SUPREME COURT ORDERS ENQUIRY INTO THE ALLEGATIONS ON K.SHIVRAMA KARANTH LAYOUT- FINALLY THERE WILL BE ANOTHER LAYOUT


The Apex Court of India said that The Karnataka government and the Bangalore Development Authority are responsible for the mess in the city,  as it directed them not to drop acquisition of about 650 acres of land for the Dr. K Shivaram Karanth Layout.

The Apex Court further ordered an expeditious enquiry by the retired high court justice of Karnataka, Justice Keshavanarayana to submit the report and find out the officials involved in the denotification.

at last Dr K. Shivarama Karanth Layout will be a reality soon.

All the lands notified will be thoroughly scrutinised and a report will be submitted within 3 months to the Supreme Court and the Apex Court may take a decision of forming the layout.

 

ECO PACK ARTICLE IN 2014

Shivarama karanth layout land acquisition notification quahed

The Karnataka High Court on Wednesday declared that the preliminary notification, issued by the Bangalore Development Authority (BDA) in 2008 to acquire land for the formation of Dr. Shivarama Karanth Layout, has “lapsed” as it was not implemented for several years.

Justice A.S. Bopanna passed the order while allowing petitions filed by land owners T. Ashwath Narayan, S. Rama Reddy and others from Ramagondanahalli and Veerasagara village of Yelahanka hobli. The BDA had on December 30, 2008 issued the preliminary notification identifying 3,546 acres of land situated between Doddaballapur and Hessarghatta roads to form 18,975 sites.

The court declared that the acquisition process, in so far as it relates to the land of the petitioners is concerned, has “lapsed” as the BDA had neither declared the scheme for acquisition nor issued final notification for acquisition even after five years and 11 months.

The acquisition has “lapsed” due to non-implementation of the plan within a “reasonable” period.

The land owners had complained that they were deprived of peaceful enjoyment of their properties in view of the preliminary notification and failure of the BDA to consider their objections against acquisition even though they had submitted their objections soon after issuance of the preliminary notification.

Though the Chief Minister has announced that the Government would scrap its decision to acquire land for forming Dr Shivaram Karanth Layout, the Bangalore Development Authority (BDA) is planning to initiate the process to obtain the government’s permission to issue a final notification for acquiring land for the layout.

An official said, “The State government has not issued any written order to the BDA to scrap the decision to form the layout. Moreover, courts have held in some cases that government agencies should complete projects within seven years of issuing preliminary notification to acquire land. If the land acquisition process is delayed further, we might have to face a lot of legal hurdles. Therefore, we are planning to issue a preliminary notification after obtaining the State government’s permission.”

In 2007, the State government had announced that it would form five layouts – Nadaprabhu Kempegowda Layout, Dr Shivaram Karanth Layout, S Nijalingappa Layout, D Devaraj Urs Layout and K C Reddy Layout – around the city to allot 1.76 lakh sites to those willing to buy them.

In pursuance of the government’s order, the BDA has issued preliminary notification to acquire 4,814 acres and 15 guntas for Nadaprabhu Kempegowda Layout in May 2008 and 3,546 acres and 12 guntas  between Doddballapur Road and Hesarghatta Road for Shivaram Karanth Layout in January 2009.

In due course, the BDA issued a final notification for Kempegowda Layout and held a series of discussions with the land owners to fix the compensation for the land and agreed to pay a compensation ranging from `80 lakh to `1 crore per acre of the land besides giving one incentive site. The BDA also offered to give 40 per cent of the developed land for those who did not want the monetary compensation. The BDA issued the final notification for acquiring the land for Kempegowda Layout towards the end of 2009.

As land owners had filed over 12,000 objections to the acquisition of land for the Karanth Layout and held series of protests, the BDA did not proceed with the acquisition process. In June 2013, the Chief Minister had told the protesting land owners that the government would scrap its decision to form Karanth Layout and abandon the land acquisition process.

 

 

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.

NEW ROAD FROM MYSORE ROAD TO MAGADI ROAD – A BDA PROPOSAL


The Bangalore Development Authority (BDA) has finalised a project to construct a six-lane road which connects Mysuru and Magadi Roads through Kempegowda Layout and is expected to submit the proposal to the State Government soon and  the project might be completed in 18-24 months.

The six-lane road will be constructed from Mysuru Road located at one end of Kempegowda Layout to Magadi road. A portion of the road — around 10.7 km — will be taken up as an arterial road at an estimated cost of Rs 350-370 crore. This road will have two-lane service road on the both sides and around 320 acres of land may be required for the completion of this project.

The proposed road will put a curb on the entry of heavy vehicles into the city.

After the construction of the connecting road, two sides, along the road, will help take up business activities. For the purpose, about 250 acres of land has been identified in five different places. Information technology companies and industrials units will be established under the Public Private Participation (PPP) model.

CAG RAPS BDA ON BUILDING PLAN VIOLATION – CAG REPORT – A Press Report


CAG: BDA overlooked change of land-use plan by developer

The CAG statement comes in the backdrop of BDA’s lapses in sanctioning building plans for Prestige Augusta Golf Village project in Vaderahalli village, east Bengaluru, which involves development of 460 luxury villas and twin houses spread over 104 acres designed around a nine-hole golf course. In its second instalment on the general and social sectors, the CAG report said the project, initiated in 2013, is facing demolition owing to the BDA’s failure to consider the general power of attorney (GPA) before sanctioning the detailed building plan that resulted in deviation from the approved development plan.
The Comptroller and Auditor General (CAG) has slammed the Bangalore Development Authority for its failure to monitor compliance with building bylaws, especially involving large projects, and said it has resulted in the exploitation of unwary buyers. The audit report placed in the assembly on Monday said the BDA must continuously ensure bylaws are followed. “Failure to do so may result in severe losses to the buyers since BDA may subsequently deny occupancy certificates or demolish the building as those would be illegal structures,” it added.

According to the report, the BDA, in December 2016, issued notice to Prestige Developers seeking reasons for contravening the scope of the development plan approved by the authority. Since the reply was unsatisfactory, it directed the builder to stop work and remove the structure constructed while recallig the sanctioned plan. By then, the developer had developed, ad vertised and sold some residential units in the agricultural land zone to prospective owners violating the norms stipulated in the zoning regulations of the Revised Master Plan 2015 for Bengaluru. As per the regulations, if the land is more than 40 hectares, golf course along with ancillary units like administrative office, guest rooms guest houses and dining facilities may be permitted for housing the staff of government, semi-government, public and private limited for short duration.

The back story

In 2012, owners of Survey Nos 27 to 42 and 56 of Vaderahalli village applied for conversion of land use from agricultural to nonagricultural for the development of golf course and ancillary units. The then deputy commissioner, Bengaluru Rural district, gave the approval on the condition that the land would be used for the intended purpose and construction would be undertaken after obtaining approval from zonal development authorities.

The owners applied to the BDA for sanction of non-residential development plan and it was approved on January 21, 2013 for a golf course and ancillary units. The report said that BDA issued the work order on June 28, 2013 after the land owner entered into a development agreement with Prestige Developers to develop the property and for its sale after executing a GPA in favour of the developer , empowering him to sell, lease, mortgage, exchange or otherwise 67% divided and or undivided share in the land.

“The GPA was submitted along with other docu ments to BDA prior to seeking sanction for the detailed building plan. Despite possessing the GPA, which altered the scope of the development plan sanctioned, BDA sanctioned the detailed building plan for construction of golf course with 460 guest houses on remittance of prescribed fees and charges,” the report said.

 

 

BELLANDUR LAKE FIRE AND POLLUTION – NGT TAKES UP THE ISSUE


The National Green Tribunal (NGT) has suo motu issued notices to all the agencies involved in the upkeep of the heavily polluted Bellandur lake following the most recent outbreak of fire. The matter is listed for Wednesday and NGT has asked for a plan of action from the agencies regarding controlling pollution in the lake, sources said.

The Bangalore Development Authority (custodian of the lake), the civic body (in-charge of storm water drains and alleged to have failed to check the dumping of waste into the lake), BWSSB for letting in untreated sewage into the lake, KSPCB and KLCDA in-charge of lakes in the city, have been served notices.

 

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.”

 

 

A – KATHA, SANCTIONED PLANS – THEN WHY AND HOW CAN THE BBMP DEMOLISH THE BUILDINGS?


OBTAINING OR  GETTING A KAHTA  OR REGISTERING THE PROPERTY WITH FALSE REPRESENTATIONS – FABRICATED OR FORGED OR FAKE DOCUMENTS – FORGERY – MISREPRESENTATION OF FACTS – FRAUD – IS A PUNISHABLE OFFENCE.

Every day, Everyone is talking about the DEMOLITION OR RECOVERY of the Government Lands.

The DC Conversion order is clear and states that the holder of the conversion order or the land lord is not EMPOWERED TO bifurcate or carve a layout without the approval of the planning authority and the most important clause is that, in the event, the documents submitted or statements provided are false, fake, forged, fabricated, bogus and the facts misrepresented in the application submitted for the change of land use (D C Conversion) then the DC Conversion order stands automatically cancelled without notice.

Furthermore, the final condition of the DC order clearly states that in the event of any NON-COMPLIANCE of any of the conditions of the order, the order stands cancelled without the issuance of a notice and the Government will remove the structures or the buildings constructed on such properties and collect the demolition charges from the owner or the landlord as revenue arrears.

All the development plans, approvals, NOC`s, building plans sanctioned has the same clause as above.

Even, without saying, if any document is fake, bogus, forged or fabricated, all the licenses, approvals, NOC`s, consents and permissions STANDS CANCELLED WITHOUT FURTHER NOTICE and the authorities have the power to initiate appropriate criminal and civil proceedings against such perpetrators.

DOES ANYONE KNOW THAT THEIR TITLES ARE PERFECT AND THE STATEMENTS OR REPRESENTATIONS ARE TRUE?

COMPENSATION:

Must be paid to the poorest of the poor, who had been cheated by the seller.  The government must initiate action and bring the culprit to the book.

 

BBMP AND BDA OFFICIALS BOOKED


The Government under the stewardship of tough Chief Minister has booked the erring and erred BBMP and BDA officials, who are still working and the retired for permitting or sanctioning the building plans on Raja Kaluve and lakes.

A news report:

CM suspends 13 BBMP officials who ‘let encroach-ments happen’; another seven who have already retired face action too

After razing the illegal structures built upon storm water drains in the city, the axe will now strike on officials who allowed these encroachments to take place. And to start with, the state government has identified 20 officials who allegedly colluded with realtors to illegally take up drain space.

The report prepared by additional chief secretary (urban development department) Mahendra Jain was tabled before chief minister Siddaramaiah on Monday.

ources from within the chief minister’s office confirmed that a recommendation had been made for immediate suspension of these officials and for the filing criminal cases against each of them.

Of the 20 officials named, five belong to the Bangalore Development Authority (BDA) and the remaining are from the Bruhat Bengaluru Mahanagara Palike (BBMP). Seven have retired.

“Diversion of the storm water drain was the main reason for south Bengaluru getting flooded. Avani Shringeri Layout, Duo Enclave, Shubh Enclave, Central Excise Layout, Silk Board junction and KAS Colony were among the worst hit,” said an officer, who was part of the investigative team.

A source in the CM’s office said: “We have received the report from the urban development department. The immediate suspension of these officials, launching criminal prosecution and disciplinary inquiry against them is being recommended.”

BDA officials have been held responsible for issuing development plan for builders to take up the project, which also got the nod from their legal department,
explained an official in the know. “The BBMP officials were held responsible for granting permission to take up construction (building sanction plan) and then issuing commencement certificate, and at a later stage, the occupancy certificate, after inspecting the spot and still failing to see the violations,” said the official.

An excerpt from the report reads, “Nala was diverted sharp at 90 degree angle at two places to accommodate a few buildings. These buildings were found at the edge of the Nala.” The properties belonging to EAPL Sri Tirumala Splendor, Ansal Forte, and an individual named Vivan, among others, have been held responsible. All these properties are located near Silk Board junction and close to the Madiwala Lake.


1 SC Karigowda – town planning member (retired), BDA

2 GJ Nayak – town planning member (retired), BDA

3 D Satyanarayana – Engineer member (retired), BDA

4 MN Shankar Bhat – lawofficer, BDA (retired)

5 Guruprasad – BBMP assistant engineer

6 Shashidhar – BBMP assistant executive engineer

7 BT Mohan Krishna – then deputy director, town planning (south)

8 Govindraju – then joint director (south), now chief engineer (west)

9 Chowde Gowda – additional director, town planning (retired)

10 K Veerandranath – retired additional director, BBMP town planning

11 Mohammad Abdulla Azeem – asst exec engineer

12 G Gurumurthy – assistant exec engineer, town planning

13 Vijaykumar D Patil – assistant director, town planning

14 DS Sarvotham Raju – assistant executive engineer

15 S Mrithyunjaya – assistant engineer

16 T Nataraj – joint director, town planning (north)


17 Sunita – assistant engineer

18 Gangappa- assistant executive engineer

19 Liakath – assistant executive engineer, town planning

20 Munikrishna, BBMP chief engineer (retired)

ACTION-

K Veerandranath – additional director, BBMP town planning (retired)

Mohammad Abdulla Azeem – asst exec engineer

G Gurumurthy – asst exec engineer, town planning

ALLEGATIONS

All three officials during their tenure allowed KJ Vivan, owner of the survey No 10/3, to construct an apartment by violating the village map. The said survey falls under Nyanappanahalli village of Begur Hobli near Bannerghatta Road. These officials did not pay attention to the buffer zone of the storm water drain and sanctioned the plan.

ACTION TO BE TAKEN

Veerandranath, who’s retired, faces action under Section 214 of KCSR 1957 rules as also a criminal case. The BBMP commissioner has been empowered to file the criminal case.

Azeem and Gurumurthy, both from public works departments who were working at the BBMP on deputation, have been suspended and a departmental inquiry has been ordered.

Guruprasad – BBMP assistant engineer
Shashidhar – BBMP assistant executive engineer
BT Mohan Krishna – then deputy director, town planning (south)

Govindraju – then joint director (south), now chief engineer (west)

Chowde Gowda – additional director, town planning (retired)

ALLEGATIONS

These officials did not keep in mind the buffer zone while allowing the construction of EAPL (Thirumala’s Splendour) apartment on Hosur Road. They sanctioned the plan for the builder.

ACTION

Chowde Gowda, who is retired, faces criminal prosecution.

A departmental inquiry has also been ordered against the other four. They have been suspended to avoid tampering with evidence and a criminal case will also be filed.

Sunita – assistant engineer

Gangappa- assistant executive engineer

Liakath – assistant executive engineer, town planning

Munikrishna, BBMP chief engineer (retired)

Allegations

All these officials had also ignored the buffer zone rule and sanctioned the plans for a few residential properties in Shubh Enclave near Kasavanahalli village. It is alleged that they violated the buffer zone between two lakes – Kasavanahalli and Kaikondanahalli lakes.

Action

Criminal cases against all of them and also a departmental inquiry against Munikrishana, who is retired.

S Mrithyunjaya – assistant engineer

T Nataraj – joint director, town planning (north)

Allegations
These officials allowed a developer to construct apartments at Khata No 3604/50/1, 50/2, 52/1, 58, 59/1 and 61/1A,

disregarding the rule on buffer zone. This led to the blocking of the storm water drain.

Action

Mrithyunjaya was at the BBMP on deputation from the PWD. A departmental inquiry has been ordered against all three

including Natraj and commissioner has been asked to filed criminal case.

SC Karigowda – town planning member (retired), BDA

GJ Nayak – town planning member (retired), BDA

D Satyanarayana – Engineer member (retired), BDA

MN Shankar Bhat – lawofficer, BDA (retired)

Allegations

These officials had given approval for the construction of Ansal Forte property in 1995. Later, in 1998 the plan was

modified an approval was given. In 2003, the BDA also issued the occupancy certificate. Despite the storm water drain nearby, these allowed the construction of the building.

Action

All four officers are retired and the BBMP commissioner has been asked to file a criminal case against them.

Vijaykumar D Patil – assistant director, town planning

DS Sarvotham Raju – assistant executive engineer

Allegations

Both the officers had sanctioned the plan for D Lakkanna and D Shant without checking the buffer zone.

Action

Both of them were working at the BBMP on deputation and are now kept under suspension. The commissioner has been asked to file a criminal case against them.

ENCROACHMENTS IN BANGALORE SOUTH WILL BE CLEARED IN WAR FOOTING -CHIEF MINISTER


The Chief Minister has directed the district administration and the BBMP to clear the encroachment of Raja Kaluve, Secondary Channels and the lake bed buffer zone encroachments in Bangalore south and also in other zones without any mercy.  The illlegal and DC Converted layouts and Revenue lay outs will be affected.

It is to be noted that many notorious builders have downsized the raja kaluve and have put up structures and are using it as park and for parking.  The matter has also been looked into and all such constructions and structures must be removed and criminal action must be initiated against such builders.

The NGT order on the Buffer Zone will have a serious impact on the projects which had been completed and which are under construction, but now now.

The buyers must conduct due diligence, while buying properties which are close to lakes or which are within the periphery of the Raja Kaluve and Lakes as during the course of reconstruction ( as most of these structures cannot stand for more than 30 to 50 years) the UDS and the SBA goes down substantially and the occupiers of such flats will be severely affected.

Some builders, resellers, agents, marketing firms and brokers are marketing/selling such projects or properties stating that the properties/projects are approved by BANKS and they have registered many such properties.

Bank loan does not CONFER ANY RIGHT, TITLE AND INTEREST AND REGISTRATION OF SUCH PROPERTIES IN CONTRAVENTION TO THE ORDERS OF THE COURTS AND THE PREVAILING LAWS ARE NOT VALID.

Banks, hand in glove ( What else ?) approve the projects, if the buyer or the owner is dispossessed of his property due to defective title or discrepancy or violation or deviation, the BANKS will not waive the loan.  The Banks recover their monies from the borrower at any cost, either from the borrower or from the co-applicant or from the guarantor or by attaching the salaries of all the concerned or by attaching the bank accounts and other properties of the borrower, co – application and the guarantor.

BBMP NOTIFICATION

bbmp

LAKE, VALLEYS, RAJA KALUVE, PRIMARY AND SECONDARY DRAINS OR CHANNELS  -BUFFER ZONE- GOVT DIRECTIONS


With the implementation of the National Green Tribunal’s landmark judgement against the Mantri Techzone Private Limited and Coremind Software and Services Private Limited to follow the 75-metre buffer zone for lakes and wetlands, the government has cracked the whip on builders.

The government has DIRECTED the two civic agencies – Bruhat Bengaluru Mahangara Palike and Bangalore Development Authority – to implement the orders with immediate effect.

The NGT orders will  affect the ongoing projects which are not completed, though it is approved,  projects within 75 metres of waterbodies from the border or the edge or the periphery of the boundary wall.

Though the government does not have any specific numbers of such projects that come in the 75-metre buffer zone, it has asked engineers from both the departments to conduct a fresh survey and mark boundaries of the buffer zone.

BDA, BBMP and the district administration to mark boundaries of all storm water drains (SWD), lakes and rajakaluves and have directions not to issue plans or change of land-use or any kind of developmental activity in buffer zone.
The BWSSB has already garnered itself and will be issuing notices to the apartment complexes which have more than 20 apartment to install the SEWAGE TREATMENT PLANTS and discharge the treated (properly treated) sewage to the communal drains.

According to NGT orders, buffer zones of rajakaluves, drains and wetlands must be calculated from the edge of the drain, as opposed to the current norm of measuring from the centre of the drain.

The orders will hence, disallow any further construction at least 75 metres from a lake and 50 metres around a primary SWD from the boundary wall or the border or the edge of the Lake or Raja kaluve.

Earlier, officials were following a 30-metre buffer zone order, calculated from the centre of the drain.

In the case of lakes  75 meters ( 246 feet )from the periphery of the waterbody will be maintained as a green belt or buffer zone

» 50 meters (164 feet) from the edge of a primary rajakaluve

» 35 meters(115feet)from the edge of a secondary rajakaluve

» 25 meters (82 feet) from the edge of tertiary rajakaluve

NO COMMENCEMENT CERTIFICATE FOR THE BUILDING VIOLATING THE ABOVE DIRECTIONS.

NO OCCUPANCY CERTIFICATE FOR THE BUILDINGS VIOLATING THE ABOVE DIRECTIONS.

 

 

BDA Commissioner shunted out


Sri.Shyam Bhat, Commissioner, BDA, with 18 allegations and cases and most important is his role in many controversial  reconveyances and Arkavathy Re do Schemes had been transferred.

But, the cases with lokayukta and ACB will continue against him.  He may not be able to reach KPSC, as the High Court of Karnataka has directed the Government  to follow the P.C. Hota Committee recommendations for selection of the chairman.

With huge number of cases and allegation, Sri.Shyam Bhat`s Name might not figure in the selection list.

BDA TO PUBLISH THE SITE ALLOTEES IN THE NADAPRABHU KEMPEGOWDA LAYOUT


BDA will be making the announcement soon in its website regarding the allotment of sites in the Nadaprabhu Kempegowda Layout with details.

AKRAMA – SAKRAMA AND THE NATIONAL GREEN TRIBUNAL`S ORDERS AND CHECK THE BACKGROUND OF THE `A` KATHA PROPERTIES!!!


The impact of National Green Tribunal`s ORDER, regarding the Raja Kaluve, Secondary drains and Lakes under the AKRAMA – SAKRAMA might be SEVERE TO VERY SEVERE.

The Government cannot regularise any such structure, layout, area or zone within the periphery of Raja kaluve, Secondary Drains and Lakes, under Akrama – Sakrama.

The owners or the property buyers, who had already bought the vacant plots or sites may retain, but cannot construct or build or do anything in that property and the apartments constructed on Raja Kaluve and lakes, might not find the buyers for resellers and investors and the BANKS might not lend or finance any structure or apartment or projects in the restricted zones, where the construction is already complete.

If there is a proposal to buy a A Katha property, check thoroughly, how the katha is obtained, before paying the token advance.

 

The effects of NGT order on lakes and raja kaluve


Ignorance is Bliss: For un approved, illegal, unauthorised, green belt, DC Converted sites owners and fake katha property owners across the state, are a happy lot, as long as they are Ignorant about the prevailing laws.

There are innumerable layouts formed in Green Belt, Agricultural Zone, amidst Raja Kaluve, Encroaching the lake and on Gomala Land in Bangalore rural and urban districts.  The State Government has demarcated the Bannergatta National Park`s Eco Sensitive zones and over 30 villages and the layouts are affected by the order.

It is presumed that there are over 1,00,000 revenue sites, DC Converted sites (both legal and illegal) which are abetting the lakes, raja kaluves, kalu daari and bandi daari. 

Even, the BMRDA approved layouts in and around Anekal Taluk, where a large number of lakes are encroached and the sites near the border or the boundary of the lakes are affected by the NGT Order.  One such case is in Rajapura Village.

The incomplete projects by DLF, Hiranandani and others in Hulimavu on Begur Road, which has a large chunk of Raja Kaluve and secondary drains, might be badly affected as the project is still under litigation and had not been completed and the plan had been modified/altered/amended.  Another builders project at seethramayyana kere in Bangalore East might also be affected.  A leading builder`s project near kaikondarahally-ambalipura-kasavanahally-lakes will definitely be affected, as the residential complex is just 100 feet from the boundary wall of the lake, which had been enhanced to 250 feet, as it still incomplete and had not obtained OCCUPANCY CERTIFICATE.

As per the RERA, any project/building/apartment, which has not obtained the OCCUPANCY CERTIFICATE from the competent authority is considered as INCOMPLETE and will be affected by the Act.

 

ENCROACHMENT – BYRASANDRA LAKE – BAGAMANE TECHPARK – C.V.RAMAN NAGAR


ENCROACHMENT – BAGAMANE TECH PARK –C V RAMAN NAGAR – A NEWS REPORT

After an elaborate study and search for Tippan, surveyors find that Kelaginakere Byrasandra lake in CV Raman Nagar has indeed been encroached upon; and some of the city’s big names, both in pvt and public sector, could be at fault 

With city lakes shrinking into mires of pollution, sewage and illegal structures, the finger of blame invariably points to the municipal authorities. In the case of Kelaginakere Byrasandra lake in CV Raman Nagar, however, the errant encroachers are some of the who’s who in the IT city. 
From Bagmane Developers and Cognizant Technology Solution to BEML and DRDO, all have played a part in the slow destruction of this water body. Now, after the HC ordered a “100% scientific and accurate resurvey” of the lake, the authorities have finally sprung into life. And according to sources, the resurvey has proved swathes of encroachment by these corporations.

Last month, when government surveyors from the Department of Survey, Settlement and Land Records began a real-time survey of the lake they realised that they had no idea where to start. 

Armed with a Tippan (a document of the earliest measurement of the land parcel) the surveyors began their herculean task. Relief finally arrived in the form of a burial ground at the western end of the lake. Using that as a marker they began to map the original extent of the water body.

The survey was carried out in the presence of 
representatives of the companies based out of offices built on the lake bed and all buildings that were found to have “encroached” had their walls marked with red. The operation that began in early April of this year found that of the 12.21 acre lake, what remains now is just six acres.

Subsequently, on April 26, 37 people/offices/companies including Bagmane Developers Private Limited, Cognizant Technology Solution India Private Limited, Texas Instrumentation, BEML, DRDO, HAL, et al received notices from the department informing them of the survey and asking their representatives to be present.

The notice reads: “As per the direction of the HC in writ petition number 46381/2013, a survey of Byrasandra lake in Varthur village, survey number 112 will be conducted. On April 30, officials will visit the spot to finalise the boundaries. All interested are directed to be present at the spot.”

“The burial ground at the western end of the lake was the primary reference point which is at a 400-metre distance from where the boundaries were drawn, keeping with the original map. All the survey numbers in the area were tallied with the Tippan document and finally, the boundary on survey number 41 matched and ended. The lake was documented: the original area and the existing one,” said one of the company sources, present during the documentation. BM tried to get through Bagmane group’s MD for his response and was asked to send out an e-mail. However, there was no response.

WHY WAS THE RESURVEY ORDERED?

Two reports – one by retired IAS officer V Balasubramaian, and another by A T Ramaswamy who headed the joint legislature committee — named Bagmane Tech Park and other software companies as “encroachers” of parts of Byrasandra lake. In 2013, the district administration launched a drive to reclaim some portions of the lake and subsequently the Bagmane group moved the High Court fearing further demolition of structures and sought a resurvey of the lake. 

In January 2014, the court disposed of the case appointing the commissioner for the Department of Survey, Settlement and Land Records as the court commissioner in the case. The HC directed him to carry out a resurvey and submit a report. The issue did not see any action till last month when Munish Moudgil, commissioner, took up the resurvey. The report will be submitted to the court shortly.

Red markings on the compound wall of several buildings around the lake. The marking comprises arrow, numbers and on some walls, reads “lake ends.” One might mistake this for a land acquisition marking for a road widening project. No, it is the recent outcome of a resurvey carried out to find the alleged encroachments of buildings on Byrasandra lake.

A NEWS REPORT ON THE REVENUE SITES – BE CAREFUL


A NEWS REPORT ON REVENUE SITES –  WATCH OUT

Last week, the High Court quashed the government orders of 2009 barring registration of Revenue sites/ properties.

Though the State government allowed registration of B Khata properties in the city and e-Khata properties in gramthana areas in December 2013, unapproved layouts and those in the green belt, on the city’s outskirts were not given e-khata, and hence were not registered.

Such property holders in unapproved layouts, green belts and non-converted land can now get their properties legally registered, without the requirement of e-khata or any such additional document.

While there is no official statistic on the number of such revenue pockets in the city, estimates vary from 50,000 sites to over one lakh plots, which are expected to flood the realty market.

The HC quashed the 2009 order saying sub-registrars have no powers to seek any document not stipulated under the Stamps and Registration Act.

However, a former revenue official involved with the 2009 orders said that they were promulgated to prevent mushrooming of unauthorised revenue pockets, especially in the green belt.

The problem is most severe in the newly added 110 villages and other outlying areas of the city, especially in the BDA area outside BBMP jurisdiction,  “Many private layouts have come up even in the green zones in these areas. These have neither got a conversion of land use nor are their layout plans approved,” he said.

But now, it would be tough to control mushrooming of unauthorised revenue pockets, the revenue official said. “Registration doesn’t guarantee title of a property.

This means the buyers will be taken for a ride by revenue layout developers, cheating them with illegal sites, buildings violating bylaws, which may affect the buyer at a later date,” the official said.