Developer vs Contractor: Who Should Control Our Land and Our Money?

For many plot holders, the biggest question today is simple: who controls our land and our money during development? This matters because land is our lifetime asset, and money comes from our own pockets. Once control is given away, getting it back is very difficult. At first glance, a developer-led model looks fast and attractive. Big promises, fixed timelines, and talk of “investment” sound reassuring. But when we read the details carefully, the picture changes. This article explains, in very simple terms, why a developer-controlled agreement is risky and why a contractor model is safer and more practical for plot holders. As the Bengali proverb says: “চকচক করলেই সোনা হয় না” — what shines from outside is not always gold.

👉 You waited for your land for more than a decade.
Waiting a little more — with control and protection — is far safer than rushing into a risky agreement.

There is no shortcut in life.
We must walk carefully to reach safely.

Stay calm. Stay informed.

The Core Question: If We Pay the Money, Why Should We Lose Control?

Let us start with a basic idea.

  • In the developer model:
    The developer says he will “invest”, owners give land, and the developer controls everything.
  • In the contractor model:
    Owners invest money step by step, and the contractor works under the owners’ control.

Here is the key truth that is often misunderstood:

👉 In Mr. Rajesh Mishra’s proposal, the claim of “₹5 crore investment” is a myth. Under the proposed agreement, plot holders are required to pay substantial amounts within 90 days. Only after collecting this money from us does the developer plan to start work—and then present that spending as his “investment”.

Ask yourself a simple question: Have we been told that the developer will first purchase the remaining land, complete demarcation, allocate plots to all plot holders, and only then—after 6 months or 1 year—ask us to pay? The answer is no.

The reality is the opposite:

  • We are asked to pay first
  • The developer uses that money to develop the project
  • And then claims that he is “investing”

In plain terms, this means:

“You provide the money, I will spend it, but I will keep full control.”

As the familiar Bengali saying goes: সবাই কই মাছের তেলে কই ভাজবে — the fish is being fried in its own oil.

What Real Developer Investment Looks Like (A Simple Example)

Imagine you own 5 katha land in a city.

  • A real developer comes.
  • He builds a flat using his own money.
  • He keeps you in a rented house till construction is complete.
  • After completion:
    • You get part of the flat.
    • He sells his share and makes profit.

👉 You invest ZERO money.
👉 The developer invests everything.

Now compare this with our situation:

  • We collectively hold around 120 bigha land, worth tens of crores.
  • We are asked to:
    • Give land control
    • Pay large sums within 90 days
    • Accept forfeiture risk

So who is really investing?
If we are paying, then we do not need a developer.
We need a contractor.

Why the Proposed Developer Agreement (of Rajesh Mishra) Is Risky

1. Land Moves Outside NCLT Protection

What it means in simple words:
The agreement asks for:

  • Joint Development Agreement
  • Power of Attorney (PoA)
  • Land purchases in the developer’s name

Why this matters:
Once land control moves to a private developer:

  • The land effectively goes outside NCLT supervision
  • Court protection weakens
  • If something goes wrong, recovery becomes very hard

NCLT exists to protect stakeholders, not to hand over control to one party.

2. Too Much Power in One Hand

The developer gets rights to:

  • Relocate plots
  • Extend project area
  • Use infrastructure meant for existing plot holders
  • Sell plots to new buyers
  • Decide timelines and sequencing

For plot holders, this means:

  • Owners become spectators
  • Monitoring committee has no real control
  • Promises depend only on trust

Control quietly shifts away from the real owners.

3. Forfeiture Risk: Miss a Deadline, Lose Everything

The agreement clearly says:

  • If payment is not made within 90 days
  • Plot is forfeited with NO REFUND

This affects:

  • Retired people
  • Middle-income families
  • NRIs with fund-transfer delays

One financial difficulty can wipe out 10–15 years of waiting.
This is punishment, not rehabilitation.

4. Refund Looks Good on Paper, Weak in Reality

Refunds are advertised, but:

  • They come after 24–36 months
  • Total refund is capped
  • It is first-come-first-serve
  • After 90 days, surrender option disappears

Many plot holders may never actually receive refunds.

5. Rising and Multiple Payments

Plot holders are asked to pay:

  • Around ₹55,000 per katha
  • Plus ₹50,000 lump sum
  • Plus 18% GST
  • Plus future escalation

Money goes upfront, but:

  • No escrow-style safety
  • No payment linked strictly to work progress

High exposure, low control.

6. Cancellation Without Fair Protection

If payments are delayed:

  • Plot is cancelled
  • Earlier money is effectively lost
  • Shares may also be forfeited

Risk is one-sided. Owners carry all the burden.

7. All Extra Costs Shifted to Plot Holders

After registration, plot holders must pay for:

  • Land conversion and mutation
  • Boundary walls
  • Shared boundary protection

Developer controls the project but avoids responsibility.

8. No Clear Exit If Developer Fails

There is no strong safeguard if:

  • Developer delays
  • Developer fails
  • Developer faces financial trouble

At that point:

  • Land control is gone
  • NCLT protection is weak
  • Plot holders are stuck

Why a Contractor (Arun Kedia) Model Makes More Sense

In a contractor model:

  • Land stays with BBCL / plot holders
  • NCLT protection continues
  • Money is collected step by step
  • Contractor is paid only for completed work
  • No PoA over land
  • No forfeiture of ownership

The contractor:

  • Builds roads, drainage, utilities
  • Gets paid for work done
  • Does not own, sell, or control land

This is simple, practical, and safer.

About “No Alternative” Fear

Some people ask:
“If not this developer, then what?”

This fear is often used to silence questions.

Once upon a time people thought India could not win without Sachin Tendulkar.
India is still winning.

Nothing is indispensable.
There are always alternatives if we keep control and think calmly.

Addressing the Fear and Pressure in Contractor (Arun Kedia) Model

  • We will not forfeit your land
  • We will not force huge payments in 90 days
  • Payments will be phased and affordable
  • Registered or unregistered, fully paid or partially paid — no one will be left behind
  • If someone cannot invest now due to financial difficulty, options will be created, not punishment

If a developer (Rajesh Mishra) says:

“If you put conditions, I will leave.”

Then the answer is simple:
Thank you for your interest. We have better options.

Final Thought for Plot Holders

You waited for your land for more than a decade.
Waiting a little more — with control and protection — is far safer than rushing into a risky agreement.

There is no shortcut in life.
We must walk carefully to reach safely.

Stay calm. Stay informed.
Awareness is our strongest protection.