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Regularisation of Apartments under Akrama – Sakrama ( Buildings with violation, deviations and unauthorised buildings) How?


Frequently Asked Questions: (Tentative)

The specific details will be published by the Government soon.  But, in general the following queries are raised.

1). I own an apartment in the residential complex/apartment complex with 24/48 apartments and can I regularise my apartment?

Answer: It is difficult to regularise a single/individual apartment in an housing complex.

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

Answer: Title Deed, EC, Survey documents, Sanctioned building plan, Structural stability report ( if the building has more than two floors or 20 feet in height), as it is building plan and the photos of the building.

3). Who has to submit the application?

If the association is formed, then the association has to pass an resolution and submit the application.

4). Who has to pay the penalty or fine for the deviation or violation?

The applicant has to pay the fine or the violation.

5). Our apartment has 5 floors, (G+4) and I purchased the legitimate or sanctioned portion of the apartment and why should I pay for the illegal or unauthorised portion or apartment in the complex?

This is a complex question.  In case of an apartment, application has to be submitted as a single unit.  This issue has to be settled among the apartment owners only.

6). Why can`t the developer/owner file the application?

Yes.  The Developer/Owner can file the application, if the association is not formed.

7). Why should the owners pay the penalty, as we had not committed any deviation or violation or irregularity?

The developers, if they agree to regularise, they can pay the penalty and get it regularised.  If the Developer is not agreeable or not available, then, the owner of the property has to get it regularised.

8). Can we initiate legal proceedings against the builder/owner?

Yes.

9). What are types of deviation or violation?

a). FAR-Floor Area Ratio.

In general, on a 30 feet wide road, for residential purposes, the FAR allowed is between 1.5 to 1.75.

b). Height: 15 meters or 50 feet.

c). Setback: Buildings must have a clear vacant area between the compound and the superstructure like columns and this area is called the setback.

10). Our apartment complex has a panchayat sanctioned building plan and there is no deviation, is it necessary to get the property regularised?

Yes. Panchayats does not have any legal powers delegated to them to approve or sanction building plan other than a single or individual house with ground and first floor.  The planning authority or the municipal corporation has the power to sanction or approve the building plan.  It is an unauthorised construction, needs to be regularised.

11). Our apartment is built on agricultural land with panchayat approval, how can this be regularised?

If the land or the ground or the property is in agricultural zone or green zone or belt, it cannot be regularised.  But, if the property is agricultural property, non converted and lies in residential zone of CDP map of the planning authority, it has be regularised by the change of land use and then the building has to be regularised.

12). We have more than 50% deviation from the sanctioned building plan, how to regularise it?

N O. It cannot be regularised unless and until, the deviation and violation is brought down or removed or demolished or cleared and brought to 50%.

13). There are 100 apartments and many of them have leased it out and are living out of the country and to get amounts from them is difficult, what to do?

The Government can do nothing.  The other members of the association or the property owners must find out and request others to contribute.

14). We have penthouses built above 15 meters or 50 feet, how can this be regularised?

No.  The penthouses has to be removed to be eligible for regularisation or have to obtain the following NOC from KSPCB, Fire and Emergency Services etc.

15). The builder has violated and sold the properties to us, why should we pay the penalty?

Request the builder to pay the penalty.

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SUGGESTIONS INVITED BY THE LAW COMMISSION OF INDIA ON ELECTORAL REFORMS


The Law Commission of India Invites Suggestions on Electoral Reforms

The issue of ‘Electoral Reforms’ has been referred by the Central Government to the Law Commission of India for consideration and for suggesting comprehensive measures for changes in laws relating to elections. Acknowledging the importance of the subject, the Commission has prepared a Consultation Paper eliciting feedback from various stakeholders.

           The election system comprises a complex web of different nuances – legal, political, economic, social, religious, ethical and moral and this complexity makes the task of suggesting reforms quite challenging.  No single aspect of election process can be looked at in isolation from others.   Most, if not all areas of these aspects, are of the nature where law either interacts or need to interact more closely.  The focus of the Consultation Paper is, therefore, to identify those areas and aspects where law should play more prominent and engaging role.

          The Commission proposes to focus largely on issues such as: qualifications/disqualifications of  those seeking election, or disqualification of the persons already elected; modes, methods and quantum of funding of elections; transparency, accountability and sources of spending by political parties and their respective candidates during elections; regulations and ethical conduct of political parties or candidates participating in elections; filing of false affidavits – A ground for disqualification; electronic and print Media – impact of ‘paid news’; quantum of punishment for electoral offences; and adjudication of election disputes etc.

          The Commission, through the Consultation Paper, has solicited views/suggestions of political parties, states, civil society, and all other stakeholders, inter-alia, on the aforesaid issues.

         The Consultation Paper has been made available on the website of the Law Commission of India – http://lawcommissionofindia.nic.in and can be downloaded freely.

         Those desirous of submitting comments/suggestions may send their written comments/suggestions to the Secretary, Law Commission of India, Hindustan Times House, 14th Floor, Kasturba Gandhi Marg, New Delhi-110001 by E-mail: lci-dla@nic.in  or by hand/post latest by 30th June, 2013.

 

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ENCUMBRANCE CERTIFICATE-WHAT, IT DOES NOT DISCLOSE OR DISPLAY??


ENCUMBRANCE CERTIFICATE IS A SEARCH DOCUMENT, WHICH PROVIDES OR DISPLAYS THE TRANSACTIONS ON  A PARTICULAR PROPERTY, DURING A PARTICULAR YEAR/PERIOD.  BUT , WHAT IT DOES NOT DISCLOSE/DISPLAY/SHOW/PROVIDE- IS THE LITIGATION, CLAIMS, LEGAL HEIR-SHIP, LEGAL NOTICES, CHARGES, ARREARS OF CHARGES AND TAXES AND PROCEEDINGS IN THE COURT OF LAW.

EXAMINING THE ENCUMBRANCE IN THE PROPER MANNER IS ALSO VERY CRUCIAL AND IMPORTANT.