BBMP-A PRESS REPORT


BBMP proposes an amendment to the Karnataka Municipal Corporations Act, 1976

If the civic body has its way, property owners who have violated building by-laws may have to pay a hefty tax. The Bruhat Bengaluru Mahanagara Palike (BBMP) has proposed to double the property tax for owners who have deviated from the approved plan. Civic officials who turned a blind eye to the violations may be looking at jail time.

An amendment to the Karnataka Municipal Corporations Act, 1976, has been proposed and is currently pending with the State government’s Law Department. Once approved, the BBMP will identify owners violating by-laws and issue notices to them.

Speaking to reporters on Friday, G. Parameshwara, Deputy Chief Minister and Bengaluru Development Minister, said the collection of double property tax from those who have deviated from the approved plan has already been applied to all city corporations in the State, excluding the BBMP. “The thinking now is to include the BBMP, for which the KMC Act will have to be amended,” he said.

The Akrama Sakrama scheme, which is pending before the Supreme Court, allows property owners to regularise some deviations. However, the scheme does not cover violations of the approved building plan, he explained.

Tackling loopholes

Mr. Parameshwara said the BBMP had proposed a few other amendments to the KMC Act. To prevent violators of the approved building plan from getting a stay from the Karnataka High Court, the BBMP has proposed to collect 50% of the building value as a deposit before owners can approach the court challenging the notice issued by the civic body for violations. That apart, three months’ imprisonment has been proposed for BBMP officials who are found to have aided the violations.

BBMP Commissioner N. Manjunath Prasad said these measures will help bring in orderly development in the city.

BBMP has proposed to levy (penalty) of 50% of the property tax for the unauthorised structures


The BBMP has finally woken up to initiate the penal proceedings against illegal and unauthorised construction or deviation or violation of the building by-laws, by levying 50% penalty of the existing property taxes on the owners and make the concerned officials and engineers responsible for illegal, unauthorised constructions, violation and deviation from the sanctioned building plan, to put an end to the illegalities.

It is also found that many of the illegal constructions go unnoticed and if action is initiated against such violations, the violators approach the court and obtain a temporary stay and the BBMP has recommended to the Government to amend KMC Act, that in such a situation, 50% of the value of the property must be deposited with the BBMP as a prelude to approach the court for any relief.

This may act as a deterrent to the illegal constructions.

NGT Order on Buffer Zone and its repercussions


The NGT passed the order on 26-04-2016 has created confusion and the BBMP has since then, withdrew or canceled few Occupancy Certificates and Commencement Certificates issued from that date onwards and few/some projects or the buildings approved as per the prevailing bylaws, which are said to be near or close to or within the buffer zone (as per the NGT Observation) termed as           ,  and the residents or the purchasers are put into trouble.

Few Commencement Certificates and the Occupancy Certificates issued after  26-04-2016, within the purview of the NGT stands canceled, even if the BBMP had not withdrawn or canceled if they are within the said range as per the NGT Order.

CONVERSION OF `B` KATHA TO `A` KATHA IN BANGALORE


The BBMP has proposed to regularise or legitimise the B katha by collecting FEE and issuing the regular A Katha and the subject is before the Government for its approval.

There are some complications in this process.  As the subject is before the Hon`ble Supreme Court, the Government may attract serious rebuttal from the Apex Court and All the B katha sites cannot be converted into A Katha due to various other issues and even, if the BBMP regularises it, it may be difficult to sanction building plans.

Hence, it is advised to be careful before the purchase of B katha and the converted A Katha.

RAJA KALUVE ENCROACHMENT – CLEARING WORK BEGINS SOON


The Government and BBMP are seriously contemplating to revive the removal of the encroachment of raja kaluve and secondary channels in Bangalore during this monsoon to avoid hardship and flooding.

 

PAY BBMP PROPERTY TAXES ONLINE WITHIN 30-04-2018 AND AVAIL 5% REBATE


As usual, the cash-starved BBMP has announced the collection of property taxes in Bangalore with a rebate of 5%, if paid within 30-04-2018.  The tax can be paid online and also at designated various banks.

NGT pulls up civic agencies for allowing construction in buffer zone of Kaikondrahalli lake-Plan to buy an apartment near lakes ?


              The National Green Tribunal (NGT) has pulled up civic agencies including Bruhat Bengaluru Mahanagara Palike (BBMP) for allowing construction activities in the buffer zone of Kaikondrahalli lake on Sarjapura road.

NGT has also took to task BDA, BESCOM, and other agencies for giving permission for construction of buildings within the revised 75m buffer zone around Kaikondrahalli lake. The agencies have been served with notices, and the next hearing has been set for January 8.

In May 2016, the NGT had issued a direction to maintain a 75m buffer zone around lakes. For Storm Water Drains (SWD), the buffer zone is 50m, 35m for secondary SWD and 25m for tertiary SWD. Pointing this out, Saransh Jain, advocate from Namma Bengaluru Foundation,  said they noticed some violations even after the May 2016 directive. He further stated that  “BBMP has issued occupancy certificates (OC) to a 50-storeyed building that is within the buffer zone at Kaikondrahalli lake.

            NGT has asked BBMP, BWSSB, BESCOM and other agencies to give an explanation on January 4, 2018.

DOCUMENTS AND TAXES – GENERAL LIST FOR THE PURCHASE OF PROPERTIES


Transactions in immovable property are carried out by parties in properties containing the following elements:

GENERAL REQUIREMENTS

(All approvals, NOC, Licenses, Documents, Provisions, Rules, Regulations, Laws, Taxes, Charges, Fees, and Regulations are not applicable to all the properties.  Specific Requirements or eligibility or statutory documents for specific properties.)

Generic list

OWNERSHIP

Original owner.

Intermediary owners.

Promoter.

Developer.

Contractor.

Investor.

Marketing agency.

Prospective buyer.

Lending institutions.

Association of Owners.

Agreement Holder.

GPA Holder.

NATURE OF PROPERTIES

The following are the nature of properties:

Land.

Houses.

Flats/apartments.

Infrastructure.

Special amenities and facilities.

Sites.

Industrial Sheds and Lands.

Commercial Complexes.

RIGHTS

The following are the nature of rights:

Ownership.

Possession.

Leasehold rights.

Rights under a mortgage.

Easement.

License.

Lien.

SUCCESSION

There are two types of inheritance and succession:

Intestate succession i.e. by operation of personal laws.

Testamentary succession i.e. through wills.

TITLE

Three-tier legal scrutiny of titles is essential:

In the hands of the present owner.

In the hands of the prospective buyer for his benefits.

For the benefit of the lending institutions.

Issuing public notice in leading English and vernacular newspapers, inviting objections or claims, is recommended in all cases.

CHARGES AND OTHER LEVIES

1). Betterment Charges or Improvement Charges.

2). Lake Development Charges.

3). Solid Waste Charges (Municipal Area)

4). BWSSB charges or cell or penalty on buildings without OC.

TAXES

Properties attract the following taxation:

1) Gift Tax, Wealth Tax or any prevailing or applicable taxes.

2) GST (on the transfer of goods in contracts).

3) Income tax on income and capital gains.

4) Tax exemptions and deductions under special schemes for housing, economic zones etc.

5). Municipal Taxes or Property Taxes.

TAXES AND DUTIES AT THE TIME OF REGISTRATION

1). Stamp Duty.

2). Registration Fee.

MODES OF CONVEYANCE OR TRANSFER

The following are various modes by means of which any person can acquire any type of right, title, and interest in an immovable property:

  1. Direct purchase/transfer.
  2. Gift/settlement.
  3. Will/probate/succession certificate.
  4. Intestate succession and inheritance.
  5. Partition, release, family settlement, reunion.
  6. Family Arrangement.
  7. Partition among co-owners.
  8. Property as a capital contribution in a firm.
  9. Distribution of assets in a firm on reconstitution and on the dissolution of a firm.
  10. Private trust.
  11. Amalgamation, merger, de-merger and liquidation of companies.
  12. Rights and interests held through shares in companies, cooperative society etc.
  13. Adverse possession.
  14. Awards in arbitration proceedings.
  15. Orders and decrees of courts of law and other statutory authorities including Lok Adalats.
  16. By operation of various provisions of personal laws relating to Hindus, Mohammedans, Christians, Sikhs, Parsis, Jews etc.
  17. By operation of law under laws relating to other persons and legal entities including cooperative societies, other societies including mutual benefit societies and other Association of Persons.
  18. BDA sites.
  19. Land acquisition.

20.By grants were given or orders passed by Governments and statutory authorities.

  1. By a Conciliation, Order passed under section 19(v) (i) and (ii) read with Section 21 of the Legal Services Authority Act, 1977. Such an order can be passed by a High Court Judge and other competent authorities by which rights and interests between contending parties can be settled and established.

TRACING OF TITLES

The tracing of titles should begin with the tracing of the earliest documents available pertaining to the property which, probably, will pertain to the documents obtained by the first owner.

First owner: The earliest original documents, records, the order of a court or government or a statutory authority by which the rights to an immovable property is vested with the first owner.

Intermediary parties: The subsequent documents, records or orders of the type mentioned above, duly recording in a chronological unbroken sequence of legal acts, events, identifying and tracing the title in the hands of the various intermediate owners till the last owner i.e., the transferor.

Current owner: The documents of title with the current owner i.e., transferor, including the document by means of which he has acquired title and other documents like the Khatha, Encumbrance Certificate, and tax paid receipts up-to-date.

An investigation of these records must be made before a certification of these records by an advocate. The investigation is the verification of the actual existence of these records in the books/registers of the various departments mentioned above. Certification, on the other hand, is done only on the basis of records produced before an advocate on an apparent examination of the same by him.

CHARGES AND ENCUMBRANCE OF THE PROPERTY

Encumbrance Certificate

Various kinds of transactions and matters mentioned below will not be entered in Book-I maintained by Sub-Registrars and hence will not appear in an encumbrance certificate furnished either in Form 15 or in Form 16 by the Sub-Registrar exercising relevant jurisdiction. Hence, other modes of evidence and documentation are required to confirm the title. The following are the transactions and matters not included in the encumbrance certificate:

  1. Oral tenancy.
  2. Litigation in courts (Lis Pendens).
  3. Tax liabilities
  4. Unregistered mortgage by deposit of title deeds.
  5. Prior unregistered agreement
  6. 6.Oral Partition/Family Arrangement.
  1. Oral gift under Mohammedan Law.
  2. Unregistered will.
  3. Rights and interests held through partnership firms, Association of Persons, societies including cooperative societies, companies etc.
  4. Unregistered agreements, MOUs, the general power of attorney etc.
  5. Rights of third parties not directly recorded in documents.
  6. Orders and decrees of courts, statutory and tax authorities.
  7. Rights through possession, part performance, the equitable title under Section 53-A of the Transfer of Property Act, 1882.
  8. Physical Possession of the property and grounds or claims of possession.

SAFEGUARDS

Many safeguards must be taken to ensure the vesting of a clear, absolute and marketable title in the hands of the purchaser or any person acquiring any interest in the property in question in any manner whatsoever. Some of the safeguards are mentioned below:

  1. Obtain court permission for sale of minor’s share.
  2. Make all major co-parceners parties in case of Hindu Undivided Family.
  3. Ensure compliance with legal formalities by companies, other persons, and legal entities.
  4. Examine Government records, documents, and papers.
  5. Verify original documents of title and lodge the same with a common custodian in Escrow.
  6. Issue public notice through newspapers.
  7. Verify marketability of title.
  8. Make all other interested parties as parties in the transaction.
  9. Obtain confirmations and affirmations through affidavits.
  10. Obtain possession in part performance.
  11. Appropriate court action for injunctions, specific performance etc.,
  12. Resolve disputes through arbitration or through the family arrangement.
  13. Avail the benefit of other legal remedies and reliefs as provided under different transactions, different laws apply.
  14. Obtain the general power of attorney to derive powers and authority to carry out all acts in general and certain specified acts, deeds and things in relation to the immovable properties and the rights, interests, and title relating thereto.
  15. Register agreements and get attestation by Notary Public on documents.
  16. Obtain Encumbrance Certificates, tax paid receipts and certified copies of other papers and records held by statutory authorities.
  17. Verify if there are any restrictions relating to land granted including restrictions in respect of land of Scheduled Castes and Scheduled Tribes.
  18. Protect the rights or possession under section 145 of the Criminal Procedure Code from statutory authorities.
  19. Obtain Succession Certificate from the Jurisdictional Court, in case of intestate succession.
  20. Obtain Family Tree from the jurisdictional revenue authority appointed by the State Governments with powers delegated to issue the same.

* * *

Vital documents for acquiring BMP, BDA property

The following are the documents of title with respect to properties located within the jurisdiction of the Bangalore Mahanagara Palike which are to be obtained from the present owners and verified before purchase/acquisition by lease, mortgage:

Primary documents

1) Parent Deed by means of which the present owner/owners acquired title to the property.

2) Building sanction plan issued by the Chief Executive Engineer, BBMP, BDA, BMRDA or local planning authority, in case of a building constructed on the property.

Secondary documents

1) Khatha Certificate issued by the BBMP, BDA, GP in the name of the present owner/owners.

2) Khatha Extract issued by the BBMP, BDA, and GP.

3) Tax paid receipts issued by the BBMP/BDA/GP evidencing payment of taxes in respect of the property.

4) P.T. Sheet and Chalta issued by the City Survey Department containing the sketch of the property in question and its measurements.

5) Encumbrance Certificate (preferably in Form 15) issued by the Sub-Registrar exercising relevant jurisdiction over the property for a period of not less than 30 years.

6) Copy of the plan sanction issued by the BBMP/BDA/Local Planning Authority/BMRDA for the construction of a house or residential or commercial multi-storeyed building.

7) Copy of the Commencement Certificate of the BBMP/BDA/BMRDA issuing permission to commence construction of a multi-storeyed building.

8) Copy of the occupancy certificate issued by the Palike certifying that the building constructed on the schedule property is in accordance with the sanctioned plan.

9) Copy of the receipt evidencing payment of compounding fees to the BBMP or Revenue Authorities or Municipal Corporation or Town Municipal Council for regularising the deviation, if any, made from the building sanction plan.

10) Copy of the No Objection Certificate from the Fire and Emergency Services, HAL, AAI, KSPCB, BESCOM or other electricity suppliers, Water Supply (rural) or BWSSB, Coastal Area Authority(if applicable) Department.

11) Copy of the clearance to operate lifts in the building issued by the Chief Executive Engineer, BBMP, and Electrical Inspectorate.

12) Copy of the NOC/CFE/CFO/Clearance Certificate issued by the Pollution Control Board.

13) Copy of the Endorsement issued by the Director, Fire Services Department, by means of letter addressed by him to the BBMP/BMRDA/BDA or LPA stating that he has no objection to the  issuing an occupancy certificate in respect of building constructed on the property.

14) No Objection Certificate from the Airport Authority of India.

The documents mentioned in (6), (7), (8), (9), (10), (11), (12), (13) and (14) usually arise in the case of multi-storeyed buildings and large layouts.

BDA jurisdiction

The following are the documents of title with respect to properties allotted and/or sold by the Bangalore Development Authority to the present owner/owners which need to be obtained by every prospective purchaser:

PRIMARY DOCUMENTS

Allotment letter issued by the Bangalore Development Authority in favour of the present owner in respect of the property.

Possession letter issued by the Bangalore Development Authority in favour of the present owner in respect of the property, recording handing over of possession of the property to the present owner.

Absolute Sale Deed executed and registered in favour of the present owner by the Bangalore Development Authority in respect of the property after the expiry of 10 years from the date of allotment.

Building sanction plan issued by the Bangalore Development Authority where a building has been constructed on the property.

Secondary documents

Khatha Certificate issued by the Bangalore Development Authority in the name of the present owner/owners.

Tax paid receipts issued by the Bangalore Development Authority evidencing payment of taxes in respect of the property up-to-date.

Encumbrance Certificate (preferably in Form 15) issued by the Sub-Registrar exercising relevant jurisdiction from the date of allotment up-to-date.

APPROVALS/LICENSES/PERMISSION/CONSENTS/ORDERS/NOC

1). DC Conversion Order for the change of land use.

2). Change of Land Use from BDA, MUDA/BMRDA or Any other LPA.

3). Developmentpment Plan from BDA/BMRDA/LPA.

4). Sanctioned Building Plan from Municipal Corporations or TMC or GP as applicable.

5). NOC from BESCOM ( in case of Bangalore), BWSSB ( in case of Bangalore) AAI, HAL, GSI, Fire and Emergency Services, LDA, CFE and CFO from KSPCB.

6). In case of Coastal Areas, appropriate orders from Local Bodies.

7). NOC from KIADB, KHB, LAO, NH and BDA.

8). NOC Under Sec 79A and 79B, 7 and 7A and PTCL Acts. (specifically for agricultural lands)

9). RERA APPROVAL.

 

 

BANGALORE – SMART CITY – GETS RS.2,219.32 CRORES


Bangalore-The Smart City will get funds for the development
The BBMP has drawn up several projects that would help the city stand on a par with other global cities and the work may start from the end of this year, if everything is NORMAL. (Politics)

Of the Rs 2,219.32 crore earmarked for the Smart City project, Centre and Karnataka will each contribute Rs 500 crore; the remaining will come through the PPP mode, and from other agencies like BBMP, BMTC and BMRCL.

127 BBMP WARD COMMITTEES NOTIFIED


The BBMP has notified 127 ward committees, the hearing in the High Court was scheduled tomorrow, it is just a day before the High Court hearing on the matter.

It is alleged by a group that NONE OF THE COMMON MAN (CITIZENS) HAVE BEEN SELECTED AS THE WARD MEMBERS.

 

Rainy Season and the problems of low lying areas and illegal layouts-Water Pollution and Noise Pollution


Even before the onset of Monsoon, Bangalore received a good spell of rains, but the BBMP as usual was not prepared and the citizens suffered.

But, as a responsible citizen, cannot blame the system or the BBMP alone.

Illegal construction, blockage of drains, construction in the low lying areas are the main reasons for the flooding.

The revenue sites and the Converted layouts have blocked the normal flow of water in the canals, by forming illegal and unauthorised layouts and blaming the administration for their own mistake.

Water borne diseases are on the rise and the ground water is contaminated beyond repair.

All these illegal layouts discharge highly toxic sewage into the valleys or raja kaluve or in the soakpit, thus the lakes became poisonous and the ground water is highly contaminated as untreated sewage is let into the ground.  Later, the same people, drill borewell and use the contaminated water, resulting in skin and respiratory disorders.

All the social media abuzz with the dangers of water, air and noise pollution.  All these talks only on the internet and nothing useful has come out of it, till date.

Noise pollution is affecting the children, much more than the elders.  Everyday, the vehicles emit poisonous gases and ALTERED (ILLEGAL) SILENCERS AND THE SHRILL HORNS, POSE MAJOR RISK TO THE HEARING PROBLEMS.

The Police, the kspcb and the RTO have turned blind eye towards these illegal alterations and noise pollution.  The normal parameter set by the CPCB is 75db in the residential areas, whereas the vehicles, spew venom and with their shrill horns and silencers, make life miserable with 100db to 200db sound, which will make any normal human being DEAF, very soon.

BBMP-NGT- NO MORE BUFFER ZONE VIOLATION – 400 PROJECTS AT LIMBO – PRE LAUNCH- GOVINDA !!!!!!!!! GOVINDAAAAA!!!!!!


The Bruhat Bengaluru Mahanagara Palike (BBMP) and Karnataka Urban Development Department (UDD) tendered an unconditional apology to the principal bench of the National Green Tribunal on Wednesday, and undertook to withdraw with immediate effect, a circular laying out exemptions from the buffer zone ruling of the tribunal.A UDD letter to the BBMP, dated February 16, 2017, interpreting the NGT ruling too has been withdrawn. Citing the UDD communication, the BBMP had issued the circular, dated March 30, 2017, exempting projects which had already received plan approvals from the buffer zone ruling.

The department and BBMP submitted affidavits and were represented by additional chief secretary Mahendra Jain and joint commissioner Sarfaraz Khan, respectively.

Castigating the BBMP for tweaking its order on the buffer zone around lakes, the NGT had on Tuesday directed that any such attempts in future would be subjected to contempt proceedings. The tribunal also deterred the officials from interfering with the NGT judgment in future, and from using impertinent language with regard to it.

On March 30, 2017, nearly a year after NGT ordered increasing the no-build buffer zone around lakes in Bengaluru from 30metres to 75metres, BBMP issued a fresh circular reinterpreting the order. The circular had stated that the new buffer zone of 75metres for lakes and wetlands won’t apply for building constructions in layouts which have sanction from the planning authority, before the order was issued on May 4, 2016.

The green bench also noted that the intention behind the BBMP circular and legal opinion approved in the UDD letter dated February 16, was clearly to frustrate the NGT judgment. It observed that the language used in the letter and comments given on the judgment dated May 4, 2016, are unacceptable.

“The opinions expressed in the BBMP circular and UDD letter are completely contrary to the tribunal’s judgment. We wish the government on its own should take some action to show they have some respect for law,“ the green bench noted.

The tribunal told the UDD that it should know the law and that NGT is not a quasijudicial body. The NGT has been described as a civil court in the NGT Act, it pointed out.

The circular issue was brought to the notice of the principal bench in New Delhi on Tuesday, by intervener Namma Bengaluru Foundation, when it was hearing the Bellandur Lake case. The bench took exception to the circular and UDD letter, and ordered all officials connected to them to appear before it on Wednesday .

 

PRE LAUNCH- FREE BALAJI DARSHAN
 The National Green Tribunal’s Wednesday directive instructing BBMP to withdraw its circular dated March 30, 2017, that reinterpreted an earlier directive by NGT on the lake buffer zone, has left the construction industry and developers in confusion again.Many of them fear that projects in the vicinity of lakes could get stuck.

A senior member of the Confederation of Real Estate Developers’ Associations of India (Credai), Karnataka chapter, said as many as 500 small and big construction projects in different parts of the city were stuck due to confusion over buffer zone norms around lakes and storm water drains.

“There were about 200 projects which got plan sanctions when the NGT issued fresh buffer zone norms in May 2016.And there are about 300 applications that have come before BBMP and BDA after the NGT directive,“ he added.

In its March 2017 circular, BBMP had exempted projects whose plans had been sanctioned before the NGT order, from its buffer zone ruling.Many builders in the city had heaved a sigh of relief as the circular brought clarity on buffer zone norms.

“We are yet to get a copy of the Wednesday order by NGT.I do agree that we need to protect the environment but the lack of clarity on buffer zone laws has left the construction industry in confusion. If somebody has violated norms, let the agencies initiate action. At least 200 big projects (construction on 5 acres to 10 acres) are stuck due to this,“ said Suresh Hari, secretary, Credai-Bengaluru.

Questioning the practicality of the extended buffer zone norms, the Karnataka government had also joined builders’ groups ( For Mutual Benefit) to challenge the NGT order before the Supreme Court recently .

The government impleaded that various constructions and layouts spread over a total area of more than 1,000 acres are stuck due to confusion over the buffer zone.

It includes 40 applications pending approval of layouts covering 789 acres, 21 plans sanctioned by BDA and awaiting occupancy certificate covering 95 acres, and 19 plans awaiting completion certificate and spread over 49 acres.

Mahendra Jain, additional chief secretary , urban development department, said, “We have to follow the NGT directive and withdraw the March 30, 2017 circular.“

NATIONAL GREEN TRIBUNAL IS furious at BBMP buffer zone exemptions Circular by the Commissioner, stating that the NGT order does not have retrospective effect


BBMP Commissioner has issued internal circular to the Town Planning Authorities that the NGT order on the Buffer Zone will be PROSPECTIVE.  Those who have already obtained or sanctioned the building plan and other plans need not comply with the buffer zone regulation.  This act has angered the NGT.  NGT has directed the BBMP to immediately appear before it and explain this ACT by BBMP today.  Otherwise, contempt proceedings will be initiated and the concerned officials will be PUNISHED.
It is further learnt from reliable sources, that the BBMP Commissioner was advised by the LEGAL EXPERTS that the NGT order is not retrospective.  Based on their extensive and in depth knowledge, expertise and advise, the Commissioner, seems to have issued the Circular.
Taking exception to a Bruhat Bengaluru Mahanagara Palike (BBMP) circular exempting projects, whose plans had been sanctioned before the order, from its buffer zone ruling, the National Green Tribunal (NGT) on Tuesday ordered all civic officials who had approved and issued the circular to be present before it on Wednesday.

The principal bench in Delhi is hearing the Bellandur Lake case when intervener Namma Bengaluru Foundation submitted the BBMP circular dated March 30, 2017, highlighting the civic body’s apathy to the city’s lakes.

The foundation counsel accused the authorities of malfeasance in circumventing the tribunal’s directives. He also read out extracts of the urban development department letter, referred to by the circular, which stated that the NGT does not have powers to frame law.

Furious at the language of the circular, the green bench asked the Karnataka

government counsel: “By what authority have you clarified our judgment?“ The bench threatened to initiate contempt proceedings against guilty officials. The Karnataka counsel conceded that the language used was `unfortunate’.

The bench also summoned the state pollution control board, lake conservation and development authority and BWSSB officials to appear before it at Wednesday’s hearing. It directed the state to make special arrangements for their travel, if required, to get them to the court in time. The tribunal also expressed serious concern at the apathy of officials present in the courtroom regarding the quanity of sewage being treated or dumped in Bengaluru’s waterbodies.

Mahendra Jain, additional chief secretary, urban development department, who was present in court, submitted that 480 million litres per day (MLDs) of untreated sewage flows towards Bellandur lake, of which about 250 MLDs gets treated. He also said Sewage Treatment Plants of 150 MLD are being built near the lake.

When these figures contradicted figures in affidavits filed by different authorities, the officer sought time to reconcile his notes.

At a hearing last week, the tribunal had directed the state government to stop flow of untreated sewage into the lake immediately. The government was warned that an environment compensation charge would be imposed if it failed to comply with the direction. Jain appeared before the NGT on behalf of the chief secretary who had been summoned.

Questions and Queries related to Akrama Sakrama


1). What is FAR?

2). What is Setback?

3). What is height restriction?

4). What is Zonal Regulation?

5). What are the eligibility conditions of the property to apply for the regularisation?

6). How much is the scrutiny fee?

7). How much is the regularisation fee?

8). When the scrutiny fee and the regularisation fee has to be paid?

9). Who can apply for the regularisation?

10). What are the documents that are required to be submitted for the regularisation?

11). What type of properties are eligible for regularisation?

12). Will there be a check on the documents submitted?

13). Where shall I submit the application?

14). Where can I get the application?

15). Can I submit the application online?

16). What will happen, if the violation and deviation is not regularised?

17). How to reduce the deviation or violation to bring to the parameters set by the Government?

18). Who has to pay the regularisation fee? ( in case of apartments-unauthorised floor)

All the queries and questions will be answered soon through a booklet and will be widely published by the Government/BBMP soon.

For.Further Details contact the BBMP after the notification is issued.

 

AKRAMA – SAKRAMA – UPDATE – A NEW YEAR GIFT FROM THE GOVERNMENT FOR THE REGULARISATION OF VIOLATION AND DEVIATION


AKRAMA – SAKRAMA – UPDATE – A NEW YEAR GIFT FROM THE GOVERNMENT FOR THE REGULARISATION OF VIOLATION AND DEVIATION

The Government of Karnataka will notify the AKRAMA-SAKRAMA Scheme, may be from 02-01-2017 and the applications can be submitted till April, 2017.

In a bid to thwart any attempt to bring in a STAY ORDER, the Government has submitted a CAVEAT in the Supreme Court of India.

The Scheme will be enforced subject to the Supreme Court directives.

It is estimated that there are over 10,00,000 properties which have deviated from the sanctioned building plan and over few lakh sites which are in the revenue belt and DC Converted in unauthorised layouts.

B katha sites, if, eligible can regularise and the buildings with a deviation and violation of 50% in case of residential buildings and 25% in case of commercial buildings can be regularised under this scheme.

The state government on Saturday decided to invite applications from property owners for regularisation of illegal properties within the limits of the Bruhat Bangalore Mahangara Palike (BBMP).

A high-level meeting of BBMP, BDA and Urban Development department chaired by CM Siddaramaiah resolved to give four months time to the public to submit their applications for regularisation.

The state government, after resolving a few technical issues within the scheme, has finally decided to issue an official notification inviting applications from the public. Addressing media persons, Bengaluru Development Minister KJ George said, “The government has set a deadline of four months to submit applications by the public. Those properties built before 19 October 2013 are eligible for regularisation.” Elaborating further, George said, “There will not be any change in the fee structure which is based on the guidance value of the property.

All residential properties with 50 per cent deviation and commercial properties with 25 per cent deviation will be eligible to apply under the scheme.

Public can submit their applications online as well as manually at BBMP offices. Any property, which has deviation and had failed to apply under the scheme, will be mapped and mercilessly demolished after the end of the deadline.”

 

 

UNAUTHORISED LAYOUTS WITHIN BDA LIMITS – A PRESS REPORT. THIPPAGONDANAHALLI RESERVOIR ENCROACHMENT WILL BE CLEARED – MORE ZONE TO BBMP FOR BETTER ADMINISTRATION


127 unauthorised layouts identified within BDA limits

 With 127 unauthorised residential layouts being identified within the Bangalore Development Authority (BDA) limits, the government has constituted a high-level committee, headed by the Additional Chief Secretary, to prescribe guidelines for tackling them and also curb formation of new illegal layouts.

Disclosing this while replying to Janata Dal (S) member K. Gopalaiah during question hour in the Assembly on Tuesday, Bengaluru Development Minister K.J. George said the government would decide on its future course of action based on the recommendation of the high-level committee.

Though the sub-committee constituted by the BDA had decided to demolish some of the unauthorised layouts, it had not been possible to go ahead as most were fully developed in the wake of the BBMP providing khata and plan sanctions for building houses, he noted.

Though the government issued a notification for regularising the unauthorised layouts in May 2014, this had been challenged in the Karnataka High Court and the matter is pending.

To another question, the minister said 783 posts of the total 1,267 in the BDA are vacant.

Encroachments on Thippagondanahalli reservoir to be cleared

BELAGAVI: Bengaluru Development Minister K.J. George on Tuesday assured the Assembly of clearing encroachments along the catchment area as well as tankbed of Thippagondanahalli reservoir.

He also promised measures to prevent industries from releasing effluents into the reservoir, which was once a major source of drinking water for the city.

 

Increase in BBMP zones

BELAGAVI: The State government has initiated the process of increasing the total number of administrative zones in the BBMP from eight to 10 for improving efficiency, according to Bengaluru Development Minister K.J. George.

Replying to BJP member Arvind Limbavali during question hour on Tuesday, the minister said directions in this regard had already been given to the authorities concerned. A joint commissioner would be appointed for each of the zone to manage the administration, he said.

PROPERTY TAX RESURVEY BY BBMP-


A NEWS REPORT;

BBMP property tax assessment

With large properties like malls and tech parks being embroiled in ru the most number of property tax disputes in the city, the civic body has now decided to re-audit all such big properties – tech parks, malls, apartments and industrial units – for property tax assessment.

M.K. Gunasekhar, chairman, Taxation and Finance Committee, BBMP, said on Tuesday that the on-ground station survey of these properties would be completed within two months on a short-term tender. “We have decided to survey 51 shopping malls, 77 tech parks, 4,406 apartments and 4,834 industrial units,” he said.

The heart of most of the property tax suits is not a refusal to pay but an “under declaration” during self-assessment of properties. The dispute has been over the assessment of properties by the BBMP and the property owners in aspects like the tax slab, declaring parking areas and other such places, which BBMP hopes they will discover during the special drive.

“The station survey will discover multiple cases of under declaration and property tax evasion which will increase the revenue for the civic body. This will also help us settle disputes and avoid future legal disputes,” Mr. Gunasekhar said.

Such cross-verification or resurvey by the civic body is in fact mandated by the SAS for Property Tax. The SAS, when it came into force in 2000, mandated a cross-verification of 5 per cent of properties every year, which was raised to 10 per cent in 2009-10. By these standards, all the properties in the city should have been cross-verified at least once by now. However, no such systemic random sampling of properties for cross verification has been done till date.

When quizzed on the measures taken to bring those properties outside the tax net to bring into the net, Mr. Gunasekhar said that the station survey of large properties in the tax net would be followed by efforts to survey such properties as well. He further added that BWSSB water tanks and underground fuel tanks at petrol pumps will also be taxed henceforth.

BBMP collects Rs. 22 crore from November 9

The civic body has collected over Rs. 22 crore of which Rs. 12 crore in cash and the rest in cheque, demand draft and other instruments towards payment of property tax since November 9, following the demonetisation of high-value currency. “This is only marginally higher than our usual collection during this period of the year,” said Mr. Gunasekhar.

RESURVEY LIST

Shopping malls – 51

Tech Parks – 77

Apartments – 4,406

Industrial units – 4,834

There are over 4,406 apartment complexes, 90% have deviated and violated all the laws of this country and are not paying right amount of taxes.

In many apartment complexes, properties are rented out or leased, but while making property tax payment, they deliberately falsified or lied to the BBMP that it is for their OWN USE OR SELF OCCUPATION. Even such, tax evasion is under scrutiny.