SOME ARGUMENTS , ANSWERS AND COUNTER ARGUMENTS ABOUT THE CLEARING AND DEMOLITION OF ILLEGAL CONSTRUCTION ON THE ENCROACHED LANDS AT BANGALORE


ENCROACHMENT OF LAKE BED CLEARED:

A KATHA AND OCCUPANCY CERTIFICATE ISSUED –

ISSUE OF A KATHA DOES NOT ENTITLE ANY PERSON TO OBTAIN A KATHA ON MISREPRESENTATION OF FACTS AND THE KATHA AUTOMATICALLY GETS CANCELLED.

OCCUPANCY CERTIFICATE IS ISSUED TO THE BUILDINGS WHICH HAVE COMPLIED WITH ALL STATUTORY REQUIREMENTS AND CONSTRUCTED AS PER SANCTIONED PLAN.

DOES OC ALLOW ENCROACHMENT OF GOVERNMENT LANDS?

DOES ALL THESE ARGUMENTS ARE VALID AND HOLD GOOD IN THE EYES OF LAW?

DEFINITELY NO. NEVER.

ANOTHER ARGUMENT PUT FORTH BY THE OWNERS THAT THE ENCROACHMENTS MUST NOT BE REMOVED BECAUSE THEY ARE NOT AWARE, BECAUSE THEY HAVE INVESTED AND IT IS THEIR PROPERTY.

IT MEANS, EVEN, IF THE DEVELOPER OR THE OWNER HAVE ENCROACHED GOVERNMENT LAND STATING THAT THEY ARE NOT AWARE OR IGNORANT ABOUT THE ENCROACHMENT OF GOVERNMENT LAND, HENCE IT IS LEGAL.

 

THE TRUTH:

THE MATTER WAS BEFORE THE HIGH COURT AND THE COURT DIRECTED THE ASSISTANT COMMISSIONER TO CONDUCT A SURVEY.

HOW CAN ANYBODY SAY THAT THEY ARE NOT AWARE?

The answer to your question is in the above article itself: “Chowdegowda, BBMP additional director, Town Planning, said: We issue the plan sanction based on the availability of ‘A’ Khata and later on, occupancy certificate for constructing without deviating from the sanctioned plan.

Town planning officials cannot be held responsible for issuing an occupancy certificate for the allegedly encroached lake land by Developers.”

 

A COMMENT IN ONE OF THE SITES ABOUT THE ISSUE:
In Bangalore’s real estate history, around 00 flat owners of XXXX XXXXXX have decided to file a cheating case against the developers, 14 years after taking possession of their apartments. The decision came after the Bangalore Urban district administration on Tuesday carried out a partial demolition (COMPOUND WALL)of the apartment allegedly constructed on the Iblur lakebed.

A ground + seven floors apartment complex, has been under existence since the year 2001-02. Flat owners’ association president alleged that they had been kept in the dark about a legal battle between the developers and the state government.

Bangalore district incharge minister Ramalinga Reddy told Bangalore Mirror: “The apartments have been built on encroached lakebed land by the developers. A resurvey by the Assistant Commissioner was also done, the encroachment has been confirmed. The Thasildar has gone for demolition after the Lokayukta served a notice on him asking him why no action has been taken. He has to follow orders.”

One of the affected owners said: ”We bought flats by spending our hard-earned money. The Developers never informed us about the alleged encroachment of the lake land.(even though, they were contesting the suit in the court) BBMP has also issued ‘A’ Khata and the town planning department has also given us the occupancy certificate, then how can we have encroached the lake land.”

ISSUE OF A KATHA DOES NOT ENTITLE ANY PERSON TO OBTAIN A KATHA ON MISREPRESENTATION OF FACTS (encroached government lands ) AND THE KATHA AUTOMATICALLY GETS CANCELLED.

OCCUPANCY CERTIFICATE IS ISSUED TO THE BUILDINGS WHICH HAVE COMPLIED WITH ALL STATUTORY REQUIREMENTS AND CONSTRUCTED AS PER SANCTIONED PLAN.

DOES OC ALLOW ENCROACHMENT OF GOVERNEMENT LANDS?

DOES ALL THESE ARGUMENTS ARE VALID AND HOLD GOOD IN THE EYES OF LAW?

Another flat owner said: “The developer has cheated us. Officials cannot just demolish a part of the apartment. Officials came this morning and pasted the notice on our compound wall. This is not the way to treat tax-payers.”

IGNORANCE OF LAW IS NO EXCUSE- EVERYBODY FEIGNS IGNORANCE, THINKING THAT THEY CAN GET AWAY WITH IT!!! WHEN THE MATTER WAS BEFORE THE HIGH COURT, HOW CAN THEY SAY, THEY ARE NOT AWARE OR IGNORANT.

HOW TRUE IS THEIR REAL IGNORANCE?

Bangalore urban deputy commissioner’s office Tashildar (enforcement) Chudamani said, ” On Tuesday, around 18 acre of lake land worth Rs 15 crore has been recovered.”

Bangalore South Tahsildar B R Dayanand said, “Everything has been carried out according to the law. The present outer ring road is itself on lake land, but the then cabinet decided to take up the road work. ”

On January 18, 2013, the then Bangalore South Tahsildar had issued orders for recovering lake land, but the process was kept in abeyance. On February 19 this year, Dayanand issued the fresh recovering order which was executed on March 4.

Dayanand said, “Iblur village survey No 36 is a genuine lake land. Two people, Harish Krishna and Papanna, had encroached 81 gunta, while Jacob had encroached 4 gunta, Rajesh Babu 3/4 gunta, Sun City developers 4 gunta, Sobha Developers 4 gunta, Pujari Krishnappa 12 gunta, Flower school 1 gunta, and another person Narasa Reddy has also encroached some land.”

Sobha maintained that their apartment was legal, based on a Plan Sanction bearing P.S/EM/TA-3/E/02-1999-2000, dated 17.11.1999 and an Occupancy Certificate bearing No. BDA/EM/TA-3/T-101/2002-03 dated 05.03.2003 issued by the Bangalore Development Authority. They accused the tashildar of not complying with the orders of the High Court as also the Asst Commissioner. ”Without hearing the owners or providing them with the Survey Report, the tahsildar has pasted a notice dated March 1, 2014.’ ‘ a Sobha representative aid.

A flat owner, said: ”The developer kept us in the dark. The association has decided to take up a legal battle against them.”


The builders made their money, even the investors have offloaded all their units by now and the only one suffering will be the end-users.

ALL IS NOT WELL.

THE OWNERS HAVE OBTAINED A TEMPORARY STAY ORDER FROM THE COURT, NOW, THE BURDEN OF PROOF LIES ON THEM TO PROVE THAT THE SAID LAND IS THEIR OWN AND IT IS NOT AN ENCROACHED LAND.

 

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