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.

 

 

BOUGHT A PROPERTY WITH DEFECTIVE TITLES OR DISCREPANCY OR VIOLATION OR DEVIATION OR FAKE DOCUMENTS ? DO NOT WORRY


Many properties with title defects and discrepancy, building plan violation, zonal violation, fake or manipulated licenses or approvals had been sold to innocent buyers.

Buyers, who had been cheated, can substantiate their case in the court of law and seek relief from the court and initiate appropriate proceedings against the offenders.  But, in our system, this process takes its own sweet time, due to such delays, the buyers are unwillingly compelled not to take or initiate any action against the cheats and frauds.  But, the buyers must take appropriate action at the right time, if not, legal relief might not be available.

Legal remedy is available to the affected and the buyers need to take swift and stern action against the seller.

PLATINUM CITY – WOES – WHEN WILL YOU GO TO JAIL? HIGH COURT


THE PLATINUM CITY APARTMENT COMPLEX AT YESHWANTHPUR MAIN ROAD, BANGALORE IS IN THE MIDST OF DEVIATION AND VIOLATION AND AN ANGRY COURT ASKED THE BUILDER, `WHEN WILL YOU GO TO JAIL`, AND THERE ARE INNUMERABLE NUMBER OF SUCH VIOLATORS AND DEVIATORS IN BANGALORE.

FAR THEFT(CHOR) IS COMMON AND THE BUYERS OF PROPERTIES ARE EQUALLY RESPONSIBLE FOR SUCH THEFT.  KNOWINGLY WELL, THAT THERE IS ABNORMAL DEVIATION AND VIOLATION IN THE CONSTRUCTION, IN MANY CASES, THERE ARE NO PROPER SANCTIONED PLANS AT ALL, BUY THEM, BECAUSE, THEY GET HOME LOAN.

THE BUILDERS MAFIA, BRIBES AND MISREPRESENTS THE FACTS TO THE BANKS AND FINANCIAL INSTITUTIONS AND THEY BLINDFOLD THEM, THE BANKS, IN A BID TO GAIN MORE BUSINESS, GRANTS THEM PRE APPROVAL AND THE BUYERS THINKING THAT `APPROVAL FROM BANKS MEANS THAT ALL THINGS ARE RIGHT AND THERE IS ABSOLUTELY NO PROBLEM WITH TITLE AND CONSTRUCTION, HENCE, THEY JUMP IN TO BANDWAGON AND THEN ENJOY THE MISERY FOR THEIR OWN STUPID DECISION.

WHEN THE LIES ARE DISCOVERED AND PENAL ACTION IS INITIATED, THEN, THE BUYERS, IMMEDIATELY BECOMES THE GREATEST HONEST CITIZEN, WHO HAS BEEN PENALISED NOT FOR HIS FAULTS, THE FAULTS OF THE GOVERNMENT, OFFICERS, BUILDERS, BANKERS AND THE WHOLE WORLD. 

WHEN THE MISTAKES AND LIES ARE POINTED OUT, IMMEDIATELY THEY TAKE THE SHELTER AND BLAME THE SYSTEM, SUB REGISTRAR, BBMP/BDA/BMRDA/DTCP/DC, ADMITTING THEY ARE NOT AWARE AND HAVE BEEN CHEATED.  IGNORANCE OF LAW IS NO EXCUSE. 

THE BUYERS OF ILLEGAL AND UNAUTHORISED PROPERTIES ARE NEITHER ILLITERATE NOR POOR NOR DEAF NOR DUMB, THEY ARE ELIGIBLE TO AVAIL HOME LOANS AT LOW INTEREST RATES AND THINK, THEY CAN MANIPULATE OR EXERCISE POLITICAL POWER AND EVEN INFLUENCE THE JUDICIARY, BUT ULTIMATELY FAIL AND WAIL.

THE PLATINUM CITY IS ALSO IN THE SAME SPOT.  DO NOT BUY PROPERTIES OF THIS TYPE, BECAUSE THE PROMOTER IS A CREDAI REGISTERED BUILDER OR TOP OR THE BEST BUILDER IN TOWN.  

ALL MOST ALL BUILDERS HAVE CASES OF ENCROACHMENT, VIOLATION AND DEVIATION, IT IS A PART AND PARCEL OF THEIR LIVES, THEY WANT TO LIVE WITH IT AND TRANSFER THEIR MISERY TO THE BUYERS AND ENJOY LIFE AT THE COST OF THE MISERABLE ONES WITH POSH OFFICES AND MERCEDES BENZ CARS AND FOREIGN JAUNTS. 

ILLEGAL OR UNAUTHORISED CONSTRUCTION – APARTMENTS – B KATHA – READ THIS NEWSPAPER ARTICLE AND THE SUPREME COURT DIKAT – DEMOLITION MAN WILL BE AT THE DOORS OF UNAUTHORISED CONSTRUCTION – EVEN IF HE IS A CABINET MINISTER !! BUYING AN APARTMENT WITH VIOLATIONS – ENJOY DEMOLITION


IF A MINISTER BUILDS OR CONSTRUCTS A BUILDING VIOLATING THE SANCTIONED BUILDING PLAN, HE HAS TO FACE THE MUSIC AND THE DEMOLITION MAN KNOCKING AT HIS DOORS !!!!

VIOLATION IS A VIOLATION, WHETHER IT IS COMMITTED BY THE MINISTER OR ORDINARY CITIZEN AND THE RULE IS THE SAME FOR EVERYONE!!!

BUYING AN APARTMENT OR SITE WITHOUT PROPER SANCTION, APPROVAL AND CLEARANCE, ANY DAY, THE BUYER HAS TO FEEL THE HEAT AND PAY FOR THE MISTAKES!!!

DARE TO BUY ONE!!! ENJOY THE MUSIC OF DEMOLITION !!!!!!

An adverse ruling by SC in the contempt of court petition filed by activist Nagalakshmi could make the railway minister’s position in the NarendraModi Cabinet untenable

Union railway minister D V Sadananda Gowda’s construction of a five-storey complex at a residential plot in HSR Layout, 3rd Phase has returned to haunt him. Activist Nagalakshmi Bai, 51, who had dragged Sadananda Gowda and his former cabinet colleague and present Sringeri MLA, D N Jeevaraj, to the Karnataka High Court, filed a contempt petition against them in the Supreme Court on Aug 5, 2014. The court has posted the matter for November 11.

“The Railway Minister and his former colleague Jeevaraj have wilfully disobeyed the Supreme Court order which had restrained any further construction at the site and structure in question. But they have gone ahead with construction and other activities at the site. As it is a major violation, I have brought the same to the notice of the Supreme Court through the contempt notice,” Nagalakshmi Bai told Bangalore Mirror.

Nagalakshmi has filed the contempt petition stating that the two had violated the Supreme Court order by going ahead with construction activity when they had been restrained from doing so. She also attached 14 photographs, which she claimed were taken on June 15, 2014, stating they attested to activities carried out when a restraining order was on.

The case dates back to 2011, when Nagalakshmi filed a public interest litigation (PIL) against Sadananda Gowda and Jeevaraj over violations pertaining to a construction on site numbers 12 and 13 at HSR Layout, 3rd Phase. Nagalakshmi had contended that the two, who were allotted sites measuring 50′ X 80′ each under G category (CM’s discretionary quota) had violated Bangalore Development Authority’s (BDA) lease-cum-sale agreement that restricts lessees/purchasers from subdividing a property and constructing more than one dwelling house on it during the initial 10 years. She had also contended that the duo had amalgamated the two sites even after BDA had rejected an application in this regard.

High Court, which heard the PIL on October 19, 2012, ruled against the duo and asked the BDA to act within three months as per the lease-cum-sale agreement, which empowers the agency to forfeit the land without paying any compensation in case of violation of conditions.

Subsequently, the duo moved the Supreme Court challenging High Court judgment. The Supreme Court passed an order on January 2, 2013, restraining the petitioners from carrying out further construction. “…The petitioners are also restrained from carrying on further construction on the subject plots without the leave of this court,” the apex court had observed.

Speaking to Bangalore Mirror, Gowda said, “I haven’t received any notice pertaining to the contempt petition so far. But I haven’t carried out any sort of work at the site and the allegations reportedly made by the applicant are baseless. Whatever work was carried out at the structure was done before the Supreme Court stay. Nothing was done after that.”
D N Jeevaraj told BM: “I haven’t carried out any activity there and haven’t even gone to the place either except once when I needed a photograph for submission to the Supreme Court. Somebody may have given false information to her (Nagalakshmi Bai).”
Nagalakshmi, however, remained unfazed: “As they have repeatedly violated the rules and even the Supreme Court directive, we will seek action when the matter comes up in November.

BUILDER/DEVELOPER ORDERED TO PAY 35.80 LAKHS TO THE CONSUMER FOR UNFAIR TRADE PRACTICE AND DEFICIENCY IN SERVICE – NOT COMPLETING THE PROJECT AND HANDING OVER THE POSSESSION WITHIN THE SAID DATE


The Delhi State Consumer Disputes Redressal Commission, presided by Judicial member S A Siddiqui, asked TDI Infrastructure Pvt Ltd to pay Rs 35,80,000 to one Amar Singh Pahal, noting that “it can also be taken as indulgence in unfair trade practice” and “amounts to deficiency of service”. 

“…It would be in the large interest of justice that the amount deposited by complainant is refunded back…He should also be adequately compensated for the harassment, mental pain and agony. 

“Non-completion of project even after three years from the date of promised delivery of possession definitely amounts to deficiency of service on the part of Opposite Party (firm). It can also be taken as indulgence to unfair trade practice,” the commission said. 

In its order, the commission also added that a consumer cannot be made to wait indefinitely on whims and fancies of a builder.