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.

AKRAMA – SAKRAMA ADJOURNED TO 19-09-2016


The regularisation of unauthorised buildings and layouts scheme, called AKRAMA SAKRAMA, has been posted for final hearing on 19-09-2016.

The amendment must deal with the NGT order and the present scenario with care and come out with a proper direction to the Government with a mechanism to avoid the future irregularities.

In the meanwhile the High Court of Karnataka has DECLINED to entertain a plaint seeking A STAY for the present clearing of ENCROACHMENTS across Bangalore.  It is a setback for the property owners.

The State Government has finally decided to take action against the officials who had issued or sanctioned the building plans on Raja Kaluve.

The property owners, who have lost their properties may initiate legal proceedings against the officials, who had sanctioned the building plan.

The property owners can initiate appropriate legal proceedings against the sellers of such properties to recover their monies, if possible.

DEMOLITION – MORE TO COME


SE (ASUBH) was very notorious for its illegality and irregularities.  There is more to come in that area, as many have encroached the KALU DAARI AND BANDI DAARI.  This encroachment had been noticed and complained to the authorities.  Someday, they will wake up and reclaim this.  There are A katha sites, still available in SE.

A or B or C or D or Z katha does not ensure clear title or safety or cannot escape demolition, if there is irregularity and illegality.  With A katha, the lands cannot be encroached.  By producing fake or fabricated documents, A katha can be obtained.  It is always recommended to conduct a due and diligent enquiry before investing.

The DC Converted sites in Haraluru, Ambalipura, Kasavanahalli, Kaikondarahalli, Ejipura, Begur, Hulimavu, Nayyappanahalli, Horamavu, Doddagubbi, Sarjapura,Anekal, Attibele, Yamare, Gopasandra and surrounding areas will be seriously affected, if it is not properly surveyed and  titles are perfected.

There are few sellers/developers/agents offering properties with DIFFERENT method under DIFFERENT mode to the buyers and the buyers are VERY HAPPY that they are buying the best property at THROWAWAY PRICE.  It is not the mistake of the seller/developer, but the GREED of the buyers.  They will pay penalty by the way of LOOSING THE PROPERTY.

THE CLEVER ARGUMENTS:

1). The BBMP has sanctioned the building plan.

The applicant submitted wrong details and obtained the plan.

2). The BBMP collected the Taxes.

You paid and they collected.  Payment of taxes does not confer any right, title and interest.

3). BBMP issued A Katha.

By submitting wrong details or misrepresenting the facts, obtained the A katha, which in all likelihood STANDS CANCELLED.

4). BBMP never informed or intimated about the existence of Kaluve, Bandi Daari, Kaalu Daari etc.

BBMP, If noticed or found out about the encroachment, it will be notified officially.  But, the clever sellers/builders/agents/local politicians/greedy buyers block such information. BBMP need not intimate it.

5). Government cannot come and demolish the house without issuing notice.

There is no need to issue any notice for the illegalities committed.  Encroachments or unauthorised occupation or illegal possession, with fabricated or fake documents does not entitle the issue of any NOTICE. STRAIGHT DEMOLITION.  This is what happened now.  This will continue for sometime.

6). We have constructed the house with hard earned money.

Everybody constructs the house with hard earned money only.  Only, very few get the lottery or bumper or free money.

7). The Banks have financed the construction and lent the home loan.

Borrowing money for the purchase of a property or for the construction does not entitle the owner to stop the demolition.  Sanction of Bank Loan does not confer any right, title and interest.

FINALLY, THOSE WHO HAVE LOST THE PROPERTIES HAVE SOME RELIEF.  CHECK WITH THE PROFESSIONALS WHO CAN PROVIDE LEGAL ASSISTANCE TO RECOVER, IF POSSIBLE,MONEY. (THIS IS VERY TRICKY AND VERY DIFFICULT, BUT THE LOOSER MUST TRY)

OCCUPANCY CERTIFICATE – BBMP – 2016-17 -TILL DATE


The BBMP has issued only 13 Occupancy Certificates in 2016-17, of which 3 are commercial projects and 10 are residential apartments.

There are few hundred projects which had been completed and few hundred housing apartment projects are underway, but only few builders and the apartments have the MANDATORY OCCUPANCY CERTIFICATE.

Between 2011-12 to 20161-7, the BBMP has issued around 300+ Occupancy Certificates and the remaining buildings or projects or apartments DOES NOT HAVE MANDATORY OCCUPANCY CERTIFICATE, it means, that buildings or apartments or projects are NOT WORTH BUYING OR OCCUPYING.

The recent floods and the havoc caused by the rains is MAN MADE.  In one of the flood affected areas, the road width is 30 feet and there were several apartment complexes having more than 20+ apartments and the entire narrow road, in bangalore south, J.P.Nagar, has about 400 to 500 apartments, NONE OF THE BUILDINGS HAVE OCCUPANCY CERTIFICATE AND HAS NOT BEEN CONSTRUCTED AS PER THE SANCTIONED BUILDING PLAN AND THEY ARE ILLEGAL, IRREGUALR AND UNAUTHORISED.

FIRE AT BRAND FACTORY AT MARUTHALLI, BANGALORE


The fire gutted the entire store of over 5 floors.

The issues:

1). Deviation and violation.

Not constructed as per the sanctioned building plan.

2). Deliberate Non-Compliance of Fire and Emergency safety precautions.

The building owner has not constructed the building with safety measures, as it was past midnight, no casualties reported.

3). As it was a irregular and dangerous construction, the building did not have CC and OC.

The tenant or the lessee was not at all bothered about the sanctioned building plan nor bothered about the CC and OC resulting in the fire.

4). Insurance Claims.

Naturally, it will be repudiated or rejected, because of the Non-Compliance of the building by laws and the provisions of the Indian Electricity Act.

ILLEGAL CONSTRUCTIONS AND HIGH COURT OF KARNATAKA – BBMP GETS NOTICE !!!


The Karnataka High Court on Monday ordered issue of notices to the Bruhat Bangalore Mahanagara Palike and others on a PIL petition, which is seeking a direction for laying down a procedure for the systematic monitoring of the construction of buildings to check the alleged violation of norms.

A Division Bench, comprising acting Chief Justice Subhro Kamal Mukherjee and Justice B.V. Nagarathna, passed the order on the petition filed by Satya Achayya and others.

Complaining that their representations on illegal constructions fell on deaf ears of civic authorities, the petitioner claimed that a “mafia” of developer was indulging in constructing buildings illegally and selling it to the public.

The petitioner have sought a direction for laying down a procedure for periodic inspection of every construction site after the sanction of plans and the maintenance of inspection records in writing and observations made by the inspecting officers.

IRREGULARITIES, VIOLATIONS AND DEVIATION IN BUILDING PLAN SANCTIONED


IT HAS BEEN RECENTLY NOTICED THAT A MAJOR IRREGULARITY HAS CREPT IN THE PROCESS OF SANCTIONING BUILDING PLANS IN THE BANGALORE EAST TALUK, DELIBERATELY HUSHED UP BY BOTH THE BBMP/BDA AND THE DEVELOPERS AND BUILDERS, WHEN CONFRONTED WITH LEGAL/LEGITIMATE EVIDENCE, THEY BACK OUT, STATING `THIS IS WHAT WE HAVE AND IT IS LEGAL` IF YOU ARE INTERESTED BUY IT, OTHERWISE, GET LOST.  DUE TO THE RECENT PRICE HIKE, THE BUYERS ARE IN TEARING HURRY TO BOOK AND BUY PROPERTIES, WITHOUT PROPER SCRUTINY. 

VERY SOON, THESE VIOLATIONS AND IRREGULARITIES WILL BE BROUGHT TO BOOK BY NEW GOVERNMENT.

 

DEVIATIONS AND VIOLATIONS IN BUILDINGS-HOW IT IS DEALT IN NAVI MUMBAI !!!!!


READ : HOW ILLEGAL CONSTRUCTION IS DEALT IN NAVI MUMBAI!!!!!

FSI-THEFT- FLOOR SPACE INDEX

THE FSI IS CALLED FAR IN BANGALORE- FLOOR AREA RATIO !!!!

Developer failed to stick to bldg plan, gave residents possession without OC

Fraud, cheating cases filed against builder:

 DNA newspaper.12.7.2012in NAVI MUMBAI

 

Two separate cases of fraud and cheating have been registered in Navi Mumbai against a group of builders and government officials on the directions of the high court.

The order came after Navi Mumbai residents Sunil Kumar Lahoriya and Pramod Mittal moved a writ petition in the court.

 

In the first case, Lahoriya moved a criminal writ petition against builders and NMMC officials on the ‘illegal  petition asked permission to file an FIR in the case and the court directed the local police station to register a complaint. According to the complainant, the builders of Vignahar CHS had two structural plans for the building of which one was approved by NMMC,but the building was constructed as per the other plan.

Lahoriya bought a flat in the building and since no society had been formed, he was authorised by other members to sue the builder on their behalf. Lahoriya’s advocate said his client obtained the original plan of the building using RTI and came to know that it was not what had been promised in the brochure.

 

In the Vignahar CHS matter, a case was registered with Nerul police station under sections 406, 420, 467,468, 471, 409 and 34 of the IPC against builders Vijay Gajra, Lada Ravariya, Dinesh Patel, Verasi Dama,Govind Varchand, Keshavji Gala, architect Anurag Garg and his wife from Dimensions Ltd,

structural engineer AG Gokhale and NMMC officials Umesh Patil, Dilip Kulkarni, Sanjay Banait and others.

In all, 12 people were identified as accused.

In another case, Pramod Mittal moved a criminal writ against the builders of Green Heritage building at sector 20, Kharghar, and other government officials attached to Cidco,MSEDC and the crime branch, seeking permission to register a FIR. Kharghar police registered the complaint against 36 people in accordance with a direction from the court.According to the complainant, the builders of Green Heritage building gave possession to its residents without getting an occupancy certificate (OC). Cidco provided water to the building without verifying the documents and MSEDC provided an electricity connection.

Even though Cidco and MSEDC sent the builder a notice to submit the OC in October, they failed to take action against him, the complainant said. “When my client approached the crime branch, the DCP tried to suppress the case. He held back the case and got involved with the builders of Green Heritage. So we have made the officer and other government officials co-accused in the case,” Mittal’s advocate said. The case has been registered against Vijay Gajra, Dinesh Patel, Gangaji Bhanushali, Sunil Gala, Sohail Gala, Karman Patel and other partners in the Green Heritage project including Vasant Bhanushali, TP Rana, Jumma Khumbhar, architect Anurag Garg and his wife, RCC consultant AG. Gokhale, NC Bhopi. The co-accused are Cidco chairman Pramod Hindurao, Cidco JMD Tanaji Satre, TC Benjamin (secretary, urban development department, Maharashtra), Manukumar Srivastava, L Radhakrushnan, SS Sandhu, Rahul Asthana, Bhaskar Wankhede (commissioner of NMMC), Namdeo Rama Bhagat, Vasant M Bhoir, MD Lele (chief planning officer, Cidco), V Venu Gopal (MTS), Vivek Marathe (MTS), Shivaji Jondhale (CCUC), DJ Chavan (executive engineer electrical), NS Patil, (executive engineer, water supply, Cidco), chief eng. Bhandup div. MSEDCL, SG Karpe (sup. eng. Vashi Circle), DR Sabu, DV Swanande (Dep. Eng. Kharghar Sub Div.), Subhash Rathod and 20 other besides DCP (crime branch) Dattatrey Shinde and officials from additional town planning departments of Cidco

and NMMC.

In latest developments….All the builders involved in the Green Heritage case were remanded to judicial custody on the 16 th of May 2012 by the Belapur Court,but 2 of the accused,Mr.Gajara and Mr.Patel,fled from the Court premises and are currently absconding.The police have registered a case for absconding against them.

 

 

B FORM PROPERTIES


THERE IS HIGH RISK INVOLVED IN BUYING PROPERTIES WITHOUT BBMP KATHA.  PROPERTIES WITH B FORMS MAY HAVE DEFECTS, DISCREPANCIES AND IS IN CONTRAVENTION TO THE PREVAILING MUNICIPAL AND TOWN PLANNING LAWS.  IT IS ISSUED TO PROPERTIES WITH VIOLATION, NON COMPLIANCE AND IS IN CONTRAVENTION TO THE PRESENT STATUTES.

PURCHASERS OF THE PROPERTIES MUST EXERCISE UTMOST CAUTION.  BANK LOANS WILL NOT CONFER THE TITLE NOR KATHA(BBMP LIMITS)

THE HONOURABLE HIGH COURT OF KARNATAKA HAS COME DOWN HEAVILY ON THE OFFICIALS FOR NOT HAVING ACTED ON THE ILLEGAL, UNAUTHORISED BUILDINGS, BUILDINGS WHICH HAVE VIOLATED THE BY LAWS AND BUILDINGS WHICH HAVE BEEN BUILT WITHOUT TOWN PLANNING APPROVALS.

IT IS DANGEROUS TO BUY BUILDINGS WITH DEVIATIONS. THE RBI HAS DIRECTED THE BANKS TO SANCTION LOANS ONLY TO THE BUILDINGS AND PROPERTIES, WHICH ARE BUILT AS PER THE SANCTIONED BUILDING PLAN.

BESCOM AND BWSSB DOES NOT SUPPLY POWER AND WATER TO THE BUILDINGS WHICH ARE BUILT IN CONTRAVENTION TO THE PREVAILING LAWS AND THE BUILDINGS WHICH HAVE DEVIATED/BUILT AGAINST THE BY LAWS OR SANCTIONED BUILDING PLANS.  THE OWNERS/BUILDERS/DEVELOPERS SUBMIT THE SANCTIONED PLAN AND OBTAIN THE POWER AND WATER.  IF AT ANY POINT OF TIME, IF IT IS BROUGHT TO THE NOTICE IN WRITING WITH PROOF AND EVIDENCE, THE SUPPLY WILL BE DISCONNECTED.