The present Government in karnataka has proposed a regularisation scheme of properties within BDA ambit, which includes, properties, (some or few) which had been notified for acquisition, but could not take possession, buildings with violations and buildings without approved building plan. It is said that there are over 75,000 such properties in BDA layout.
It is another form of Akrama-Sakrama. But, the proposal is to bring in an amendment to the BDA Act.
The proposal is to collect 75% of the guidance value of the properties, which are measuring below 1,200 sft and 100% of the guidance value for the properties above 1,200 sft. As per this proposal, if the guidance value of the property as on date is Rs.4,000/- per square feet, for a 30 feet X 40 feet site, totally measuring 1,200 square feet, the penalty or charges or levy at 75% is Rs.3,000/- per square feet, works out at Rs.36,00,000/- for the properties, which are built on BDA acquired or notified site.
But, final proposal has to come out. A Cabinet sub-committee has been formed to look into the issues.
But, this proposal is subject to legal validation, as the old amendment to KTCP Act is still languishing in the Apex Court.
THE CHIEF MINISTER OF KARNATAKA SRI.SIDDARAMAIAH HAS THROWN A BAIT TO OVER 65000 SITE/HOUSE OWNERS, WHO HAVE BUILT HOUSES ON THESE LAKES, WHICH HAD BEEN ALLOTTED TO THEM BY THE BDA.
THIS MAY LEAD TO A WIDE RANGING LEGAL TUSSLE AS THE GOVERNMENT IS EVICTING THE ILLEGAL OCCUPANTS ON THE LAKE BEDS AND OTHER GOVERNMENT LANDS, WHILE REGULARISING THE BDA LAYOUTS FORMED ON THE LAKES, INVITING CRITICISM AND JUDICIAL INTERVENTION.
A mail by one of the reader Mr.Ramaswamy, his views on the akrama-sakrama scheme
IT MAY BE VERY DIFFICULT TO GET THE `CLEARANCE` FROM THE HIGH COURT FOR THIS SCHEME.
THE COURT IS ON VACATION AND BY THE BEGINNING OF JUNE, 2014, THE CASE MAY BE HEARD, BUT AS OF NOW, THERE ARE TOO MANY LOOPHOLES WHICH MIGHT HAVE TO BE RESOLVED.
THE GOVERNMENT HAS NOT WOKEN UP TO THE ISSUE NOR BOTHERED ABOUT THE NEIGHBOURING PROPERTY OWNERS AND THE EFFECTS OF SUCH ILLEGALITIES OR REGULARISATION OF ILLEGALITIES ON THEM AND THE SUBJECT MAY COME UP IN THE COURT ON A LATER DATE.
CRIMINAL OWNERS PRIDE AND HONEST, LAW ABIDING AND TAX PAYING CITIZENS HORROR,
THE VIOLATOR ENJOYS THE BENEFIT AT THE COST OF THE HONEST AND TAX PAYING CITIZEN,
THE VIOLATOR UNLEASHES THE TERROR ON THE NEIGHBOUR ON THE LAW ABIDING CITIZEN AND THE GOVERNMENT REGULARISES THE VIOLATION FOR MONEY,
INJUSTICE IS METED OUT TO THE HONEST CITIZEN BY THE GOVERNMENT BY THIS SCHEME,
IT IS RELIABLY LEARNT THAT THE GOVERNMENT OF KARNATAKA IS SERIOUS ABOUT REGULARISING THE ILLEGALITIES IN THE BUILDINGS/LAYOUTS/SITES IN THE URBAN AREAS OF THE STATE AND IS EXAMINING ALL THE PROS AND CONS AND PREPARING A DRAFT OF MODEL RULES AND REGULATIONS TO BE FOLLOWED AND IT WILL BE AMENDED SOON.
THIS WILL BE A FINAL STOP FOR SUCH VIOLATIONS AND DEVIATIONS, AN SENIOR OFFICIAL SAID.
ALL ILLEGALITIES/VIOLATIONS/DEVIATIONS/IRREGULARITIES WILL NOT BE REGULARISED UNDER THIS AMENDMENT.
DBOD. No.DIR. (HSG). BC.08 /08.12.01/2009-10 July 1, 2009
09 Aashada , 1931 (Saka)
All Scheduled Commercial Banks
Master Circular on
Clause 12 clearly directs and specifies that OCCUPANCY CERTIFICATE must be obtained from the concerned authorities. Otherwise, the home loans sanctioned MUST BE RECALLED WITH CHARGES.
12. DELHI HIGH COURT ORDER ON UNAUTHORISED CONSTRUCTION
The Monitoring Committee constituted by the Hon’ble High Court of Delhi regarding Unauthorised Construction, Misuse of Properties and Encroachment on Public Land, has issued the following directions for immediate compliance by the banks/ Financial Institutions.
A. Housing Loan for building construction
i) In cases where the applicant owns a plot/land and approaches the banks/FIs for a credit facility to construct a house, a copy of the sanctioned plan by competent authority in the name of a person applying for such credit facility must be obtained by the Banks/FIs before sanctioning the home loan.
ii) An affidavit-cum-undertaking must be obtained from the person applying for such credit facility that he shall not violate the sanctioned plan, construction shall be strictly as per the sanctioned plan and it shall be the sole responsibility of the executant to obtain completion certificate within 3 months of completion of construction, failing which the bank shall have the power and the authority to recall the entire loan with interest, costs and other usual bank charges.
iii) An Architect appointed by the bank must also certify at various stages of construction of building that the construction of the building is strictly as per sanctioned plan and shall also certify at a particular point of time that the completion certificate of the building issued by the competent authority has been obtained.
B. Housing Loan for purchase of constructed property/ built up property
i) In cases where the applicant approaches the bank/FIs for a credit facility to purchase the built up house/flat, it should be mandatory for him to declare by way of an affidavit-cum-undertaking that the built up property has been constructed as per the sanctioned plan and/or building bye-laws and as far as possible has a completion certificate also.
ii) An Architect appointed by the bank must also certify before disbursement of the loan that the built up property is strictly as per sanctioned plan and/or building bye-laws.
DBOD-MC on Housing Finance-2009
C. Unauthorised colonies
No loan should be given in respect of those properties which fall in the category of unauthorized colonies unless and until they have been regularized and development and other charges paid.
D. Commercial Property
No loan should also be given in respect of properties meant for residential use but which the applicant intends to use for commercial purposes and declares so while applying for loan.
The banks have already initiated action in this regard and have given sufficient time to the borrowers to produce the statutory certificates, failure to do so, will invite, RECALL notices.