RAJA KALUVE ENCROACHMENT – CLEARING WORK BEGINS SOON


The Government and BBMP are seriously contemplating to revive the removal of the encroachment of raja kaluve and secondary channels in Bangalore during this monsoon to avoid hardship and flooding.

 

AKRAMA-SAKRAMA AMENDMENT RETURNED


THE GOVERNOR OF KARNATAKA HAS RETURNED THE AMENDMENT BILL ON AKRAMA – SAKRAMA (REGULARISATION OF UNAUTHORISED BUILDING IN GOVERNMENT LANDS) AND HAS ADVISED THE GOVERNMENT TO TAKE ACTION ON A.T.RAMASWAMY COMMITTEE REPORT AND TASK FORCE REPORT ON THE RECOVERY OF THE GOVERNMENT LANDS.

THE AKRAMA-SAKRAMA BILL IS POSTED FOR HEARING IN THE HIGH COURT OF KARNATAKA TODAY !!!

 

 

The ISSUES the buyer may face to implement this TDS provisions – The rate of 1% may increase to 20% if seller does not provide PAN due to overriding provision of section 206AA of ITA.


  • Obtaining TAN number for complying with the provisions;
  • Issuance of TDS certificate to the seller;
  • Filing of TDS return quarterly and mention PAN of the seller;
  • Taxes needs to be deposited within the specified time limit with the Government; and
  • May be scrutinized by the TDS officer

The rate of 1% may increase to 20% if seller does not provide PAN due to overriding provision of section 206AA of ITA.

TDS ON PROPERTY TRANSACTION FROM 01-06-2013


TAX DEDUCTED AT SOURCE (TDS) ON THE PROPERTY TRANSACTIONS ABOVE THE VALUE OF RS50 LAKHS IS EFFECTIVE FROM 01-06-2013, A NOTIFICATION TO THIS EFFECT IS PLACED BY THE INCOME TAX DEPARTMENT.  THIS NOTIFICATION IS NOT APPLICABLE TO AGRICULTURAL LANDS.

ONLINE TDS PAYMENT IS AVAILABLE AND THOSE, WHO CANNOT ACCESS IT, CAN MAKE/DEPOSIT THE TAX IN THE AUTHORISED BANKS.

THE VALUE OF THE PROPERTY IS CONSIDERED ON THE GUIDELINE VALUE PUBLISHED BY THE DEPARTMENT OF STAMPS AND REGISTRATION OR THE CONSIDERATION AMOUNT, WHICHEVER IS HIGHER.

NOTICE TO OVER 1,75,000 INCOME TAX ASSESSEES WHO HAVE NOT FILED THEIR INCOME TAX RETURNS


THE INCOME TAX DEPARTMENT HAS IDENTIFIED 12 LAKH NON-FILERS AND HAVE STARTED THE EXAMINATION OF THE DATA AND HAS ISSUED 1,75,000 NOTICES AND MORE IS EXPECTED SOON.

The Income Tax Department has also initiated a Data Warehouse and Business Intelligence (DW & BI) Project to develop an integrated platform for effective utilisation of information to promote voluntary compliance and deter non-compliance

AKRAMA-SAKRAMA SCHEME MAY BE MODIFIED


THE MUCH AWAITED REGULARISATION SCHEME MIGHT BE REVIEWED AND MODIFIED TO COVER THE ENTIRE SPECTRUM OF DEVIATION, VIOLATION AND IRREGULARITIES UNDER KLR ACT, KMC ACT AND KTCP ACT WITH A VIEW TO SLAP A HEFTY PENALTY, THAT MIGHT DISCOURAGE THE FUTURE VIOLATIONS AND PROVIDE MUCH NEEDED REVENUE TO THE MUNICIPALITIES FOR THE DEVELOPMENT OF INFRASTRUCTURE.

 

PUBLIC INTEREST LITIGATION ON THE RECOVERY OF GOVERNMENT LANDS


THE HIGH COURT OF KARNATAKA HAS ISSUED NOTICES TO THE CENTER AND THE STATE GOVERNMENT ON A PIL FILED BY MR.HIREMUTT, ON THE RECOVERY OF THE GOVERNMENT LANDS AND ACTION PROPOSED TO BE TAKEN ON THE IRREGULARITIES.

THE PIL IS FILED ON THE BASIS OF THE A.T.RAMASWAMY COMMITTEE REPORT AND THE STF REPORT HEADED BY SRI.V.BALASUBRAMANIAN.I.A.S.(RETD).

THE NEW GOVERNMENT MIGHT TAKE SERIOUS NOTE OF THE ISSUE AND TAKE STRICT ACTION AGAINST THE OFFENDERS AND ENCROACHERS.

SOME ILLEGAL AND UNAUTHORISED (CLAIMED TO BE)GATED COMMUNITIES VALUED OVER RS500 TO RS800 CRORES AND APARTMENTS BUILT ON INDUSTRIAL LANDS IN PATTANDUR AGRAHARA WILL BE REEXAMINED AND ULTIMATELY THE GOVERNMENT WILL RECOVER SUCH PROPERTIES.

HAD THE BUYERS WERE DILIGENT AND CONDUCTED THOROUGH A ENQUIRY INTO THE TITLES AND THE COMPLIANCE, BEFORE THE PURCHASE, WOULD NOT HAVE LANDED IN THIS SITUATION?

BMTF- HAS NOT SHUT SHOP – AAG TO THE COURT


THE GOVERNMENT HAS STATED THAT IT HAS NOT ISSUED ANY ORDER/NOTIFICATION REGARDING THE TERMINATION OR DISCONTINUANCE OF THE TASK FORCE AND THE FORCE WILL CONTINUE.

A MEGA RESIDENTIAL PROJECT IN BANGALORE EAST IS UNDER THE LENS FOR THE ALLEGED IRREGULARITY/VIOLATION, IN THE SANCTION OF BUILDING PLAN BY BDA !!!!!

 

RECOVERY OF GOVERNMENT LANDS – PLAINT IN SUPREME COURT


A CIVIC ACTION GROUP HAS SUBMITTED A PLAINT IN THE SUPREME COURT OF INDIA TO DIRECT THE STATE GOVERNMENT TO GIVE A LEASE OF LIFE TO THE INFAMOUS SPECIAL TASK FORCE FORMED TO CHECK THE ENCROACHMENT OF GOVERNMENT LANDS IN KARNATAKA AND CONDUCT INVESTIGATION AND RECOVER THE GOVERNMENT LANDS ON THE BASIS OF A.T.RAMASWAMY COMMITTEE REPORTS.

BMTF POWERS


THE POWERS TO BE, LAND MAFIA, BUILDER MAFIA, CORRUPT BABUS AND THE POLITICIANS FORMED A COTERIE, SCUTTLED THE POWERS AND THE JURISDICTION OF BMTF AND RENDERED IT TOOTHLESS,FOR THEIR BENEFIT AT THE COST OF THE COMMON MAN.

BMTF, WHICH STRUCK THE ILLEGAL CONSTRUCTIONS AND ENCROACHMENTS IN AND AROUND BANGALORE, BOOKED CASES AGAINST THE ILLEGALITIES AND IRREGULARITIES HAS TO STAY OFF FROM ARRESTING THE CULPRITS AND BOOKING THEM.

IT IS OF SERIOUS CONCERN TO THE LAW ABIDING CITIZEN AND THE HONEST BUYERS OF THE PROPERTIES.

IT IS LEARNT THAT A COMMITTEE, WITHOUT THE PARTICIPATION OF THE AFFECTED-THE COMMON MAN– FORMED TO SUGGEST/RECOMMEND WAYS AND MEANS TO TAME THE BMTF, THE COMMITTEE HEADED BY A RETIRED BUREAUCRAT SUGGESTED/RECOMMENDED TO WITHDRAW THE POWERS DELEGATED TO BMTF.

URBAN PROPERTY OWNERSHIP RECORD – PROPERTY ID IN BANGALORE


THE NOVEL SCHEME INITIATED BY THE REVENUE DEPARTMENT TO PROVIDE IDENTIFICATION RECORDS HAS SOME NOVEL PROCEDURES.

1). THE DEPARTMENT WILL ISSUE NOTICE TO THE PROPERTY OWNER TO PRODUCE ALL THE RELEVANT DOCUMENTS TO THE PROPERTY.

(50% does not have proper records and 75% of the buildings have abnormal violaion or deviation or not constructed as per sanctioned building plan. 75% of the commercial buildings does not have OCCUPANCY CERTIFICATE)

2). THE RECORDS WILL BE VERIFIED.

(tooooooooooooo mmmmmmmmmany defects and discrepancy will be found)

3). THE DETAILS WILL BE PLACED FOR VERIFICATION/INSPECTION(PUBLIC) AND INVITE OBJECTIONS OR COMMENTS OR AMENDMENT OR OMISSION REGARDING THE PROPERTY DETAILS.

4). A NOMINAL VERIFICATION OR THE PROCESS FEE WILL BE CHARGED.

5). UPOR IS ISSUED.

SUADELA CONSTRUCTIONS-HIRANANDANI UPSCALE- ARE THEY CHEATING THE BUYERS?


THE SUADELA CONSTRUCTIONS(HIRANANDANI), DLF HOMES AND ANNABELA PVT LTD HAVE BEEN BOOKED U/S.119,217,218,181,197,420,R/W34 OF INDIAN PENAL CODE, 1860,320,321,321(B) OF KARNATAKA MUNICIPAL CORPORATION ACT OF 1976 OF KARNATAKA AND THEY HAVE OBTAINED A STAY ORDER FROM THE HIGH COURT OF KARNATAKA, IN THIS GIVEN SITUATION, IS IT WISE TO PAY MONEY AND ENTER INTO AN AGREEMENT OF SALE? THIS IS THE QUESTION IN THE MINDS OF MANY BUYERS.

ANOTHER PARALLEL INVESTIGATION IS BEING CONDUCTED ON THE DIRECTIONS BY THE LOKAYUKTA COURT IS UNDERWAY.

THIRD, THE BBMP, JOINT COMMISSIONER HAS CONDUCTED A SURVEY AND THE REPORT HAS BEEN SUBMITTED ON 31-07-2012 HIGHLIGHTING IRREGULARITIES.

SOME OF THE BANKS ARE LITTLE HASTY IN PROCESSING THE LOANS FOR THESE PROJECTS. 

ONE OF THE TOP BUREAUCRAT WAS SUPPOSED TO HAVE BEEN ARRESTED, BUT LUCKILY PULLED THE STRINGS AT THE RIGHT TIME, EVADED THE ARREST, FOR HIS INVOLVEMENT IN THIS CRIMINAL EPISODE. HOPE TONS OF MONEY PLAYING  its WILD ROLE IN COVERING UP THIS MESS, BUT THE LAW HAS OVERTAKEN THE MONEY POWER.  

WHO IS THE ULTIMATE VICTIM-(The sufferer) THE FOOLISH BUYERS !! STILL PAYING MONEY!!!

BOREWELLS AND OPEN WELLS WITHIN BBMP LIMITS


THE KARNATAKA GOVERNMENT HAS NOTIFIED THAT UNDER THE KARNATAKA GROUND WATER(REGULATION AND CONTROL OF DEVELOPMENT AND MANAGEMENT ACT)2011, ANY PERSON/S DESIROUS OF DRILLING A BOREWELL OR AN OPEN WELL MUST OBTAIN/SEEK/GET/ THE PERMISSION FROM THE APPROPRIATE JURISDICTIONAL AUTHORITY. BWSSB HAS THE POWERS TO GRANT THE PERMISSION TO DRILL/DIG A WELL OR A BOREWELL WITHIN THE BBMP JURISDICTION.

EXISTING USERS MUST ALSO REGISTER WITH BWSSB.

THE ORDER READS THUS:

11. Grant of permit to extract and use groundwater in the notified area.- (1) Subject to the provisions of any law relating to protection of public sources of drinking water, any user of ground water desiring to drill or dig a well in the notified area for any purpose either on personal or community basis shall apply to the authority for grant of permit for this purpose and shall not proceed with any activity connected with such drilling or digging unless a permit has been granted by the authority.

(2) Every application under sub-section (1) shall be made in such form, shall contain such particulars and in such manner accompanied by such fee for different purposes like industrial, commercial entertainment, agricultural and domestic etc., and for different areas, as may be prescribed.

(3) On receipt of an application under sub-section (1), if the Authority is satisfied that it shall not be against public interest to do so, it may grant subject to such conditions and restrictions as may be specified therein, a permit authorizing drilling or digging of a well for the extraction and use of groundwater. The conditions shall include mandatory provision of artificial recharge structures of appropriate size to be constructed by the applicant within a period as specified by the authority:

Provided that no person shall be refused of a permit unless he has been given an opportunity of being heard.

(4) The decision regarding grant or refusal of their permit shall be intimated by the Authority to the applicant within a period of sixty days from the date of receipt of the application.

(5) In granting or refusing a permit, the Authority shall have regard to the following, namely:-

(a) The purpose for which the groundwater is to be used-domestic, agriculture, industry, commercial, establishments entertainment,-indicate sale/own use or both;

(b) No permit shall be given for water intensive crops like paddy, sugarcane in notified areas;

(c) The existence of other competitive users;

(d) The availability of groundwater and the need to conserve it;

(e) Quantity of groundwater to be drawn;

(f) Quality of groundwater with reference to use;

(g) Spacing of groundwater structures keeping in consideration, the purpose for which the groundwater is to be used.

(h) Long term groundwater level behaviour;

(i) Its likelihood of adversely affecting water availability of any drinking water sources in its vicinity;

(j) Priority may be given for those who adopt sprinkler and drip irrigation system;

(k) Any other factors relevant thereto.

(6) The permit shall be subject to such terms and conditions and in such form as may be prescribed.

12. Registration of existing users in the notified areas.- (1) Every existing user of groundwater in the notified area shall within a period of one hundred twenty days from the date of declaration as notified area by the Government shall apply to the authority for grant of a certificate of a registration recognizing its existing use in such form and in such manner as may be prescribed:

Provided that the authority may entertain any such application after the expiry of the said period of one hundred and twenty days if it is satisfied that the user was prevented by sufficient cause from filing application in time.

(2) The details to be furnished in an application under sub-section (1) shall include the following, namely:-

(a) The description of the source of groundwater, such as type of well, its exact location;

(b) The lifting device used;

(c) The quantity of ground water withdrawal and hours of operation per day;

(d) The total period of use in each year;

(e) The purpose or purposes for which groundwater is being extracted;

(f) In case the requirement of ground water is for purpose of drinking water, the approximate population to be served;

(g) In case of irrigation well, the location and extent of area irrigated; and the crops grown;

(h) In the case of State and Central Government, Local authorities or Community run water supply schemes, the details of the services involved in addition to the quantities of ground water extracted, the diversion or the pumping points and their locations.

(3) On receipt of an application under sub-section (1), the Authority may, after such enquiry as it may deem fit and after satisfying itself, grant a registration certificate in such form, for such period and subject to such condition as may be prescribed.

 (4) The decision regarding the grant or refusal of the certificate of registration shall be intimated by the authority to the applicant within a period of thirty days from the date of receipt of the application.

(5) In granting or refusing a certificate of registration under sub-section (3) the Authority shall have due regard to the following:-

(a) The purpose for which the groundwater is to be used;

(b) In case of applicants growing water intensive crops like paddy and sugarcane, an undertaking shall be obtained from them for change of heavy duty crops to light duty crops and such change to be incorporated in the certificate of registration.

(c) The existence of other competitive users;

(d) The availability of groundwater and the need to conserve it; quantity of groundwater to be drawn;

(e) Quality of groundwater with reference to use;

(f) Spacing of groundwater structures keeping in consideration, the purpose for which ground water is to be used;

(g) Long term groundwater level behaviour;

(h) Any other factors relevant thereto.

(6) The certificate of registration shall be in such form as may be prescribed.

(7) Pending the communication by the authority of the decision on the application under sub-section (1), every existing user of ground water in the notified area shall be entitled to the continued use of ground water in the same manner and to the same quantity as he was entitled prior to the date of his application.

(8) If a registered well becomes defunct this fact should be immediately brought to the notice of the authority by the user of groundwater and shall seal the defunct bore well in order to avoid untoward incidents.  

424 ILLEGAL AND UNAUTHORISED LAYOUTS IN BMRDA JURISDICTION !!!!!!!!!!!!!!


ILLEGAL AND UNAUTHORISED LAYOUTS IN BMRDA JURISDICTION

BMRDA HAS IDENTIFIED AND HAVE INITIATED ACTION AGAINST 424 ILLEGAL AND UNAUTHORISED LAYOUTS IN ITS JURISDICTION IN ANEKAL, MAGADI, KANAKAPURA ROAD, NELAMANGALA ,HOSKOTE, DEVANAHALLY AND MYSORE ROAD AREAS.IT IS RELIABLY LEARNT THAT THE AUTHORITY HAS APPROACHED THE REVENUE DEPARTMENT AND THE JURISDICTIONAL SUB-REGISTRARS FOR DETAILS AND APPROPRIATE ACTION AGAINST THE OFFENDERS IN SOME CASES.

RECOVERY OF GOVERNMENT LANDS IN AND AROUND BANGALORE


 The Jagadish Shettar government is considering a proposal to revive the A T Ramaswamy committee report on encroachment of government land in Bangalore, which has unearthed over 40,000 acres land worth Rs 50,000 crore encroached in and around Bangalore.

The report of task force on government land encroachment across the state headed by V Balasubramaniam would also be taken up. The government has short listed retired additional chief secretaries K Jairaj and Mr.V.Balasubramaniam (task force head) to suggest government ways and means to implement both the reports. This action by the Government has sent shivers down the spine of land mafia, land developers, encroachers and violators. 

After a long time, it seems that the Government is serious about initiating action and recovering the public properties.

REGULARISATION OF UNAUTHORISED CONSTRUCTION(RURAL)KARNATAKA BILL RETURNED


THE HONOURABLE GOVERNOR OF KARNATAKA HAS REJECTED AND RETURNED THE BILL, WHICH HAD BEEN PLACED BEFORE HIM FOR HIS ASSENT TO REGULARISE THE UNAUTHORISED CONSTRUCTIONS IN RURAL KARNATAKA CITING THAT THE BILL WILL NOT BENEFIT THE PUBLIC AND WILL HELP THE LAND MAFIA (ILLEGAL-MAFIA RAJ)AND UNAUTHOISED CONSTRUCTION. THE BILL WAS DRAFTED ON THE SAME LINES OF AKRAMA-SAKRAMA, HAS ALSO BEEN BOOTED.

ILLEGAL AND UNAUTHORISED LAYOUTS WITHIN BDA LIMITS


THERE IS A NEWSPAPER REPORT REGARDING THE ILLEGAL AND UNAUTHORISED LAYOUTS WITHIN THE JURISDICTION OF BDA AND THE TOWN PLANNING AUTHORITIES HAVE STATED THAT THERE ARE OVER 1000 SUCH LAYOUTS.  THE OFFICIAL BDA WEBSITE STATES THAT THERE ARE 120 LAYOUTS BUT UNOFFICIALLY IT IS 1000. ALL THESE ILLEGAL LAYOUTS ARE WAITING FOR AKRAMA-SAKRAMA FOR REGULARISATION.

SHIVARAM KARANTH LAYOUT – DENOTIFICATION ISSUE


CHIEF MINISTER SRI.D.V.SADANANDA GOWDA HAS ASSURED THE LEGISLATURE ASSEMBLY THAT HE WOULD ORDER A COD ENQUIRY INTO THE DENOTIFICATION OF 800 ACRES OF LANDS IN THE PROPOSED DR.SHIVARAMA KARANTH LAYOUT. 

IT IS RELIABLY LEARNT THAT MANY UNSUSPECTING AND INNOCENT BUYERS HAVE BOUGHT GOLMAL PROPERTIES IN THE ACQUIRED LANDS DEVELOPED BY LAND MAFIA.  MOST OF THEM ARE IN THE FORM OF REVENUE, DC CONVERTED AND GRAMATHANA SITES.  SOME BUYERS ARE HOLDING GPA DOCUMENTS FOR THE SITES BOUGHT BY THEM. ALL OF THEM ARE LOSERS. THEY CAN NEITHER BE THE OWNERS OF THE PROPERTIES BOUGHT BY THEM NOR WILL THEY GET ANY COMPENSATION FROM BDA. 

SJR LUXURIA- SJR DEVELOPERS PROJECT AT BANNERGATTA ROAD (ARAKERE) IS IN SERIOUS TROUBLE


A NEWS REPORT ON ALLEGED VIOLATION

THE LOKAUYKTA COURT HAS DIRECTED THE POLICE TO INVESTIGATE AND SUBMIT THE REPORT ON THE ALLEGED VIOLATION BY THE GOVERNMENT DEPARTMENT AND THE OFFICIALS IN DENOTIFYING AND SANCTIONING THE BUILDING PLAN FOR A 7 ACRES AND 29 GUNTAS,(1-17 ACRES FOR THE OWNERS/LANDLORDS RESIDENCES) RESIDENTIAL COMPLEX ENTERED INTO BETWEEN SJR DEVELOPERS AND THE SAID LAND LORDS IN  CLEAR VIOLATION OF THE CONDITIONS LAID DOWN IN THE DENOTIFICATION ORDER.  

THE PLAINT MR.LAKSHMINARAYAN, HAS SUBMITTED A COMPLAINT TO THE COURT WITH ALL RELEVANT DOCUMENTS AND THE COURT FELT THAT IT IS A FIT CASE AND MUST BE INVESTIGATED AS IT FOUND SOME PRIMA FACIE EVIDENCE.

THE DEVELOPER AND THE BUYERS ARE IN SERIOUS TROUBLE AND A LONG DRAWN LEGAL BATTLE WILL ENSUE. 

THE SURVEY NUMBERS affected ARE:100,100/p AND 101, Arkere village, Bangalore South Taluk, Bangalore Urban District.

EXTENT: 7.29 ACRES.

INVESTIGATION AGAINST : 13 OFFICIALS.

REPORT TO BE SUBMITTED WITHIN, 30TH, MARCH,2012.

CASE: SUPPRESSION OF FACTS.

ISSUE:

THE AFORESAID SURVEY NUMBERS WERE NOTIFIED FOR THE CREATION OF BDA LAYOUT.  THE LAND LORDS CONTENTED THAT THEY HAD BEEN UTILISING THE SAID LANDS AS NURSERY(DEVELOPMENT OF NURSERY,PLANTS, SEEDS AND SEEDLING) BASED ON THEIR APPLICATION, THE GOVERNMENT DENOTIFIED THE SAID LAND ON THE CONDITION, IT MUST BE USED ONLY FOR THE PURPOSE OF GROWING PLANTS, DEVELOPING SEEDLINGS & NURSERY.  IF THE APPLICANTS DEVIATE OR VIOLATE, THE DENOTIFICATION ORDER STANDS AUTOMATICALLY CANCELLED.  ANY DC CONVERSION AND SANCTION OF BUILDING PLAN OBTAINED BY  SUPPRESSING THE FACTS OR HIDING THE TRUTH OR THE CONTENTS OF THE OR THE CONDITIONS OF THE DENOTIFICATION ORDER OR MISREPRESENTATION OF FACTS IS BAD IN THE EYES OF LAW OR ILLEGAL.

THE PETITIONER HAS CLEARLY STATED THAT IN CLEAR VIOLATION OF THE CONDITION LAID DOWN, ON WHICH IT HAD BEEN DENOTIFIED, THE LANDLORDS ILLEGALLY ENTERED INTO A JOINT VENTURE AGREEMENT WITH THE BUILDER TO DEVELOP THE PROPERTY AND HAS NAMED 13 OFFICIALS, WHO HAD CLEARED THIS PROJECT AND SANCTIONED THE BUILDING PLAN.   EVEN THOUGH, MANY COMPLAINTS WERE LODGED, THE OFFICIALS TURNED BLIND EYE, HENCE THIS PETITION AND INVESTIGATION.