High Court Observations on the regularisation of lands acquired by BDA

The High Court of Karnataka has observed that the actions regarding the regularisation or re convey of BDA Acquired properties within the BDA limits as per the new Amendment is subject to the final outcome or the order from the Court.

The Government of Karnataka proposed to regularise the properties, which are constructed in the BDA Acquired lands and went ahead with an Amendment and it was challenged in the High Court, during the hearing, the Court felt that any decision or action or regularisation or reconvey is subject to its decisions.

It might take more time for the resolution of the buildings constructed in/on the BDA acquired or notified lands.

DO NOT BUY any property which are notified by any authority, to avoid legal hassles and issues.

There are many layouts, sites, buildings and construction on many BDA notified or acquired lands across Bangalore and surprisingly have KATHA issued by BBMP and other authorities and the sellers or the owners declare that they have BBMP or other katha records and have been paying taxes and there are no issues. But, there are serious legal issues involved. The sellers and the owners assure and promise that everything is clear and the property can be registered in the Sub-Registrar Office.

Once, a land is notified by the BDA and gazetted, the land owner looses his right to sell, but uses different methodology or process to get it registered in the Sub-Registrar Offices by some property numbers, or kaneshmari numbers or municipal numbers. The Sub-Registrars cannot decline or reject the registration of such documents and it is the duty of the concerned departments to take appropriate action on such illegal activities.

KATHA AND TAX PAYMENT DOES NOT CONFER THE RIGHT, TITLE AND INTEREST, therefore, the transfer or the flow of clear titles and the compliance to the KTCP Act is a MUST.

Many FRAUD FINANCIAL INSTITUTIONS AND EVEN BANKS have financed such buildings or projects and the seller will state that this xxxxdxx bank has lent money to buy the property to convince the buyer to go ahead and buy the property.

BANK LOAN DOES NOT CONFER ANY RIGHT, TITLE AND INTEREST, unless coupled with perfect title.

Recently, during one such investigation, it was found that the BDA had notified 5 acres of lands few years back and no action was taken for a long time. The land owners created different titles and sold the property to many buyers and the entire 5 acre block is now has many residential apartments, wherein, all the banks have lent home loan for the purchase. The land owners have paid betterment or improvement charges to BBMP AND THAT IS THEIR TRUMP CARD. The most surprising fact is that they have katha, since, they have paid betterment charges and building plan is approved by BBMP. The sellers/owners/builders are claiming that BDA has no business in their property, stating that they have BBMP katha, Tax paid Receipt and sanctioned building plan and moreover, the HOME LOANS Sanctioned by the BANKS. If this matter is brought to the legal cell of the Bank, the banks have NO OPTION, will be compelled or forced to RECALL THE ENTIRE LOAN with charges.

But, the most alarming fact is that the owner was divested of his rights to sell the property, once it was gazatted or notified. This housing complexes are in prime location. There are approximately 20 to 22 mini apartment complexes with over 400 apartments. The BDA has neither deleted nor denotified the acquisition and this process must come to a logical end.