DEFAULTERS – NON DELIVERY – DELAY – ENCROACHMENTS-ILLEGLITIES ARE PART AND PARCEL OF THIS GAME OF REAL ESTATE


There are too many builders and developers unable or have deliberately delayed the construction and delivery of the sites and apartments in Bangalore, citing reasons, which could not be believed or true.

But, have escaped the dragnet of the law, because of the buyers in-sensitivity and in-action.

Many in Hulimavu, Bangalore south, recently in koramangala and in all other parts (5 years delay) defaulted in the delivery of the schedule property, are not bothered are none of the buyers have taken any serious action against them for the default of the conditions of the sale agreement.

Violation, Deviation, Illegalities, Encroachment and  Delay in the delivery is a regular delivery of these defaulters.  But, all are not.  Many are very good.  There may be some delay.

Good Properties with good titles and structures have always been delivered by the good Ones.

Some formed the groups, which are impotent and headed by the developers stooge.

TAKE CARE, BEFORE PAYING THE ADVANCE MONEY !!!!@!

 

 

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.

BBMP – DECISION TO DEMOLISH ILLEGAL APARTMENTS


The BBMP has decided to demolish the apartments (4 ) in Uttarahally hobli, for having violated the building by-laws and for having produced fake documents, today. 

A NEWS REPORT ON THE REVENUE SITES – BE CAREFUL


A NEWS REPORT ON REVENUE SITES –  WATCH OUT

Last week, the High Court quashed the government orders of 2009 barring registration of Revenue sites/ properties.

Though the State government allowed registration of B Khata properties in the city and e-Khata properties in gramthana areas in December 2013, unapproved layouts and those in the green belt, on the city’s outskirts were not given e-khata, and hence were not registered.

Such property holders in unapproved layouts, green belts and non-converted land can now get their properties legally registered, without the requirement of e-khata or any such additional document.

While there is no official statistic on the number of such revenue pockets in the city, estimates vary from 50,000 sites to over one lakh plots, which are expected to flood the realty market.

The HC quashed the 2009 order saying sub-registrars have no powers to seek any document not stipulated under the Stamps and Registration Act.

However, a former revenue official involved with the 2009 orders said that they were promulgated to prevent mushrooming of unauthorised revenue pockets, especially in the green belt.

The problem is most severe in the newly added 110 villages and other outlying areas of the city, especially in the BDA area outside BBMP jurisdiction,  “Many private layouts have come up even in the green zones in these areas. These have neither got a conversion of land use nor are their layout plans approved,” he said.

But now, it would be tough to control mushrooming of unauthorised revenue pockets, the revenue official said. “Registration doesn’t guarantee title of a property.

This means the buyers will be taken for a ride by revenue layout developers, cheating them with illegal sites, buildings violating bylaws, which may affect the buyer at a later date,” the official said.

 

APARTMENTS – APARTMENT COMPLEXES – ADDITIONAL DEVELOPMENT OR STRUCTURES OR MODIFICATION OR ALTERATION DONE AFTER OBTAINING OCCUPANCY CERTIFICATE !!!!


IT HAS COME TO LIGHT THAT SOME OF THE APARTMENTS/APARTMENT COMPLEX/VILLAS/PROJECTS HAVE ILLEGALLY, WITHOUT PROPER SANCTION OR APPROVAL HAVE MADE OR CONSTRUCTED ADDITIONAL STRUCTURES OR BUILDINGS, MODIFIED THE EXISTING STRUCTURES, ALTERED THEM BEYOND RECOGNITION, SHIFTED SOME OF THE INFRASTRUCTURE FACILITY OR REMOVED SOME OF THE STRUCTURES,  AFTER OBTAINING THE OCCUPANCY CERTIFICATE FROM THE APPROPRIATE PLANNING OR MUNICIPAL AUTHORITY.

SUCH CHANGES/MODIFICATIONS/ADDITIONS/ALTERNATIONS/RENOVATION/SHIFTING WILL RESULT IN THE AUTOMATIC CANCELLATION OF THE OCCUPANCY CERTIFICATE, WITHOUT ISSUING A NOTICE.

AKRAMA IN TROUBLE ? OR DELAYED?


THE IMPLEMENTATION OF THE NOTORIOUS AKRAMA SCHEME OF REGULARISING THE ILLEGAL/UNAUTHORISED/DEVIATIONS/VIOLATIONS, (BUILDINGS/LAYOUTS) MIGHT BE DELAYED DUE TO THE ONSET OF ELECTIONS AND THE CLAMPDOWN OF `CODE OF CONDUCT`.

THE LAW ABIDING AND HONEST TAX PAYING CITIZENS IN THE NEIGHBOURHOOD ARE THE WORST AFFECTED BY THE ILLEGALITIES AND IRREGULARITIES OF THIS ILLEGAL AKRAMA SCHEME, THEIR  HARD EARNED MONEY (PAID AS TAX)IS UTILISED FOR PROVIDING BASIC INFRASTRUCTURE TO THESE ILLEGAL/IRREGUALR/UNAUTHORISED LAYOUTS AND BUILDINGS OF THEIR NEIGHBOURS.

DEVIATORS AND VIOLATORS ENJOY BENIFT AT  AT OTHERS COST. `OC`

`OC` HERE MEANS AT OTHERS COST AND NOT OCCUPANCY CERTIFICATE.

THE LESSON:

IF YOU FOLLOW THE RULE OF THE LAND, YOU WILL BE PUNISHED AND AT YOUR COST AND EXPENSE,  OTHERS ENJOY AND MAKE MERRY.

LEADING DEVELOPER`S ENCROACHMENT AT HSR LAYOUT – SARJAPUR ROAD DEMOLISHED AND VALUABLE LAND RECOVERED BY GOVERNMENT AT BANGALORE


ENCROACHMENT CELARED AT IBBALUR LAKE ON SARJAPUR ROAD, NEAR HSR LAYOUT.

ILLEGAL COMPOUND WALL CONSTRUCTED BY SOBHA DEVELOPERS DEMOLISHED BY BDA AND DC, BANGALORE.

18 GUNTAS OF LAND IN SURVEY NO.36, (LAKE) IBBALUR VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK, MEASURING AN EXTENT OF 18ACRES AND 06 GUNTAS, UNDER THE MAINTENANCE OF THE FOREST DEPARTMENT, HAD BEEN ENCROACHED BY SHOBA DEVELOPERS AND HAD BUILT A COMPOUND WALL IN THE GOVERNMENT PROPERTY AND THE SAME WAS DEMOLOSIHED AND THE GOVERNMENT RECOVERED THE LAND TODAY.

BDA OFFICIALS, THSILDAR AND THE REVENUE OFFICIALS UNDER THE GUIDANCE OF DC, BANGALORE SUPERVISED AND DEMOLISHED THE COMPOUND WALL AND RECOVERED 18 GUNTAS OF LAND IN THE AFORESAID SURVEY NUMBER.

THE RESIDENTS OF THE APARTMENT TRIED TO BLOCK THE REMOVAL OF THE ENCROACHMENT AND HAD AN HEATED ARGUMENT WITH THE OFFICIALS.

MORE SUCH ENCROACHMENT AND VIOLATIONS WILL BE CLEARED SOON AND MANY APARTMENT COMPLEXES AND LAYOUTS WILL BE AFFECTED.

LARGE SCALE ENCROACHMENT, DEVIATION, VIOLATION, IRREGUALRITIES AND ILLEGALITIES BY LAND SHARKS, LAND MAFIA IN BANGALORE


LARGE SCALE ENCROACHMENT, DEVIATION, VIOLATION, IRREGUALRITIES AND ILLEGALITIES BY LAND SHARKS, LAND MAFIA AND BUILDERS ROCK THE BBMP COUNCIL MEET IN THE NEW YEAR – 2014.

http://www.kannadaprabha.com/districts/bangalore/%E0%B2%85%E0%B2%95%E0%B3%8D%E0%B2%B0%E0%B2%AE-%E0%B2%95%E0%B2%9F%E0%B3%8D%E0%B2%9F%E0%B2%A1;-%E0%B2%AC%E0%B2%BF%E0%B2%AC%E0%B2%BF%E0%B2%8E%E0%B2%82%E0%B2%AA%E0%B2%BF-%E0%B2%B8%E0%B2%A6%E0%B2%B8%E0%B3%8D%E0%B2%AF%E0%B2%B0%E0%B3%81-%E0%B2%95%E0%B2%BF%E0%B2%A1%E0%B2%BF%E0%B2%95%E0%B2%BF%E0%B2%A1%E0%B2%BF/157110.html

Mr.Prasad- A Reader- views about Akrama-Sakrama


Mr.Prasad- A Reader- views about Akrama-Sakrama

Submitted on 2013/06/16 at 4:24 pm

The morality of Aakrama Sakrama

Is it right for the Government to legalize what is essentially illegal by levying a penalty?

A few points for the the Public and the Government to consider:

1. Going by the prevailing law of the land, Akrama Sakrama is perceived to be unfair. The amendment is seen as condoning, even encouraging, illegality. However, it is a fact that lakhs of gullible people, many of them poor and perhaps unable to afford clear properties are in a lurch as a result of either their stupidity, poverty or both. Ignorance of the law is no excuse. Neither is poverty. However, it begs consideration that much of this group have bought or built on illegal land primarily to provide shelter for their families.

2. The group that is primarily guilty of grabbing or building on illegal land is the land mafia. This corrupt, black money fuelled nexus of politicians, government officials (namely BDA, BBMP, DC, sub-registrars, etc), developers and real estate agents have grabbed or facilitated the appropriation of thousands of acres of government land for commercial gains.

Between the two, the gullible and poor may be charged with a lesser crime – a crime of omission. They are also the primary victims of the the land mafia. The people that make up this mafia are guilty of a graver illegality as they have not merely looted public land to profiteer, but are equally guilty of cheating the public.

3. What would be a fair way to dispense justice? Ignorance of the law is no excuse either for the foolish or the land mafia. However, we live in a welfare state in which public good is the ultimate objective, the government would do well to take a more empathetic view of the former and provide reprieve with a penalty. The land mafia, however, need to be dealt more stringent punitive measures or penalties to ensure an absolute stop to their activities. Reclaiming or demolishing such properties will affect families more than it will affect wealthy land developers. Politicians and government authorities who have colluded should be dealt equally stringent punishment to deter such illegalities from ocurring.

4. Corruption and collusion apart, government organizations such as BDA, BBMP and DC are inefficient and plain ignorant. Ignorance is no excuse even as applied to the government. A few examples: The BDA notifies lands for formation of much needed sites for allotment to the public
but fails to mark or fence such areas, or even take possession, as required by law. The land, as per BDA’s own rules, should be acquired within 5 years of the notification, yet many such areas remain undeveloped for 30-40 years. In the meantime, the unscrupulous form layouts and sell them to the unwitting. The BBMP knowing full well that registering these areas is illegal turns a blind eye to these transactions. Essentially, one hand of the Government doesn’t know or care what the other is doing. By registering such properties, the BBMP lends a false or psuedo-legal sanctity to these illegal transactions. As we all know, the BBMP will even approve building plans in illegal revenue and BDA notified areas. This begs a question. Whose ignorance (knowing or unknowing) of the law is a greater crime? The Government’s or the public’s? And who should be punished for this?

5. Civic society and the public are correct to object or file a suit against the amendment. The condoning of illegal land grabbing sends the wrong signal, yet demolishing or displacing lakhs of people will come at a social cost. The lands so reclaimed run the risk of being grabbed again by the political/influential elite. Even if re-allotted to the public by fair means, it would mean depriving of one’s shelter to provide shelter to someone else (as an astute Hon’ble High Court Judge pointed out).

6. The moral high-ground taken by some that justice has to be ensured on the grounds that it is unfair to those like themselves who have played by the rules is questionable. Were the BDA sites on which their homes are built allotted through due and fair process? Can they honestly say that they or their parents did not own a site in Bangalore at the time of applying for a BDA site? (a pre-condition for applying). Weren’t some of the premium gated communities they live in not in the green belt before the CDP was conveniently changed to accommodate these elite communities? Were the DC conversions of these erstwhile revenue lands done without the developers greasing the DC’s palms? Ignorance of any such deeds does not absolve one of being a passive participant in the subvertion of the process. Indeed, at every level, however ethical, by ommission or commission, most of us have benefited due the flaws in the system. Those who were not rich or influential enough to get the system on their side are the poor. Justice will be found wanting if social justice is not ensured.

 

DEVIATION/VIOLATION/IRREGULARITIES/ENCROACHMENT – AKRAMA-SAKRAMA


THE MUCH TOUTED ILLEGAL SCHEME OF AKRAMA-SAKRAMA HAS GOT A NEW BOSS.  THE CHIEF MINISTER HIMSELF HAS TAKEN OVER THE SUPERVISION OF THE IMPLEMENTATION OF THE RECOMMENDATIONS OF THE AT RAMASWAMY COMMITTEE REPORT AND THE STF REPORT TO RECOVER THE GOVERNMENT LANDS AND TAKE STRINGENT ACTION ON VIOLATIONS AND DEVIATIONS.

 

BANGALORE METROPOLITAN TASK FORCE CLARIFICATION


THE BMTF CHIEF HAS CLARIFIED THAT, UNDER THE POWERS DELEGATED TO IT, CAN TAKE UP ALL CASES OF ENCROACHMENT AND VIOLATIONS AND ARE CONTINUING THEIR ACT OF RECOVERING THE GOVERNMENT LANDS AND THE WITHDRAWAL OF SOME OF THE NOTIFICATIONS WILL NOT HAVE RETROSPECTIVE EFFECT on THE CASES WHICH HAD ALREADY BEEN BOOKED, WILL BE INVESTIGATED AND WILL BE DEALT AS PER THE PREVAILING LAWS.

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.

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.

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?