FULL PAGE NEWS PAPER PUBLICATIONS (ADVERTISEMENTS), INTERNET (ELECTRONIC MEDIA) AND OTHER MODES OF ADVERTISEMENTS ARE BEING RESORTED TO WOO AND COMPEL THE POTENTIAL APARTMENT BUYERS TO INVEST AND BUY HOMES AT LOW COST OR AT COST PRICE OR AT TEMPTING PRICES BY MARKETING AGENTS/EXECUTIVES IN BANGALORE. PLEASE CONDUCT A DILIGENT CHECK AND SCRUTINY OF THE TITLES(DOCUMENTS) APPROVALS AND THE BACKGROUND OF THE SELLERS AND THE OWNERS BEFORE INVESTING.
SOME OF THE COMPELLING STATEMENTS OR ARGUMENTS IN SUPPORT OF THE SALES CLAIM ARE:
1). WE HAVE COMPLETED xxxx MANY PROJECTS AND APARTMENTS.
2). BANKS HAVE APPROVED OUR PROJECTS.
3). WE HAVE SOLD XXXX APARTMENTS OR XXXX MANY BUYERS HAVE BOOKED OR INVESTED IN OUR PROJECTS.
PLEASE OBTAIN ALL THE DETAILS WITH DOCUMENTARY EVIDENCE REGARDING THE COMPLETED PROJECTS.
DEMAND A LETTER FROM THE BANK THAT THE TITLES OF THE PROPOSED PROJECT OR PROPERTIES ARE CLEAR AND THE BANKS WILL TAKE THE RESPONSIBILITY OF NOT DEMANDING REFUND OF THE LOAN, IF THERE IS ANY SUITS OR LITIGATION.
PLEASE COLLECT THE COMPLETE NAMES AND FULL ADDRESSES OF ALL THOSE THOUSANDS OF APARTMENT BUYERS, WHO HAVE BOOKED THE PROPERTIES.
CHECK ALL THE RELEVANT DOCUMENTS AT THE CONCERNED THALUK OFFICE, DC OFFICE, BDA/BBMP OFFICE, INCOME TAX DEPARTMENT, BMTF AND SUB-REGISTRAR OFFICE AND PLACE A PUBLIC NOTIFICATION IN THE NEWSPAPERS INVITING CLAIMS OR OBJECTIONS FROM THE CLAIMANTS OR PUBLIC.
CHECK ALL THE PERMISSIONS, LICENSES, APPROVALS, NOCS AND CONSENTS AND THOROUGHLY READ ALL THE CONDITIONS ON WHICH SUCH PERMISSIONS ETC ARE ISSUED.
CHECK ALL THE ORIGINALS BEFORE ISSUING THE CHEQUE OR CASH.
ISSUE CHEQUE DIRECTLY IN THE NAME OF THE ORIGINAL OWNER AND NOT TO ANY MARKETING AGENCY OR OTHERS. OBTAIN OFFICIAL AND LEGITIMATE RECEIPT.
A SCAM IS BREWING!!!!!!!
PLEASE BE CAREFUL AND CONDUCT DUE DILIGENT EXAMINATION AND THE SCRUTINY OF THE DOCUMENTS, APPROVALS AND COMPLIANCE OF THE PRE LAUNCH OFFERS FROM UNKNOWN, LITTLE KNOWN, DISREPUTE OR STRANGE GROUPS.
DO NOT MAKE ANY PAYMENT OR NOR GIVE ANY MONEY, UNDER ANY CIRCUMSTANCE WITHOUT PROPER AND DILIGENT TITLE CLEARANCE AND APPROVALS FROM THE APPROPRIATE DEPARTMENTS AND BODIES.
EXERCISE UTMOST CAUTION:
BUT, BUYING IT FROM WELL KNOWN AND STANDARD BUILDERS ARE RECOMMENDED.
ALWAYS PREFER THE BEST AND THE TOP BUILDERS LIKE
BRIGADE, STERLING, PURUVANKARA, MANTRI, SOBHA, TATA, GODREJ, DLF, HIRANANDANI, SHRIRAM, PRESTIGE & ADARSH etc, even, if there are any minor issues, they are capable of resolving it and fulfill their commitments and promise.
A CRUEL JOKE ENACTED ON THE BUYERS OF THE APARTMENTS AT BANGALORE:
BULLET PROOF VESTS AND PISTOLS ARE OFFERED AS GIFTS FOR THE PURCHASE OF PROPERTIES/APARTMENTS AND ADDITIONAL BONUS FREE GIFT IS LIFE LONG LITIGATION.
TODAY`S NEWS REPORT IS THE CLEAR INDICATION THAT SOME BUILDERS ARE ENGAGED IN SUCH (ILLEGAL)ACTIVITIES AND ARE FIGHTING FOR GOVT LANDS/RAJA KALUVE!!!!! SOME OF THEM HAVE ENCROACHED THE GUTTER/SEWAGE DRAIN TOOOOOOOO !!!!!!!!!!!!!!!!!!!!!
AKRAMA-SAKRAMA HAS NO PROVISION FOR LARGE SCALE VIOLATION &DEVIATION
NO PROPER ANSWERS YET!!!!!!!!!!!!!!!!!!!!!! FROM THE GOVERNMENT
THE AKRAMA-SAKRAMA WRIT PETITION IS SLATED FOR HEARING(FINAL) ON 11-04-2011 IN THE HONOURABLE HIGH COURT OF KARNATAKA.
What is the penalty for properties that have exceeded the set of violations limits prescribed under the law? AKRAMA-SAKRAMA HAS NO ANSWER TO THIS BIG QUESTION. The new amendment bill passed in the assembly concentrates only on the penalties for smaller violations. The Government could not get the ASSENT of the Governor of Karnataka.
Gross violations across the city far exceed the ones within the set limits. According to BBMP`s own rough estimates, only 7,00,000 properties our of the total 17,00,000 properties will come under the current scheme, when implemented. This is just 20-25% of the overall target of regularisation.
The deviations, violations and encroachments are so high and blatant and in some cases, the entire layout or many multistoreyed buildings must be razed. Does the Government has got the guts to go ahead and demolish? Unauthorised/illegal layouts has only 20 feet to 25 feet roads and roads are blocked. The (lands) road stands in the name of the original seller or the agriculturise. How can the Government use public funds to develop a private property or a property which does not stand in its name and authority?
What about the bigger ones that are left our? They will be asked to bring down their violations within the set limits. The exact penalty for the gross violations is still under discussion. It is still open for debate and judicial intervention. The Write petition in the High Court may reach the higher courts, if a proper order is not made or if the Government could not propose or come up with a amicable or workable solution to this complex issue.
According to BBMP officials in the revenue department, what is presently inferred from the enactment is that violators must bring down their violation to the prescribed limit. But there is no answer to what happens if they do not conform/remove or bring it down, to it.
Even the punishment for those who do not pay penalty for violations within the set limit is also not clear as the corresponding rules to the enactment are yet to be framed. Will it be disconnection of water and electricity as mentioned in the enactment?
50% to 75% of the apartments have large scale and violation and deviation. Who will bear the penalty charges? Land lords? Sellers? or the Owners(buyers)? Why should they be penalised?
Many questions goes unanswered.
Again, No answers yet from the government.
Who will be benefited by this?
Middle Class? Yes. To a certain extent?
Who else? Builders and developers ? Yes.
Land mafia? Yes. 100%.
Will this be the end? Or if the Petitioners go ahead with Revision petition? Approach full bench? or Approach other higher Courts?
In case of high-rise buildings falling within the jurisdiction of BBMP, be it residential or commercial, issue of Occupancy Certificate by the BBMP on completion of construction is a mandatory requirement under the City of Bangalore Municipal Corporation Building Bye-law 2003.
Bye-law 5.6 of the bye-law provides that every person shall, before the expiry of five years from the date of issue of license, complete the construction or reconstruction of a building. Within one month after the completion of the erection of a building, the person shall send intimation to the Commissioner in writing of such completion accompanied by a certificate in Schedule VIII certified by a Registered Architect/Engineer/Supervisor and shall apply for permission to occupy the building.
The authority shall inspect the building, including whether the owner had obtained commencement certificate as per Section 300 of the Karnataka Municipal Corporations Act, 1976, and compliance regarding production of all required documents including clearance from the Fire Service Department in the case of high-rise buildings at the time of submitting application.
Then it shall intimate the applicant within 30 days of receipt of the intimation whether the application for occupancy certificate is accepted or rejected.
In case the application is accepted, the occupancy certificate shall be issued in the form given in Schedule IX of the Bye-laws provided the building is in accordance with the sanctioned plan.
The bye-law further provides that physical inspection means the authority shall find out whether the building has been constructed as per the plan and includes inspections by the Fire Service Department, wherever necessary. Bye-law 5.7 provides that no person shall occupy or allow any other person to occupy any new building or part of it for any purpose whatsoever until an occupancy certificate to such buildings or part thereof has been granted by an officer authorized to give such certificate, if in his opinion in every respect the building has been completed according to the sanctioned plans and is fit for the use for which it is erected.
The authority may in exceptional cases (after recording reasons) allow partial occupancy for different floors of a building.
Bye-law 6 provides that (i) wherever any construction is in violation/deviation of the plan, the Commissioner may regularize such violations/deviations after recording reasons for the same, if he considers that the violations/deviations are within five per cent of
(1) the setback to be provided around the building
(2) plot coverage,
(3) floor area ratio, and
(4) height of the building and that the demolition under Chapter XV of the Act is not feasible without affecting structural stability, provided however that the:
(i) violation/deviation may be regularised only after sanctioning the modified plan recording thereon the violations/deviations and after the levy of fee prescribed by the Corporation from time to time.
(ii) Regularisation of violations/deviations under this provision are not applicable to the buildings which are constructed without obtaining any plan and also the violations/deviations which are made in spite of the same being specifically deleted or rejected in the plan.
Any prospective purchaser of a unit/s in any high-rise buildings should insist on the owner/builder furnishing an Occupancy Certificate to him/her before purchase. This is because
(a) in case the Occupancy Certificate has been issued by the BBMP, it can be safely presumed that the building constructed is in order and deviations, if any, have been regularized in legal and lawful manner or
(b) in case the Occupancy Certificate has not been obtained by the owner / builder or issued by the BBMP for any reason whatsoever in the case of a high-rise building, it could attract the consequences contemplated by the bye-laws including demolition of the unauthorized portion of construction, if necessary, by the authorities.
An important post-construction cost in connection with residential apartments is the obtaining of “Occupancy Certificate” from the Bruhat Bangalore Mahangara Palike. Only after issue of the certificate can an owner or builder is granted permission to occupy the building. The certificate is issued under the provisions of by-law 5.6 of the Bruhat Bangalore Mahangara Palike Building By-Laws 2003.
On intimation from the owner or the builder of the residential apartment complex that the construction has been completed and on his filing an application for the issue of the certificate, the BBMP authorities inspect the complex and confirm whether it has been completed in accordance with the sanctioned plan. If yes, they will recommend issue of the certificate. However, if the authorities find that deviations up to five per cent have been made from the plan, they will regularise it by levy of a compounding fee which will depend on the extent of deviation made. Once the fee is paid they will issue the occupancy certificate.
Further, the certificate will be issued only after obtaining clearances from the Fire Force Department and generally will be subject to the following conditions:
The car parking in the basement shall have adequate safety measures. It shall be built entirely at the risk and cost of the owner and the BBMP will not be responsible for any kind of damage, loss, risk etc., arising out of the same.
The owner/builder shall not add or alter the structure or a part of the structure without BBMP permission. If he does so, the BBMP has the right to demolish the deviation/altered/added portion without any prior notice.
Basement floor, ground floor and surface area should be used for car parking purpose only. Footpath in front of the building should be maintained in good condition. Rainwater harvesting structure shall be maintained in good condition for storing water for non-potable purpose or recharge of ground water at all times as per building bye-laws clause No.32(b)
If deviations have been effected from the sanctioned plan while constructing the building, the security deposit is forfeited.
The owner shall make his own arrangement to dispose of the debris/garbage after segregating it into organic and inorganic waste. He shall make suitable arrangement to transport and dump these segregated wastes in consultation with the BBMP Zonal Health Officer.
In case of any false information or pending court cases, the Occupancy Certificate shall be canceled. On default of the above conditions, the certificate will be withdrawn without notice.
During the hearing of the WP, The Honourable High Court of Karnataka observed that violation and deviation will not be permitted and questioned the Government Pleader regarding the conduct of the sub-registrars.
“What kind of sub-registrars do you have, Mr Government pleader? All of them know only Khana and Khazana. Otherwise, how could he have approved documents without there being any occupancy certificate,” the Karnataka high court said on Wednesday.
The petitioners, many of them purchasers of apartments in G M Palya near HAL, have challenged non-issuance of permanent electricity connections to them.
The high court has asked petitioners Metro Bankers enclave and its proprietors to place all the facts by January 27 if their plea for regular electricity supply is to be considered by the court.
Taking officials to task, Justice Ram Mohan Reddy said: “This court will not permit any builder to flout norms. It is not known as to how the engineer in charge, an employee of the BBMP, permitted the occupancy in the building. It is also not known as to how the apartments were sold and sale deeds registered when no occupancy certificates were issued.”