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TREND MILL Saurabh Malik Step aside psychedelic Chinese lights; here come terracotta diyas and figurines with a contemporary touch. The best part: Most of these can jazz up your home & garden even post-Diwali
Even the wind chimes that augment the whisper of the nerve-soothing evening breeze, blowing soft across the backyard trees, is molded out of good earth. So folks, why are you still going in for all those synthetic psychedelic Chinese lights to brighten up your mood this Diwali? Alright, you have a point. Unlike the perishable and vulnerable-to-wind candles, the lights are easy to install, inexpensive and last long, really long. But then, they are common, and everyone knows they are "easy to install, inexpensive and last long".
Fellows, just in case you do not know, the earthen stuff has returned with a bang in the festive season of 2008. Why? Well, the potters from Bihar, Kolkata, Delhi and even Ludhiana have this time given the customary wee bit of contemporary touch. If you haven't guessed the reason, the intention is to suit your designer outlook and to make the products gel with the avant-garde environs of your new house. Right, you have on display, across the arcades in your city, lamps and other stuff that's throwing a new light on Diwali decorations. Just walk up to the roadside vendor sitting opposite the market, and you will find charming diyas you can hang near the entrance of your house to greet all the guests coming over to wish you a Happy Diwali. All you have to do is to place the wicks in the dents around the round lamp and pour some oil right into the middle before celebrating the "festival of lights" in a time-honored way. Bright, isn't it? The stuff is not very expensive either. "You can take home a nice circular hanging lamp with at least seven diyas for as less as Rs 200," says Savita, a Sector 7, Chandigarh, vendor. "The all new concept of such hanging lamps has been brought to this part of the region all the way from Delhi. This is not all. Deities molded out of papier-mâché were always there. But this time you have miniature idols of Lord Ganesha with built-in lamps all around. You can light up these diyas for an "auspicious" start to the festivities. You can get it by pulling just Rs 150 out of your wallet. The long-established diyas too have undergone a boisterous change. "You can pick up the ones with wooden finish in flowery shapes. The ones with Swastika are also on sale," says Chandigarh-based dealer Kamal Verma. "Brought from Kolkata, each one is up for grabs for just Rs 5. Then, you have diya trays and puja trays with lamps. The traditional mud-baked ones in raw finish too are available for Rs 10 a dozen." The increase in demand of the diyas and lamps has left the potters beaming. The ones in Bihar's Patna are already shaping up the soft earth to meet the explosion in the demand for earthen lamps. Rough estimates suggest small time potters are earning anywhere between Rs 4,000 to Rs 5,000. "Till recently electric bulbs and Chinese lights had affected our business adversely and the government was not paying attention to our plight," says Sham Pandit, a potter in Chandigarh for wholesale supply of the pottery products to this part of the region. "But with the old coming back to fashion, there is light at the end of the tunnel for us." Nearer home, potters in Ludhiana's Kumhar Mandi are busy making lamps for the evening puja of goddess Lakshmi and Lord Ganesha. "People tried new things, but never abandoned clay lamps," says potter Mahesh Kumar. "And now, they are going in for the stuff in a big way. No wonder, we are making nothing less than 50 varieties of earthen lamps and 150 types of idols out of Plaster of Paris". Well folks, buy the stuff not just for a cracking Diwali, but also for decking up your drawing room even afterwards.
Making the most
SOAK the diyas in water for an hour before pouring oil and let dry for about 30 minutes. This way, the baked clay absorbs water and not oil and the diyas burn longer. Whether you use mustard oil or ghee, make sure that the oil has travelled to the tip of the wick before lighting. Go on, spread the light!
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Coming Soon
KASAULI may soon breathe easy. If the Himachal Pradesh Town and Country Planning Department has its way, the quaint town could soon be out of bounds for most realtors. The department has proposed a cap on all new commercial projects -- including flats and hotels -- in the restricted cantonment town.
The latest proposal under the Kasauli Draft Development Plan aims at salvaging the delicate ecology of the town and its precincts comprising 35 villages. For the first time, the plan will restrict the height of buildings from the hitherto four plus one to two plus one, where the additional floor would be kept aside for parking. To prevent misuse of the parking floor, its height has been restricted to 2.3 metre. The proposal does dwell on the need to allow high-end and premium tourism projects such as spas, wellness and health resorts, adventure sports, nature and eco-tourism units. To ensure that no bogus projects are floated, only promoters with previous experience in the hospitality sector would be allowed. It was observed that several cases had come to the fore where realty business was being pursued in the garb of tourism projects and little could be done to curb them. The proposal has been welcomed by environmentalists, including the Society for Protection of Kasauli and its Environs (SPOKE) that has been pursuing the cause of curtailing haphazard growth of concrete structures around Kasauli. To check proliferation of concrete structures, all heavy construction in terms of land use, plinth area and number of floors has been discouraged in totality. Over the years, it was observed that such constructions sprung up wherever there was a little approach road – much in violation of Section 16-C of the TCP Act -- contributing to unplanned and haphazard development. The situation arose when plots of varying sizes and shapes were registered by revenue authorities merely on share basis without ensuring proper access to the plots. In the absence of adequate parking facility, vehicles were parked on roadsides, adding to the chaos. This had necessitated the need for effecting sub-division of land in a regulated manner. The draft, therefore, makes it imperative that the sub-registrar allows registration of lands strictly in accordance with the provisions of this development plan. As per the provisions proposed, it would be essential to introduce a mechanism whereby a committee comprising officers from revenue department, forest department, the Town and Country Planning Department would inspect sites before effecting sub-division.
Story so far
THE Y-shaped Kasauli Planning Area with a population of around 8,000 stretches 12 km along the Kasauli-Dharampur road, 10 km along Kasauli-Jagjitnagar road, 12 km along Kasauli-Jangeshu-Parwanoo road and 5 km along the Kimmughat-Kutahaghat road. Water scarcity is routine, given the gap between demand and supply. Though several water schemes have been devised to accommodate a nominal growth of rural settlements and some floating population, these fail to cater to the various com mercial projects. This is a major factor discouraging further growth of commercial
projects. Further, the unplanned ribbon-shaped growth across various roads has reduced them into narrow corridors that cannot bear the load of vehicular traffic. The situation is particularly alarming at the Garkhal junction that faces maximum traffic congestion. Interestingly, regulations in the Kasauli Planning Area were enforced only in 2006 after the Himachal High Court intervened on a civil writ petition. It had ordered a ban on all commercial constructions except those entailing expenditure within Rs 25 lakh. In the early nineties, too, the high court had to regulate constructions.
Elite only?
THE crucial question often debated by realtors is why Kasauli and its precincts should be within bounds for a chosen few. The foremost reason is its delicate ecology coupled with limited amenities, water topping the list. Since the area has limited water schemes -- barely sufficient to deal with the natural population growth in the next 15 years -- a cap on all commercial projects in the area is vital. Kasauli was initially brought under the purview of a development plan in 1991. About 26 revenue villages were included in the planning area. In 2006, nine more villages were included. However, several areas like Jagjitnagar -- which witnessed a mushrooming of palatial houses and resorts -- were initially excluded from the plan, allegedly under pressure from well-connected bureaucrats and politicians from the plains. It was only in 2006 that it was again included under the development plan.
New legislation
RECOGNISING the shoddy enforcement of the earlier plan, an enforcement mechanism has been proposed. A new legislation is being finalised to replace the existing HP Town and Country Planning Act, 1977 (Act no. 12 of 1977). Pending the said new Act, an enforcement committee has been proposed to process all proposals received for this area. It would comprise members of various departments, including the sub divisional magistrate, block development officer, tehsildar, range forest officer, assistant engineers of IPH, PWD, and electricity departments as well as panchayat pradhans and a representative of Society for Protection of Kasauli and its Environs. The department has invited objections till October 25 after which the same would be processed and the process to notify the plan would ensue.
In expansion mode
THE town registered a growth rate of just 13.79 per cent from 1991-2001. The 26 villages falling in the Kasauli Planning Area registered a growth rate of 43.1 per cent during the same period while their growth rate had hovered around the 25.08 per cent in the previous decade. Clearly, there was an exceptionally high demand among realtors for the land in the villages, which has touched a high of Rs 12 to 20 lakh per bigha.
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Tax tips
Q. My son and I jointly purchased a plot for Rs 12 lakh in June 2005 and sold the same for Rs 30 lakh in July 2008. In registry, share of investment has not been mentioned and both of us are taxpayers. Now we want to purchase residential property or a flat in Chandigarh. Please advise on the following:
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Should the flat/house be purchased jointly or can it be purchased singly (as it cannot be jointly purchased on GPA)? n
In how much time do we have to purchase the house in order to invest the capital gain and avoid capital gains tax. Do we have to purchase the flat within six months? If yes, what if cannot? n
The sale proceeds have been kept in a savings account. Is it right? Where else can we invest or keep the same for the time being? — P.S. Chopra n
The capital gain arising on the sale of a jointly held property will have to be treated as if the capital gain has arisen to each one of the joint owners in the proportion in which the property is owned by them. In view thereof, each one of you can claim the exemption from taxability in respect of the share of capital gain in case the conditions prescribed in section 54F of the Income-tax Act 1961 (the Act) are complied with. n
According to the provisions of section 54F of the Act, the net consideration arising on the transfer of a capital asset not being a residential house is required to be invested in the acquisition or construction of a residential house so as to claim the exemption in respect of the taxability of capital gain. To comply with the provisions of the above section, you will have to acquire a residential house/flat within two years of the date of transfer of the plot. The net consideration for the above purpose means the total consideration less any expenditure incurred wholly and exclusively in connection with such transfer. n
In case you are not able to purchase the residential property/flat before the date of filing the income tax return for the year in which the capital gain has arisen, the net consideration will have to be deposited in a bank account under Capital Gains Scheme. The amount so deposited can be utilised for the acquisition of the residential property within the prescribed time. It may be added that the above benefit would be available in case you and your son do not own more than one residential house other than the new residential house/flat on the date of the transfer of the plot.
Q. Thanks for your reply in these columns. Kindly clarify further: As mentioned in the reply, u/s 53 a of Transfer of Property Act, transfer is complete when there is written contract, consideration has passed and possession has been given. Now, when the transfer is complete and in case purchaser asked for execution of sale deed on government-notified rate in 2008 for flat acquired in 1995 on GPA basis followed by written contract, consideration passed, and possession given, how will the liability of capital gain tax arise u/s 50C of Income Tax Act? Kindly advise on the following point: n
Housing board flat sold in 1995 on GPA basis with agreement to sell and sale consideration received Rs 3.69 lakh. There was no capital gain as it was sold at allotment price of flat. Now, purchaser has requested to execute sale deed in 2008, which will be at government-notified rate i.e. Rs 10 lakh. Is there any liability for capital gain tax? — Deepak A.
Section 50C of the Act provides that in case the consideration received or acquired as a result of the transfer by an assessee of a capital asset, being land or building or both, is less than the value adopted or assessed by any authority of state government for the purpose of payment of stamp duty in respect of such transfer, the value so adopted or assessed shall be deemed to be the full value of the consideration received or acquired as a result of the transfer. The above section is applicable from assessment year 2003-04 onwards. Section 50C of the Act, therefore, provides for a deemed sale consideration in cases where the registration is effected at a price which is less than the value adopted or assessed for the purpose of payment of stamp duty. The agreement to sell in your case having been executed in 1995, you have a good case to argue before the authorities that in such case the above provisions should not be made applicable. As suggested in reply to the query, this will, however, acquire a decision by the stamp valuation authority or by the court.
Registration of will advisable
Q. Please refer to your answer on registration of will under the heading ‘Obtain a probate’ in the edition dated Oct 11, 2008. Amar Nath Garg has stated that the Municipal Committee was reluctant to transfer the house on his name as the will was not registered. I had read in one of the columns some time back that a will can be prepared by anyone on a piece of paper in ones own hand and need not be registered. And why should the same be signed by any witnesses? Will is entirely personal and no one should be privy to it. Please clarify giving references of any government/court order on the subject. A.
Your observations that a will can be executed on a piece of paper in one’s own hand and need not be registered are correct. In fact, such a will need not be signed or attested. However, the signatures on the will are required to be witnessed in case it is written wholly or in part by another person. In such a case, it is advisable to get it signed and attested so as to prove that the will was written under the testator’s directions. Persons who attest the signature need not be aware of the contents of the will, as they are only attesting that the testator has signed the will in their presence. The provisions for the mode of making and rules for executing wills are contained in Indian Succession Act 1925. It is correct that registration of the will is not necessary but it is always advisable to do so to prove its authenticity.
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GREEN HOUSE A tree is not an umbrella that can be opened & shut according to convenience. Reckless chopping in winter causes irreparable damage Satish Narula
THE importance of preserving the environment and protecting trees is trickling down but as of now, there are only a few friends of trees. Besides many natural hazards, ailments and indiscriminate construction, there is a ‘human pest’ that is more worrisome. Come winter and humans want trees to simply vanish to make way for the scarce sunlight. And since this is not possible – despite the advances made by science! -- their branches are mercilessly lopped off. Humans want to use trees like umbrellas – one that should open in summer and shut during winter.
The real picture of tree health of a city comes to the fore only after it is lashed by a strong wind or storm. Snapped branches and uprooted trees are a clear reflection of those in charge of their upkeep. So, what are the real causes of such apathy? It is not just a lack of concern. At times, ignorance plays a detrimental role. Take, for instance, religious places and village common places. Religious places are one of the best sources of conservation of both flora and fauna. These are the places where no one damages trees or teases animals, leave alone disturb their habitat. Out of love and reverence, the historical trees get ‘extra’ care and in order to ‘preserve’ them -- and also beautify them -- pucca structures (chabootras) are made around them. Similar is the case of village common places where old trees get such a treatment. Even in temples, marble flooring is often seen choking the main trunk as just a few inches of soil is left around it. Nothing could be more damaging for the tree. The pucca cement structure or marble flooring around the trees deprives them of air needed by the roots to breathe.
The nip in the air spells doom for trees. Most callers want some branches lopped off “because they cause shade” which, till now, was wanted. In order to get the job done by hook or crook, the braches are mercilessly chopped off with crude weapons like gandasa or axe, causing irregular cuts. Moreover, when one is through halfway cutting the heavy headed stems, it falls dragging a few feet of the bark along causing permanent damage. All injuries caused as discussed above lead to the attack of tree bore of Inderbela species that enters from the irregular ends. This not only feeds under the cover of the web formed by its own excreta, but also bores into the trunks, and hollows it from within to make its abode. It also secretes a chemical that damages conduction channels. Such trees are prone to limb breakage or uprooting. Only the use of a pruning saw to give a clean round cut can take care of this. In case you sight the pest, remove the web and it will lead you to a hole. Inject any insecticide dissolved at three to four milliliter to a litre of water and plug the hole with wet mud. (This column appears fortnightly) The writer is a senior horticulturist and can be contacted at satishnarula@yahoo.co.in
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TRADITIONAL is modish! You know it. That is, perhaps, the reason why the house you have renovated, or newly constructed with the bricks of your efforts and dreams, has an abundance of terracotta in your living room — right from urns to earthen flowerpot stands, side tables and stuff like that. 
Don't you think under these ordinary conditions it's a good idea to explode into the Diwali celebrations with William Wordsworth "back-to-nature" call; and by picking up the traditionally-modern earthen stuff?
A.
The reply to your queries follows, presuming that both of you had contributed towards the purchase of the plot that was sold in July 2008. 
— Col S.S. Gill
Tree feeders are found in the upper few inches of the soil and form a very delicate network. The marble floor gets too heated for these roots to survive. The tree, besides getting starved of air and water, loses its roots because of this heat assault. Devotees coming too near to the tree also cause unintentional physiological damage. Touching the main trunk out of reverence -- especially with oily hands after prasad -- damages the outer bark and layers beneath, thus, disturbing the food conduction channels.