High Court of Karnataka Quashes the LAND ACQUIRED BY KRISHNAPPA FOR BANGALORE CITY CO-OPERATIVE HOUSING SOCIETY AT VAJARAHALLY-KANAKAPURA ROAD-


The High Court of Karnataka has allowed the appeal by Seetharam and others of Thalagattapura, regarding the illegalities and the validity of the land acquisition by One Krishnappa and Rajendra Enterprises and directed the present owners to return 189 Acres of land to the original owners with immediate Effect, but, since, a layout has been formed by the society with the BDA approval, the present site owners or the house owners can negotiate the price (present market price) with the original owners and can get it conveyed or confirmation deed can be executed.

This legal battle had been lingering on for years and even approached the Supreme Court Of India and finally, hope the curtains are down now.

The JUDGEMENT.

bangalore city co op society judgement on 13-4-2017-page 65

bangalore city co op society judgement on 13-4-2017-page 66-

 

 

BETTERMENT/IMPROVEMENT CHARGES TO BE COLLECTED BY BBMP


Finally, the High Court has dismissed the petitions against the collection of Betterment charges or Improvement charges on DC Converted Properties, (full extent as in the OM) or those who have executed the affidavit at the time of obtaining katha for the entire or full extent,  stating that as and when the BBMP begins the collections, the charges will be paid, can pay the charges now.  The BBMP may issue a circular in this regard very soon.

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.

– DLF SOUTHERN HOMES PRIVATE LIMITED , ANNABEL DEVELOPERS AND BUILDERS AND SAUDELA CONSTRUCTIONS PRIVATE LIMITED – BEGUR ROAD – BANGALORE SOUTH – UNDER LITIGATION – NO SALES – NO SALE DEEDS – NO POSSESSION – NOT TO CREATE THIRD PARTY INTEREST – HIGH COURT ORDERS


THE HIGH COURT OF KARNATAKA HAS RESTRAINED THE FOLLOWING THREE BUILDERS FROM CREATING THIRD PARTY INTEREST IN THE APARTMENTS OR PROJECTS ON MULTISTORIED APARTMENT COMPLEX AT BEGUR VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK, TILL FURTHER ORDERS.

M/S.Sudela Constructions Private Limited (HIRANANDANAI)  IN BANGALORE SOUTH (HIRANANDANI UPSCALE), DLF BANGALORE SOUTH AND ANNBEL BUILDERS AND DEVELOPERS BEGUR VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK IS  UNDER PERPETUAL LITIGATION AND SCRUTINY.  THERE IS NO END IN SIGHT.

BUT THE CONSTRUCTION IS ON AND THE MARKETING TEAM SHOWS THE BUYERS THAT EVERYTHING IS ALLRIGHT AND THE CONSTRUCTION IS IN FULL SWING. 

DLF SOUTHERN HOMES PRIVATE LIMITED AND ANNABEL BUILDERS AND DEVELOPERS FLOATED (PRELAUNCH) THEIR PROJECTS IN 2009 WITH FRAUDULENT MANIPULATION OF THE STATUTES WITH THE CONNIVANCE OF THE OFFICIALS AND THESE PROJECTS ON THE BEGUR ROAD HAVE BEEN UNDER LITIGATION SINCE ITS INCEPTION AND YESTERDAY, THE HIGH COURT OF KARNATAKA HAS RESTRAINED THESE BUILDERS NOT TO CREATE ANY THIRD PARTY INTEREST IN THE SCHEDULE PROPERTIES OR APARTMENTS CONSTRUCTED ON THESE SURVEY NUMBERS AND ANY SUCH CONVEYANCE OR SALE DEEDS OR SALE AGREEMENT IS IN TOTAL CONTRAVENTION OF THE HIGH COURT ORDER.  THERE SEEMS TO BE A CBI INVESTIGATION IS ALL SET AND BUYERS OR THOSE WHO HAVE ALREADY BOOKED ARE UNDER SEVERE STRAIN AND THOSE WHO HAVE OCCUPIED MAY NOT GET THE OCCUPANCY CERTIFICATE AND CANNOT RESELL THESE APARTMENTS.

FURTHERMORE, THE SURVEY CONDUCTED BY THE CONCERNED DEPARTMENT HAS ALSO DETECTED DISCREPANCIES IN THE SAID PROJECTS, WHICH MIGHT ALSO INVESTIGATED.

THE CIVIC AMENITY SITES, RAJA KALUVE, BANDI DAARI, KAALU DAARI, NAALA AND PARKS ARE THE PROPERTIES OF THE GOVERNMENT AND IT IS NOT THE PRIVATE PROPERTIES OF THESE BUILDERS, ANY COMMON MAN CAN USE IT.  IT IS A PUBLIC PROPERTY. FENCING OF THESE CIVIC AMENITY SITES ARE ILLEGAL IN THESE PROJECTS.  THE BUYERS ARE NOT AWARE OF IT. 

ALONG WITH THE EXISTING LITIGATIONS AND COMPLICATIONS, THE ORIGINAL LANDLORDS ARE CONTEMPLATING TO INITIATE TITLE SUITS AGAINST SOME OF THE BUILDERS IN THE SAME SURVEY NUMBERS, AS SOON AS THE AFORESAID LITIGATION COMES TO AN END.

It is also observed that there are several litigation pending against promoters/developer in various Courts, for violation of rules laid down by BDA/BBMP, even BMTF already filed a case in Chief Metropolitan Magistrate Court against the M/s.XXXXXXXXXXXX Pvt. Ltd. vide case No.CRxxxxxx and in Lokayuktha Court also there is a case pending against them. The developers filed Criminal Petition No.XXXX/20XX in the Hon’ble High Court of Karnataka and got temporary stay against the BMTF, but the Lokayuktha Court case is going on. The worshipful mayor had ordered the complete survey of lands at Begur and give detailed reports about width of the Road, CA Zones and encroachment by the builders/developers. All these cases has to be decided and if they get the order in their favour than only the developers/promoters can get into agreements with prospective clients, who are interest to buy the property promoted by them.

 Apart from these the developers/promoters has to produce XXXXXXXX with clear drawings by XXXX Surveyor to all the survey numbers. To produce the clear sketch in all the survey numbers ear marking the Raja Kaluve, Bandi Dari, Kharab Land and Kalyani. To produce the Commencement Certificates, previous sanctioned plan, TDR related documents with respect to 5% of lands relinquishment.

 If anyone or all of the NOC’s permissions, licenses, approvals, consents from any authority or department or board, obtained from BDA, Deputy Commissioner, Police Department, BBMP, BWSSB, KSPCB, Fire and Emergency Services, BSNL, GIS on and by the misrepresentation of facts and in contravention to the prevailing laws, all of them stands cancelled without notice or intimation.

 It is seen that the Developer/Builder/Sellers has deliberately misrepresented the facts and obtained all the aforesaid applicable Permissions, License and Apoproval of building plan from the concerned department and authorities which is not legally valid. Prosecution proceedings may be instituted by the concerned authorities against the offenders for violation.

READYMADE ANSWERS FROM THESE BUILDERS, DEVELOPERS AND LITIGANTS ARE AS UNDER:

 

` OUR BUILDER CAN DO ANYTHING AND EVERYTHING`      `HE WILL SETTLE IT`, `IT IS A FRIVULUS LITIGATION`,  OUR BUILDER IS WELL CONNECTED AND POWERFUL, `YOU NEED NOT WORRY ABOUT IT`,  FURTHER, IF THE BUYER INSISTS, THE FINAL ANSWER `SIR, IF YOU DO NOT WANT IT, WE HAVE TOO MANY BUYERS AT THIS PRICE, WE WILL RESELL IT FOR YOU`

WITH THIS KIND OF ANSWERS, THEY SUCK YOUR MONEY AND IT WILL GO INTO DRAINS

ALL THESE BUILDINGS/COMPLEX /RESIDENTIAL PROJECTS HAVE BEEN APPROVED BY LEADING BANKERS

 

Salarpuria Towers in Koramangala – temporary relief from High Court – Old Game


The High Court of Karnataka has stayed the order of the Land Tribunal, which on July 16 declared that the land on which the building was built vest with the State government, based on which the district administration recently took over the building.

Justice B. Sreenivase Gowda passed the interim order on Thursday, staying the July 16 order of the tribunal for eight weeks, after hearing the petitions filed by Salarpuria Profin Pvt. Ltd. and Sattva Real Estate Pvt. Ltd.

AKRAMA GETS NOTICE FROM THE HIGH COURT


THE HIGH COURT OF KARNATAKA HAS ISSUED A NOTICE (TODAY) TO THE STATE GOVERNMENT ON THE AKRAMA-SAKRAMA SCHEME TO BE IMPLEMENTED AND SCHEDULED THE HEARING OF THE PETITION ON 13-05-2015.

IF THE PETITION IS NOT ALLOWED OR A STAY ORDER TO THE AMENDMENT IS NOT ISSUED, THE PLAINTIFFS MAY APPROACH THE APEX COURT.

AKRAMA – SAKRAMA MAY GET CLEARANCE FROM THE HIGH COURT TODAY – UPDATE ON REGULARISATION OF ILLEGALITIES


THE NOTORIOUS ILLEGAL SCHEME OF REGULARISING THE ILLEGALITIES OF VIOLATION AND DEVIATION IN THE FORMATION OF LAYOUTS AND BUILDINGS IN KARNATAKA MAY GET CLEARANCE FROM THE COURT, IF EVERYTHING OR EVERY OTHER THING GOES WELL AND ALL THE ILLEGAL PROPERTY OWNERS CAN OBTAIN THE BENEFIT.

THIS WILL ENABLE THE B FORM OWNERS (not all)TO GET THEIR PROPERTIES REGULARISED.

BBMP WARNED – DEMOLITION OF ILLEGAL BUILDING IN RICHMOND ROAD, BANGALORE – DO YOU DARE TO TAKE ACTION LIKE THIS ON ILLEGAL BUILDINGS IN NEIGHBOURHOOD?????



A PRESS REPORT

HIGH COURT DIRECTION AND WARNING TO BBMP TO DEMOLISH THE ILLEGAL AND UNAUTHORISED STRUCTURE IN THE HEART OF THE CITY – RICHMOND ROAD.

THE COMPLAINT WAS LODGED BY THE NEIGHBOURS!!

BBMP had not followed the court’s five-month-old order to raze the construction

Warning the BBMP officials for not performing their duties, the High Court on Monday gave them just one day to complete demolition of an illegal construction near Richmond Road. The BBMPadvocate pleaded for more time, but the court ordered that BBMP report to the court by 10.30 am on December 10 about complying with its earlier order. 

The HC had in August this year ordered the removal of the construction that had violated building plans. Without mincing words about the way BBMP functioned, the court said that ever since the order was passed in August, the BBMP commissioner, along with his entourage of officers from the peon upwards, had remained silent on the issue for various considerations. “They have failed to perform their statutory duties and obligations. If engineers think the purpose of statutes is for statistical purpose, they are sadly mistaken. There is no plausible explanation for not carrying out the orders passed in August 2014. The officers concerned are primarily responsible for this fiasco. The respondents (Zonal joint commissioner, BBMP, executive engineer, Ward 111 and assistant executive engineer, Ward 111) are to execute the order and report by 4.30 pm,” the court ordered. 

But the BBMP advocate sought more time, pleading, “give at least 24 hours, so that it can be done honourably.” The court said, “there is nothing honourable in what you (BBMP) are doing. I am telling this on your face.” The advocate pleaded that there was much stress involved in doing things. “Do you know what stress is? Stress is what has happened since August,” the court said. The court then gave BBMP time till 10.30 am on Wednesday to execute its August order. 

The Rustumji Residency Owners Association had filed the petition against a construction in a property next to it that had allegedly violated building laws. The BBMP was made a party and the court in August passed the order for removing the illegal construction. The BBMP had not followed the orders. The Association filed one more petition. 

Photos of the construction, on how it was on the day of the earlier order and what had happened after that, were presented before the court.

KEMPEGOWDA LAYOUT NOTIFICATION QUASHED


THE HIGH COURT OF KARNATAKA HAS QUASHED THE NOTIFICATION ISSUED BY THE BDA FOR THE ACQUISITION OF 4000 ACRES OF LAND FOR THE FORMATION OF KEMPEGOWDA LAYOUT TO FORM 54000 SITES IN KENGERI AND SURROUNDING AREAS ON WEDNESDAY.

THIS COMES AS A SHOCKER TO THE GOVERNMENT AS THE PROCEDURES HAD NOT BEEN FOLLOWED AS LAID DOWN IN THE BDA ACT, BUT THE GOVERNMENT HAS POWERS TO COME OUT WITH ANOTHER NOTIFICATION, BY PROPERLY FOLLOWING THE PROCEDURES. 

THE PROCEDURAL LAPSES AND THE LAXITY OF THE OFFICIALS HAVE BROUGHT DOWN THE CURTAINS ON THE PROPOSED LAYOUT.

BBMP RESOLUTION TO ISSUE KATHA TO REVENUE SITES – PROPOSAL SENT TO THE GOVERNMENT


The Bruhat Bangalore Mahanagara Palike (BBMP) has passed a resolution to issue `A` katha to all the betterment paid revenue sites at its council meeting on Wednesday and will soon be sent to the government for approval.

However, collection of one-time betterment charges/ fee will commence only after the government approves.

The government has already framed rules and regulations for the Akrama Sakrama scheme, the BBMP cannot issue a circular on collection of betterment charges from revenue sites without getting the approval from the government. The Government is in a fix over couple of stay orders in the High Court regarding the notorious Akrama Sakrama Scheme, and is unlikely to approve it as it is against the Court Order.

 

CLARIFICATION ON THE NOTIFICATION OF AKRAMA SAKRAMA


THE AKRAMA SAKRAMA NOTIFICATION WILL COME INTO EFFECT ONCE IT IS CLEARED BY THE HIGH COURT OF KARNATAKA.

 

DEMOLITION MAN – II AT WORK – WATCH ON LOCAL NEWS TV`S


DEMOLITION MAN – II

WAITING IN THE WINGS!!!

THE GOVERNMENT IS SERIOUS AND HAS BEEN UNWILLINGLY COMPELLED TO INITIATE APPROPRIATE PROCEEDINGS TO RECOVER THE HIGHLY VALUABLE LANDS FROM THE LAND MAFIA (A GROUP OF DEVELOPERS AND BUILDERS), POLITICIANS AND ILLEGAL OCCUPANTS DUE TO THE PRESSURE FROM THE PIL AND THE HIGH COURT OF KARNATAKA.

MORE TO COME SOON.

DEMOLITION MAN KNOCKS AT THE DOOR OF AN APARTMENT ATBANGALORE


A NEWS REPORT:

THE HIGH COURT OF KARNATAKA HAS DIRECTED THE BBMP TO REMOVE THE UNAUTHORISED PORTIONS OF AN APARTMENT BLOCK, WHICH HAS ENCROACHED UPON THE PEDESTRIAN FOOTPATH AND THE ROAD IN BANGALORE AND SOON THE DEMOLITION MAN WILL BE KNOCKING ON THE DOORS OF THE ILLEGAL CONSTRUCTION.

LATEST BETTERMENT CHARGES CIRCULAR – BBMP


BBMP DIRECTIONS ON BETTERMENT CHARGES – :

CIRCULAR -BBMP
CIRCULAR -BBMP

Permanent Benches of Karnataka High Court at Dharwad and Gulbarga Districts in the State of Karnataka


The Union Cabinet today gave its approval for the establishment of permanent benches of the Karnataka High Court at Dharwad and Gulbarga Districts in the State of Karnataka. Establishment of Permanent Benches of the Karnataka High Court at Dharwad and Gulbarga would facilitate better access for justice to litigants of the Districts, covered under the jurisdiction of the Dharwad and Gulbarga Benches. It will also help in speedy disposal of cases with consequent reduction in pendency in the High Court.

The proposal to make the Circuit Benches permanent has been approved by both the State Government and Chief Justice of the High Court.

BETTERMENT CHARGES/IMPROVEMENT CHARGES BY BBMP ORDER QUASHED BY HIGH COURT


THE HIGH COURT OF KARNATAKA HAS QUASHED THE ORDER OF THE BBMP REGARDING THE COLLECTION OF IMPROVEMENT CHARGES AS UNFAIR AND DIRECTED THE BBMP TO DEVISE A MECHANISM TO LEVY IT SYSTEMATICALLY.  THE BBMP SUB COMMITTEE RESOLVED TO LEVY RS550/- A SQUARE METER AS IMPROVEMENT CHARGE BASED ON THE OBSERVATION MADE ON 28-09-2012 BY THE COURT, THE COURT HAS TERMED IT AS UNFAIR AND HAS DIRECTED THE BBMP TO REVISE IT SYSTEMATICALLY.

AKRAMA-SAKRAMA HAS NO PROVISION FOR LARGE SCALE VIOLATION &DEVIATIONS– DO YOU HAVE SOLUTIONS?


AKRAMA-SAKRAMA HAS NO PROVISION FOR LARGE SCALE VIOLATION &DEVIATION

NO PROPER ANSWERS YET!!!!!!!!!!!!!!!!!!!!!! FROM THE GOVERNMENT

THE AKRAMA-SAKRAMA WRIT PETITION IS SLATED FOR HEARING(FINAL) ON 11-04-2011 IN THE HONOURABLE HIGH COURT OF KARNATAKA.

What is the penalty for properties that have exceeded the set of violations limits prescribed under the law? AKRAMA-SAKRAMA HAS NO ANSWER TO THIS BIG QUESTION.  The new amendment bill passed in the assembly concentrates only on the penalties for smaller violations. The Government could not get the ASSENT of the Governor of Karnataka.

Gross violations across the city far exceed the ones within the set limits.  According to BBMP`s own rough estimates, only 7,00,000 properties our of the total 17,00,000 properties will come under the current scheme, when implemented.  This is just 20-25% of the overall target of regularisation.

The deviations, violations and encroachments are so high and blatant and in some cases, the entire layout or many multistoreyed buildings must be razed.  Does the Government has got the guts to go ahead and demolish? Unauthorised/illegal layouts has only 20 feet to 25 feet roads and roads are blocked.  The (lands) road stands in the name of the original seller or the agriculturise.  How can the Government use public funds to develop a private property or a property which does not stand in its name and authority?

What about the bigger ones that are left our? They will be asked to bring down their violations within the set limits.  The exact penalty for the gross violations is still under discussion. It is still open for debate and judicial intervention. The Write petition in the High Court may reach the higher courts, if a proper order is not made or if the Government could not propose or come up with a amicable or workable solution to this complex issue.

According to BBMP officials in the revenue department, what is presently inferred from the enactment is that violators must bring down their violation to the prescribed limit. But there is no answer to what happens if they do not conform/remove or bring it down, to it.

Even the punishment for those who do not pay penalty for violations within the set limit is also not clear as the corresponding rules to the enactment are yet to be framed.  Will it be disconnection of water and electricity as mentioned in the enactment?

50% to 75% of the apartments have large scale and violation and deviation.  Who will bear the penalty charges? Land lords? Sellers? or the Owners(buyers)? Why should they be penalised?

Many questions goes unanswered.

Again, No answers yet from the government.

Who will be benefited by this?

Middle Class?  Yes. To a certain extent?

Who else? Builders and developers ?  Yes.

Land mafia? Yes. 100%.

Will this be the end?  Or if the Petitioners go ahead with Revision petition? Approach full bench? or Approach other higher Courts?

No Answers?