BUYING A PROPERTY/APARTMENT IN ARKAVATHY LAYOUT ZONE – WATCH OUT


THERE ARE TOOOOOOOOO MANY COMPLEX ISSUES SURROUNDING THE ARKAVATHY LAYOUT SITES AND APARTMENTS.

SOME HAVE BDA APPROVED BUILDING PLANS FOR APARTMENTS AND SOME ARE BDA APPROVED LAYOUTS AND SOME ARE TECH ZONES BY DEVELOPERS, BUT, ALL OF THESE HAVE TO BE COMPULSORILY SCRUTINIZED.

BDA IS A TECHNICAL BODY, PROVIDES/SANCTION/APPROVE LAYOUTS AND BUILDINGS AS PER THE GUIDELINES AND THE MASTERPLAN BASED ON THE DOCUMENTS SUBMITTED BY THE DEVELOPER/OWNER.  IN MANY CASES, THE DEVELOPER/OWNERS HAVE MISREPRESENTED THE FACTS AND CONCEALED THE TRUTH AND OBTAINED THE APPROVALS.  IF FOUND OUT OR DETECTED, THE APPROVALS AUTOMATICALLY STANDS CANCELLED.

SANCTION/APPROVAL OF LAYOUTS OR BUILDING PLAN BY BDA DOES NOT CONFER ANY RIGHT, TITLE AND INTEREST.  ONE OF THE CONDITIONS OF THE APPROVAL FROM BDA IS THAT, IF THERE ARE ANY LITIGATIONS/CLAIMS/RUNNING SUITS, THE APPROVAL IS SUBJECT TO THE OUTCOME OF THE COURT ORDER OR DECREE.

TAX EVADERS (LEADING CREDAI BUILDERS) IN THE NET


VAT TAX 

THE COMMERCIAL TAXES DEPARTMENT HAS WOKEN UP AND RAIDED SEVERAL BUILDERS LIKE MANTRI, DS MAX, EMBASSY AND NITESH AND COLLECTED OVER 140 CRORES IN THE ARREARS OF VAT COLLECTED BY THESE BUILDERS FROM THE BUYERS OF THE PROPERTY.

IT IS TO BE NOTED THAT THESE BUILDERS COLLECT THE VAT OR COMMERCIAL TAX FROM THE BUYERS, IN THE EMI AND NEVER PAID IT TO THE GOVERNMENT.

FURTHERMORE, THERE ARE MANY SMALL TIME DEVELOPERS WHO ARE ABSCONDING OR ADDRESS LESS NOW OR WILFUL AND DELIBERATE TAX EVADERS HAVE NOT BEEN BROUGHT INTO THE NET.

IF THE DEPARTMENT ACTS DILIGENTLY, IT CAN COLLECT OVER RS1000/- CRORE OF THE TAX PAID BY THE BUYERS OF THE PROPERTIES.

MAJORITY OF THESE LEADING TAX EVADERS HAVE NOT ISSUED VAT BILL-TAX BILL- TO THE BUYERS OF THE PROPERTY.

SERVICE TAX

ANOTHER GREY AREA WHERE SERVICE TAX PAID BY THE BUYERS OF THE PROPERTY HAS BEEN MANIPULATED AND TAXES COLLECTED HAD NOT BEEN DEPOSITED WITH THE DEPARTMENT.

MANTRI TRANQUIL APARTMENT COMPOUND WALL `DEMOLISHED`


THE BBMP TODAY DEMOLISHED THE COMPOUND WALL OF THE MANTRI TRANQUIL APARTMENTS AT GUBBALALA, KANAKAPURA ROAD, BANGALORE, CLEARING THE ENCROACHMENT OF RAJA KALUVE.

IT IS ALLEGED THAT THE PROMOTER HAD ENCROACHED THE RAJA KALUVE AND ALSO LOCATED THE GUEST PARKING IN THE GOVERNMENT LAND AND ON THE DIRECTIONS OF THE HIGH COURT ORDER, THE ILLEGAL STRUCTURES WERE REMOVED AMIDST OPPOSITION FROM SOME QUARTERS.

SOME NEWSPAPER REPORTS:

The Hindu

They squatted in front of the earth movers but could not stop a portion of the wall being brought down

All tranquillity was lost at the ‘Mantri Tranquil’ apartments off Kanakapura Main Road on Tuesday as BBMP’s earth movers demolished a part of the compound wall, catching residents unawares.

Bruhat Bangalore Mahanagara Palike workers, who arrived with at least 20 policemen, claimed that the apartment was encroaching on a storm water drain. Residents protested by squatting in front of the earth movers even as a portion of the compound wall was brought down.

President of the Residents’ Association, M.S. Raghuram, claimed that they had not been informed about the demolition. On July 30 this year, they got a notice stating that the building had encroached on a storm water drain. Residents filed a writ petition in the High Court questioning the notice.

“The hearing was scheduled for Tuesday. We requested BBMP workers to hold on until the court had ruled on our petition, but they did not listen to us,” he said.

Residents said there was no mention of the storm water drain in any document provided to them at the time of occupancy. “The apartment plan was approved by the Bangalore Development Authority and BBMP had issued a khata. Now, they are showing a map dated 1905 and claiming that there is a storm water drain,” said P.S. Kulkarni, Managing Committee member of the association.

The residents also alleged that there was no clear point of reference marking the location of the storm water drain. “There is a lot of land extending beyond our apartment complex. Why was our apartment land selectively chosen for the demolition?” a resident said.

Meanwhile, residents got temporary relief as the High Court stayed the BBMP’s actions.

Civic officials, however, said there was no stay order at the time of the demolition and they will now await the court’s decision. They claimed that they had conducted a survey of the storm water drain and denied issuing khata for the apartment.

 

Bangalore Mirror

 The BBMP has claimed that a part of the upscale apartment complex encroaches on a storm waterdrain and had already demolished a part of the compound wall before residents intervened
It was a startling morning for the 1,131 flat owners of Mantri Tranquil Apartments in Gubbalala near Uttarahalli after they woke up to the sight and sound of BBMP officials and bulldozers arriving to demolish a alleged structure that allegedly encroached upon a storm water drain.

Residents claim that the civic agency was acting ilegally and without serving them any notices. Mantri Tranquil Apartments owner association president M S Raguram questioned the BBMP’s actions, terming it illegal. He asked how the BBMP could demolish the structure without even giving notices.

He claimed that the BBMP had served a notice on July 30, 2014 stating that we have encroached on a storm water drain. But the notice made no mention of any specific date for demolition nor any kind of action that would be taken. Following the notice the association had obtained stay orders from the High Court, he said.

Shashikant Joshi, another resident said that BBMP officials illegally demolished the compound wall and were about to demolish other structures “but it was the efforts of all the apartment residents that forced them to step back”, said Raguram.

When contacted, the BBMP commissioner said that the issue had come to his notice and he has asked officials not to initiate any further demolition. He said, “Now we have come to know that the matter related to Mantri Tranquil Apartments is subjudice we have stopped. We have asked the survey department to provide the report which claims that the apartment has encroached a storm water drain.”

He added, “Now we are not touching the building. Let the report come in and then we will take action. Before initiating action we will ensure that we have firm legal advice.”

Local corporator Ramesh Raju said he had demanded a re-survey of the storm water drain. If at all the drain is encroached then it’s not only Mantri’s property but other properties that will also have to demolished as well, he said.

In August the Bangalore Electricity Supply Company had cut the power supply to two blocks comprising about 400 flats following a letter from the BBMP stating that Block-C and Block-D of Mantri Tranquil have encroached upon a natural canal.

The action was taken based on a survey sketch prepared by the Deputy Director of Land Records (DDLR) of Bangalore Urban District last year and attested by revenue officials including Bangalore South Tahsildar on December 6, 2013.

WRIT PETITION 40299/2014 IS PENDING DISPOSAL IN THE HIGH COURT OF KARNATAKA AND WAS LAST HEARD ON 28-10-2014

THE ABOVE ARE THE NEWS REPORTS AND NOT OUR VIEWS

CAUTION – APARTMENT BUYERS – PRE LAUNCH OFFERS FROM LITTLE KNOWN OR UNKNOWN GROUPS


PLEASE BE CAREFUL AND CONDUCT DUE DILIGENT EXAMINATION AND THE SCRUTINY OF THE DOCUMENTS, APPROVALS AND COMPLIANCE OF THE PRE LAUNCH OFFERS FROM UNKNOWN, LITTLE KNOWN, DISREPUTE OR STRANGE GROUPS.

DO NOT MAKE ANY PAYMENT OR NOR GIVE ANY MONEY, UNDER ANY CIRCUMSTANCE WITHOUT PROPER AND DILIGENT TITLE CLEARANCE AND APPROVALS FROM THE APPROPRIATE DEPARTMENTS AND BODIES.

EXERCISE UTMOST CAUTION:

BUT, BUYING IT FROM WELL KNOWN AND STANDARD BUILDERS ARE RECOMMENDED.

ALWAYS PREFER THE BEST AND THE TOP BUILDERS LIKE

BRIGADE, STERLING, PURUVANKARA, MANTRI, SOBHA, TATA, GODREJ, DLF, HIRANANDANI, SHRIRAM, PRESTIGE & ADARSH  etc, even, if there are any minor issues, they are capable of resolving it and fulfill their commitments and promise.