March 29, 2017 with four supplementary legislations- The Central GST Bill, 2017; The Integrated GST Bill, 2017; The GST (Compensation to States) Bill, 2017; and The Union Territory GST Bill, 2017.

At the debate preceding the passing of the bills, finance minister Arun Jaitley said the GST, which will usher in a uniform indirect tax regime in the country, will make commodities ‘slightly cheaper.’ “Today, you have tax on tax, you have cascading effect. When all of that is removed, goods will become slightly cheaper,” he said. On why the GST Council has decided on multiple GST rates, Jaitley said one rate would be ‘highly regressive as hawai chappal and BMW cannot be taxed at the same rate.’

Intent of the GST

The GST will subsume central excise, service tax, VAT and other local levies to create a uniform market. GST is expected to boost GDP growth by about 2 per cent and check tax evasion. States will have to pass their State GST or SGST law that will allow them to levy sales tax after levies like VAT are subsumed.

Tax structure under the GST

In the GST Council meeting held on February 24, 2019, the decision was made to cut tax on under construction residential houses to 5 per cent, from 12 per cent. It was also decided to slash the GST rate on affordable housing, to 1 per cent from 8 per cent, as per Finance Minister Arun Jaitley. These changes are applicable from April 1, 2019. As per industry experts, the elimination of input credit tax benefit may hit profitability for the supply side; however, the potential demand generation as a result of this move will outweigh any possible negative aspects, leading to greater sales numbers and revenues.

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KCR promises to scrap GO 111 on catchment areas

KCR promises to scrap GO 111 on catchment areas

Addressing a public meeting at Chevella, he said that GO 111 was redundant as the two reservoirs on the city’s outskirts were no longer sources of drinking water for the people of Hyderabad.

In an announcement that would bring cheer to farmers on the city’s peripheries, Chief Minister K Chandrashekhar Rao on Sunday promised ryots in the catchment areas of Osmansagar and Himayatsagar that the Government Order (GO) No 111 of 1996 will be scrapped once the TRS comes to power again.

Addressing a public meeting at Chevella, he said that GO 111 was redundant as the two reservoirs on the city’s outskirts were no longer sources of drinking water for the people of Hyderabad. “The city is getting water from both Godavari and Krishna rivers,” he said.

The GO prohibits industries, major hotels, residential colonies and other establishments that generate pollution in the catchment areas of Himayatsagar and Osmansagar, extending up to 10 km from the Full Tank Level (FTL) of the water bodies. The Chef Minister said farmers in the area will get good price for their lands once the GO is scrapped. Chandrashekhar Rao, in the same breath, cautioned the farmers not to dispose of the lands in their possession.

He said he will come out with a new GO after scrapping the existing one after the December 7 elections, and sit with the people from the constituency to address their problems.