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.

 

PRESTIGE WHITE MEADOWS – PATTANDUR AGRAHARA – WHITEFIELD ????


The suit regarding the industrial land in survey no.42, pattandur Agrahara, allotted to Joy Ice Cream for industrial purpose at a very cheaper rate by the Government with a condition that the allotted land MUST ONLY BE USED FOR INDUSTRIAL PURPOSE, the said property was sold to prestige group, and the builder obtained the sanction of building plan and began the construction.  In the meanwhile, the STF discovered the discrepancy and recommended that the land be vested with the state as it had violated the conditions of sale.  The Deputy Commissioner, Bangalore District, resumed the said property.

The builder approached the court and as usual obtained a stay order ( the simple strategy of the builders to hoodwink the investors and buyers)  to the said resumption.  Mr.Hiremutt, a social activist, fighting many such cases, is said to have issued a paper statement, which the high court felt it as derogatory and summoned Mr.Hiremutt.

This subject will reach the apex court soon.

But, the investors and the buyers have to be satisfied that there is a STAY ORDER and there are no answers for:

1). Whether the property allotted by the state specifically for the industrial activity be used for other purposes?

a). The land acquired from poor farmers at throwaway prices and allotted to the industries with all facilities, so that the industries generate employment, use the locally available natural resources, consume the electricity, generate revenue to the Government in the form of VAT, Excise, Service Tax, Professional Tax and Income Tax.  The intention of the state to provide land and infrastructure is for the development and not for the profit of a group by selling the land thus allotted.

b). The builder MUST have obtained NOC for the change of land use from KIADB, but might have not obtained the same.

c). The change of land use condition need not be specified at all as it is implied.

d). It is crystal clear that the builder has violated and also obtained the building plan without obtaining the NOC from KIADB and BDA`s role in the sanction of the plan must be investigated.

2). Filing of Writ Petition will not entitle or grant the right, title and interest to the plaintiff.  It will be conferred only by the decree of the court.  Hence, the consoling words like, the subject matter is in the court, does not have any validity at all.

The affected investors and buyers are sitting in the corner of their home, cribbing and crying, watching the episode without a murmur.

There are some more like this.  The skeletons will tumble out one by one.

WHAT IS DC CONVERSION AT BANGALORE ? CHANGE OF LAND USE !!


Generally the lands available in Karnataka are basically agriculture in nature, as the major occupation is agriculture and the Government has taken various measures to secure & preserve it.  The general use of all such lands is agriculture and if it has to be used for any other purpose other than agriculture, the property owner must obtain legal permission from the competent authority by following prescribed procedures.

Conversion is a legal process by which the property owner changes the use of the land from agriculture to non agriculture purpose. It is also called CHANGE OF LAND USE. The legal sanction/ conversion/ order/grant/permission is necessary to use the land for any other purpose otherwise, the Deputy Commissioner will initiate action and in sub-section (2-A) shall be liable to be demolished and brought back to their earlier use and expenses incurred thereon shall be collected from such persons/s as arrears of land revenue.

Change of land use or Conversion is not accorded or permitted to all the properties. Permission for the change of land use or diversion may be deferred or refused by the Deputy Commissioner under various conditions.  The DC Conversion may also be withdrawn or canceled.

DC Conversion is a legal process and is mandatory Under Section 95 of Karnataka Land Revenue Act, by which the occupant or the property owner makes an application to the Deputy Commissioner of the District seeking his assent/permission/sanction for the change of land use from agriculture to non-agriculture(Residential/Public Use/Semi Public Use/Industrial/Commercial) use. The Jurisdictional revenue authority will consider the application on the basis of rules and regulation formulated for this purpose and accordingly an order may be issued.  The Conversion fee/fine is levied and an official memorandum (OM) is issued to the applicant, directing the applicant to pay the same in the state treasury.  Upon the confirmation of such payment, the Deputy Commissioner will issue Conversion Order.  The Conversion order will have certain important conditions.  The Occupant or the owner must comply with all the conditions laid down in the conversion order, lest, the order becomes invalid or inoperational without any further notice to the applicant or the owner.