SAHARA GROUP –  SUBRATA ROY IS BACK TO BARRACKS! SUPREME COURT OF INDIA – THE NEVER ENDING STORY OF SAHARA !!!!


The Sahara Goup  had raised Rs 24,000 crore through its two group companies in 2008-09 through optionally fully convertible debentures (OFCDs).

 SEBI, the market controller, directed the  Sahara Housing Finance Corp Ltd  and another company to return Rs.17,600 Crores and the SIRECL AND SHICL did not comply with the order.  SEBI instituted  a contempt plea against the two companies  and the Supreme Court Of India is hearing the same.

 Subrata Roy and two other directors of Sahara were sent to Tihar jail in New Delhi on March 4, 2014 over their failure to comply with the Supreme Court’s August 31, 2012 order asking the company to return to investors the money the two companies had raised with 15 per cent interest.

 Subrata Roy was arrested and was let out on parole and The Supreme Court today refused to extend Subrata Roy’s parole and told the 68-year-old Sahara group chief that he is going back to jail.

 A bench headed by Chief Justice TS Thakur cancelled the “interim arrangements” of granting him parole after market regulator SEBI’s counsel Pratap Venugopal told the bench that all the properties given by Sahara to the market regulator were already under attachment by Income Tax authorities.

 Apparantly annoyed over this, the Chief Justice immediately ordered the cancellation of parole and directed Roy and the two other directors to be taken into custody and they will remain so till October 3 when the matter will again be taken up for hearing. 

 

 

 

RECOVERY OF GOVERNMENT LAND ON RAJA KALUVE AND B KHARAB


The District Administration which was under immense pressure to initiate action against the alleged encroachers and those who have constructed buildings on the raja kaluve, has begun some movements to take over the B Kharab lands in Rajarajeshwari Zone of BBMP, but, has to be very cautious and has to follow the legal formalities, so that there would not be any litigation.

A show cause notice or a notice has to be sent to the person or the organisation, which has either constructed or encroached the raja kaluve or B kharab land and then proceed with passing the order.

BBMP on the other hand, based on the documents and directions, must issue a show cause notice as to why the sanctioned building plan should not be cancelled for the misrepresentation of facts or wrong documents.  Based on the reply and submissions, the District Administration and the BBMP can initiate appropriate proceedings and if found to  in order, cannot take over or seize the property, and if found to have encroached, the district administration can take over or seize it.

This act will make the BBMP and the District Administration stronger and high and powerful will be slightly startled.

BOMMANAHALLI, MAHADEVAPURA, RAJARAJESHWARI NAGAR Zones might be having such large scale encroachment.

A – KATHA, SANCTIONED PLANS – THEN WHY AND HOW CAN THE BBMP DEMOLISH THE BUILDINGS?


OBTAINING OR  GETTING A KAHTA  OR REGISTERING THE PROPERTY WITH FALSE REPRESENTATIONS – FABRICATED OR FORGED OR FAKE DOCUMENTS – FORGERY – MISREPRESENTATION OF FACTS – FRAUD – IS A PUNISHABLE OFFENCE.

Every day, Everyone is talking about the DEMOLITION OR RECOVERY of the Government Lands.

The DC Conversion order is clear and states that the holder of the conversion order or the land lord is not EMPOWERED TO bifurcate or carve a layout without the approval of the planning authority and the most important clause is that, in the event, the documents submitted or statements provided are false, fake, forged, fabricated, bogus and the facts misrepresented in the application submitted for the change of land use (D C Conversion) then the DC Conversion order stands automatically cancelled without notice.

Furthermore, the final condition of the DC order clearly states that in the event of any NON-COMPLIANCE of any of the conditions of the order, the order stands cancelled without the issuance of a notice and the Government will remove the structures or the buildings constructed on such properties and collect the demolition charges from the owner or the landlord as revenue arrears.

All the development plans, approvals, NOC`s, building plans sanctioned has the same clause as above.

Even, without saying, if any document is fake, bogus, forged or fabricated, all the licenses, approvals, NOC`s, consents and permissions STANDS CANCELLED WITHOUT FURTHER NOTICE and the authorities have the power to initiate appropriate criminal and civil proceedings against such perpetrators.

DOES ANYONE KNOW THAT THEIR TITLES ARE PERFECT AND THE STATEMENTS OR REPRESENTATIONS ARE TRUE?

COMPENSATION:

Must be paid to the poorest of the poor, who had been cheated by the seller.  The government must initiate action and bring the culprit to the book.

 

HOW TO GET THE SITES/APARTMENTS/LAYOUTS/BUILDINGS REGULARISED, IN AKRAMA SAKRAMA, WHENEVER IT IS NOTIFIED?


There may be an opportunity to get the irregularities in the layouts, sites, apartments, industrial buildings, commercial buildings, buildings which have deviated from the sanctioned plans and buildings without plans, if the AKRAMA SAKRAMA is notified.

BASICS.

1). Check the title deeds and perfect it, if needed be.

2). Check and thoroughly measure or survey the property as per the Government records and as per the sale deed.

3). Check the exact/specific construction or building, draw the as it is map for the submission.

4). Do not misrepresent or fabricate or make wrong statement or give wrong details and description.

5). Pay the statutory fees only through DD and obtain the official receipt.

NO SHORT CUTS. THIS WILL ENSURE FUTURE SAFETY

GOVERNMENT DECIDES TO COLLECT RS.890 + CRORES FROM AN ENCROACHER IN BIDADI !!!!!


It is neither strange nor surprise that the Government has decided to collect Rs.890+ Crores from a BIG ENCROACHER, while removing the encroachment from small and petty poor citizens !!!!

But, the real game is different.

The alleged encroachment will be challenged by the encroacher in the court and it will drag on for years and in the meanwhile the encroacher will be enjoying the property and those who have bought the property and became members of this notorious elite club, will enjoy the benefits at the cost of the honest tax paying and law abiding citizens.

The alleged encroacher will not pay ANY MONEY TO THE GOVERNMENT and will NEVER PAY IT AT ALL.  The politicians and the officials will be ruuning after him for XXXXX.  The encroacher will become a GOLD MINE for some.

But, the fate of the poor man is different.  He has to pay money to regularise even the smallest of the irregularity, pay bribe and run around the offices for 100 of times.

NEWS REPORT IN 2015 ABOUT THE RECOVERY OF 28.8 ACRES

The Ramanagaram district administration on Monday recovered 28.8 acres that had been ‘encroached’ upon by Eagleton Golf Resort at Bidadi on the outskirts of the city. The market rate of the land could be up to Rs. 200 crore, said Deputy Commissioner F.R. Jamadar. “They had encroached upon the land nearly two decades ago. However, the matter was in court. It was only after the Supreme Court verdict that we submitted a report to the State government saying the land should be recovered,”

The resort started operations in April 2000 on 509 acres that had been granted by the government under the tourism policy. It comprises a five-star-rated golf course, resorts and a “golf village”. After a Supreme Court direction, a Cabinet sub-committee began the process of fixing the value of 78 acres that had to be regularised. A few weeks ago, the Deputy Commissioner stated in a report that surveys revealed 28.8 acres had been encroached upon by constructing a wall around it.

NEWS REPORT ON 20-09-2016

The State government has decided to collect Rs. 998 crore from Eagleton Golf Resort in Bidadi for encroaching 77 acres of land.

Saying that the decision was taken following a “direction from the Supreme Court”, Revenue Minister Kagodu Thimmappa on Monday explained that valuation of the land has been done as per the market rates. However, the resort authorities expressed surprise at the Minister’s announcement and said they would fight it in court.

“We have moved a contempt petition against the State government in the Supreme Court for not following the earlier order. The Revenue Department had submitted an affidavit in the SC saying that the 77 acres be conditionally allotted to the golf course for Rs. 12.35 crore, apart from conversion charges. Now this statement from the Revenue Minister indicates a change in position. We will fight it out in court,” said Kiran Kumar M., managing director, Chamundeshwari Builtech, Eagleton Resorts.

Meanwhile, according to the Minister, the sum of Rs. 998 crore, which has to be “paid up immediately”, would be used for infrastructure development in Bengaluru. He blamed the “callous attitude” of revenue officials for the encroachment of prime government land by the resort and maintained that it would have been possible to prevent this if lower-level officials had been alert.

Expressing concern over large tracts of government land being encroached upon in the State, Mr. Thimmappa said village accountants and revenue inspectors would be held responsible in such cases. Residential quarters will be built for village accountants to ensure that they reside within their jurisdiction, he added.

The resort in Bidadi started operations in April 2000 on 509 acres, granted by the government under the tourism policy. It comprises a five-star golf course, resorts and a golf village. After a Supreme Court direction, a Cabinet sub-committee began fixing the value of the 77 acres that had to be regularised. About 28 acres of land is being recovered to be handed over to the Horticulture Department.

GONE CASE ???????????????????????????????????????

 

NON RESIDENT INDIANS (NRI) AND INHERITED OR ACQUIRED (PURCHASED) PROPERTIES IN INDIA – HOW TO DEAL (SELL OR MANAGE) WITH IT?


Non Resident Indians (NRI), who have been living abroad for some time, find it very difficult in Selling an inherited property in India, especially when one is not aware of the procedures.

A). How did the property or the asset or the money inherited?

i). Will,

ii). Gift,

iii). Through Court Decree,

iv). Sale Deed,

v). Through Partition,

Secure all the title deeds of the property in the following manner, (whichever is applicable)

a). Title Deed or the Court Order or the Will or the Partition Deed.

b). Revenue Records for the preceding period.

c). Survey Records ( in case of agricultural property)

d). Clearances, approvals and NOC (if applicable)

 

B). Take over the possession and begin the following process:

 

1). Once the property is inherited by the NRI, must transfer the katha or patta to their name.

2). The taxes for the property must be paid regularly and must keep it up to date.

3). At least once in a year, the EC must be checked.

4). The possession must be taken immediately.

5). In the event of renting it out, a rent or lease agreement must be registered.  It is advisable that to save few rupees or evade stamp duty, 90% do not register the rent or lease agreement.

6). Always keep a watch on the property.

7). Keep all the original title documents and in the event if there is any defect or discrepancy, rectify the same and perfect the title.

 

C). Wish to sell the inherited property?

a). Pay up to date taxes.

b). Obtain the EC for the last 13 years.

c). Keep all the originals and do not hand over to anyone at any point of time, till the sale deed is executed and the sale amount or proceeds is received by the seller or the owner or the NRI.

d). Obtain latest Patta or katha certificate or katha extract or RTC.

e). Check the background of the buyer and the agent before, embarking on the negotiation.

f). Appoint the best Chartered Accountant and an advocate for the purpose of sale.  Do not try to save little money in the form of the fees payable to the professional and get into trouble.

g). Do not deal or transact with anti social elements or groups or persons of suspicious background or criminal background to get TOP PRICE.

h). If you do not have the PAN CARD, obtain the same, otherwise the tax implication/liability is 20%.

i). If all the procedures of sale is completed, try to present yourself at the sub-registrar in person to execute the sale deed, if not, GPA or SPA can be executed in favour of a close relative (safe) or any other person with trust to execute the absolute sale deed.

j). Check with the Chartered Accountant regarding the tax implication like Short Term Capital Gain or Long Term Capital Gain and if required the procedure for the repatriation of the sale amount to your country of residence.

 

 

 

FAKE BBMP KATHA IN BANGALORE SOUTH UNDER INVESTIGATION


The BBMP has initiated an investigation on the issue of `A` Katha in Begur Zone as there was a complaint regarding FAKE Katha and FAKE building plans in that area.  It is said that over few hundred such kathas were issued and several multistoried apartments have come up in Bangalore South, in Bannergatta Road and surrounding areas, which had been constructed and sold on FAKE BUILDING PLANS AND KATHA.

Few Banks have approved the home loans and some have sanctioned home loans too.  The FAKE documents had been submitted to BESCOM AND BWSSB to obtain power and water connections.