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.

DO NOT BUY A PROPERTY BASED ON BDA/BBMP APPROVAL AND BANK APPROVAL


In a latest judgement by the High Court of Karnataka quashing the acquisition of land for the formation of site by societies, it is clear and evident that ALL THE DILIGENT EXAMINATIONS REGARDING THE PROPERTY MUST BE CONDUCTED THOROUGHLY BY EXPERTS IN THE REAL ESTATE FIELD.

BDA/BBMP approvals are CONDITIONAL and all the NOC from KSPCB,BESCOM,BWSSB,AAI,BSNL,F&E Services and HAL are FITTED WITH innumerable conditions.

Bank approval of a project or sanction of bank loan does not confer any right, title and interest.

A recent trend noticed is that some financial institutions have violated, deliberately and circumvent the Delhi High Court Orders and RBI guidelines and are sanctioning home loans to the potential Home Buyers of B Katha properties and illegally built apartments and homes.

It is dangerous.  Be Careful. 

MANY BUILDERS THOUGH THAT THE NGT ORDERS ON THE LAKE BUFFER ZONE IS NOT RETROSPECTIVE AND SOLD THE PROPERTIES ARE IN FOR A SHOCK, AS THE NGT HAS DIRECTED THE BBMP TO APPEAR AND CLARIFY THE ISSUANCE OF CIRCULAR.

SEVERE WATER SCARCITY AT BANGALORE


The worst ever monsoon failure and a severe drought has affected the water supply and the depletion of underground water table in and around bangalore will have serious potable water shortage and the civic bodies might not be able to supply the requisite quantity and have begun the rationing system.

The only source of water supply for the apartment complex is to buy from tankers and the prices have skyrocketed this year from Rs.300/- a tanker to Rs.1,500/-.

Some apartment complexes, which have swimming pools might be compelled to remain dry this season.

It is also said that this summer will be very harsh and the supply of water from cauvery river is just a trickle, will make things much worse.  The Government is planning to pump the dead storage across the reservoirs to meet the scarcity.

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.

 

BWSSB has given relief to old apartments with 20 houses and will not insist on STP units


The BWSSB has relented and bowed to the pressures of the apartment owners and relented not to compel them to commission STP units for the buildings constructed upto January,2016, which has less than 20 apartments within the residential complex.

The amounts collected as fine or penalty might be refunded.

 

SEWAGE TREATMENT PLANTS ARE MANDATORY FOR 2000 Square Meter plots and NOT for 200 Square Meter plots or sites.


The BWSSB has stated in a press publication that STP units are mandatory only for the sites or plots measuring 21,500 Square Feet approximately and above, even for the existing residential complexes.

There is relief among the smaller housing complexes from thethe recent notification regarding the installation of STP units, but details are awaited.

WATER SCARCITY and POWER CUTS IN APRIL 2016


Due to inclement weather and harsh summer, the underground water table across the state is depleting very fast and the water storage levels in the reservoirs supplying drinking water to Bangalore does not have enough storage and this might affect the regular water supply.

The apartments depending upon water tankers might have to pay up to Rs.2,000/- to Rs.2,500/- per tanker of raw water this summer.  The best part of these apartments are that in one of the high end apartment, the residents demand that their SWIMMING POOL must be filled up with water at whatever may be the cost !!!!!!

There is acute shortage of electricity and the Government is unable to procure enough power and hence, there will be unscheduled power cuts throughout April and May, 2016.

NO WATER AND NO ELECTRICITY FOR UNAUTHORISED CONSTRUCTIONS AND BUILDINGS WITH DEVIATIONS IN FUTURE!!! WHAT ABOUT THE ILLEGAL BUILDINGS WITH DEVIATIONS AND VIOLATIONS HAVING WATER AND POWER CONNECTIONS????


NEW PROPOSAL FOR ILLEGAL BUILDINGS

NO WATER AND NO ELECTRICITY FOR UNAUTHORISED CONSTRUCTIONS AND BUILDINGS WITH DEVIATIONS IN FUTURE!!!

WHAT ABOUT THE ILLEGAL BUILDINGS WITH DEVIATIONS AND VIOLATIONS HAVING WATER AND POWER CONNECTIONS????


​        The Bruhat Bengaluru Mahanagara Palike (BBMP) has sought orders from state government to reject regular water and power connection to illegal residential projects.

      The BBMP has the power to sanction the building plan within its jurisdiction it has been noticed that sanctioned plans are violated and further illegal constructions are being made. BBMP commissioner has written a letter to the Urban Development Department (UDD) seeking to disallow permanent BWSSB and BESCOM connections for properties violating sanction plans following occupancy certificates.

 

      The Urban Development Department has to seek the opinion of the AG, BWSSB AND BESCOM before empowering the BBMP to direct the civic agencies NOT to provide water and electricity to the illegal, unauthorized and dangerous buildings.

Most of the properties come under the `B` Katha.

BBMP CIRCULAR on Unauthorised Constructions dated 07-08-2015


The BBMP Commissioner had issued a circular directing the jurisdictional AEE to initiate appropriate action against all the unauthorised constructions within their jurisdiction and further directed them to request the BESCOM AND BWSSB not to provide Electricity and Water connection or supply.  Additionally, action is also initiated against the contractors/architects of such unauthorised buildings by blacklisting them.

The circular:

BBMP-Unauthorised construction-Comm-circular-10-08-2015-page-1 001
BBMP-Unauthorised construction-Comm-circular-10-08-2015-page-1 001
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BBMP-Unauthorised construction-Comm-circular-10-08-2015-page-2

SOME ARGUMENTS WITHOUT LEGAL SANCTITY AT THE PLACE OF DEMOLITION


BBMP HAS GIVEN US A KATHA?

HOW CAN BBMP GIVE A KATHA FOR THE ENCROACHED OR GOVERNMENT PROPERTIES?

DOCUMENTS ARE FABRICATED OR FAKE DOCUMENTS SUBMITTED TO THE BBMP AND PAID xxxxx TO GET THE KATHA.  ANY PERMISSION, KATHA, LICENSE, APPROVAL OBTAINED BY SUBMITTING FAKE OR BOGUS OR FABRICATED DOCUMENTS AND IF THE FACTS ARE TWISTED OR MISREPRESENTED, AUTOMATICALLY, WITHOUT NOTICE AND INTIMATION THE KATHA  “STANDS CANCELLED”.  HENCE THIS KATHA HAS TO BE EXAMINED THOROUGHLY AND REVENUE DOCUMENTS ARE SECONDARY TITLE DOCUMENTS, THOUGH, THEY ARE IMPORTANT, DOES NOT CONFER ANY RIGHT, TITLE AND INTEREST. 

BESCOM HAS GIVEN US CONNECTION.

BESCOM IS A MERCHANT ESTABLISHMENT, THOUGH OWNED BY THE GOVERNMENT, IS A SUPPLIER OF ELECTRICITY FOR A TARIFF(PRICE).  THE ELECTRICITY CONNECTION IS PROVIDED BASED ON THE ABOVE STATED KATHA, WHICH IS IRREGULAR OR ILLEGAL, CANNOT CONFER ANY RIGHT, TITLE AND INTEREST. HENCE THIS AVERMENT DOES NOT STAND THE LEGAL VALIDATION.

BWSSB- CAUVERY WATER CONNECTION – IS ALSO A PUBLIC UTILITY AND A PROVIDER OF WATER FOR A TARIFF AND ANY CONNECTION OR SUPPLY DOES NOT ENTITLE THE PRECIPITANT ANY RIGHT, TITLE AND INTEREST.

KATHA MUST HAVE BEEN OBTAINED ON AUTHENTIC AND GENUINE DOCUMENTS WITHOUT CONTRADICTING ANY PROVISIONS OF THE APPLICABLE LAW, LIKE KARNATAKA MUNICIPALITY ACT, KARNATAKA LAND REVENUE ACT, KTCP ACT, KARNATAKA LAND REFORMS ACT, RDPR ACT, BDA/BMRDA ACT AND OTHER APPLICABLE AND RELEVANT ACTS. 

HENCE, A THOROUGH EXAMINATION OF KATHA AND HOW IT IS OBTAINED AND THE BASIS ON WHICH IT IS OBTAINED IS ALSO CRUCIAL TO VALIDATE THE TITLES.

B FORM PROPERTIES


THERE IS HIGH RISK INVOLVED IN BUYING PROPERTIES WITHOUT BBMP KATHA.  PROPERTIES WITH B FORMS MAY HAVE DEFECTS, DISCREPANCIES AND IS IN CONTRAVENTION TO THE PREVAILING MUNICIPAL AND TOWN PLANNING LAWS.  IT IS ISSUED TO PROPERTIES WITH VIOLATION, NON COMPLIANCE AND IS IN CONTRAVENTION TO THE PRESENT STATUTES.

PURCHASERS OF THE PROPERTIES MUST EXERCISE UTMOST CAUTION.  BANK LOANS WILL NOT CONFER THE TITLE NOR KATHA(BBMP LIMITS)

THE HONOURABLE HIGH COURT OF KARNATAKA HAS COME DOWN HEAVILY ON THE OFFICIALS FOR NOT HAVING ACTED ON THE ILLEGAL, UNAUTHORISED BUILDINGS, BUILDINGS WHICH HAVE VIOLATED THE BY LAWS AND BUILDINGS WHICH HAVE BEEN BUILT WITHOUT TOWN PLANNING APPROVALS.

IT IS DANGEROUS TO BUY BUILDINGS WITH DEVIATIONS. THE RBI HAS DIRECTED THE BANKS TO SANCTION LOANS ONLY TO THE BUILDINGS AND PROPERTIES, WHICH ARE BUILT AS PER THE SANCTIONED BUILDING PLAN.

BESCOM AND BWSSB DOES NOT SUPPLY POWER AND WATER TO THE BUILDINGS WHICH ARE BUILT IN CONTRAVENTION TO THE PREVAILING LAWS AND THE BUILDINGS WHICH HAVE DEVIATED/BUILT AGAINST THE BY LAWS OR SANCTIONED BUILDING PLANS.  THE OWNERS/BUILDERS/DEVELOPERS SUBMIT THE SANCTIONED PLAN AND OBTAIN THE POWER AND WATER.  IF AT ANY POINT OF TIME, IF IT IS BROUGHT TO THE NOTICE IN WRITING WITH PROOF AND EVIDENCE, THE SUPPLY WILL BE DISCONNECTED.