DEMOLITION, RECOVERY, ENCROACHMENT, A KATHA, B KATHA, E KATHA, NO KATHA ETC


WAY BACK IN 1960`S TO 1980`S, THE PROPERTY PURCHASE WAS USUALLY DONE THROUGH KNOWN PERSONS OR CHANNELS OR NEIGHBOURS AND THERE WAS NOT MUCH OF “HOME LOANS” AT BANGALORE AND DUE TO THE SUDDEN DEVELOPMENT, THE PRICES SPIRALLED AND THE TOUTS STARTED THE MISCHIEF WITH MANIPULATED-FAKE-BOGUS-WRONG REPRESENTATIONS-FACTS OF THE PROPERTY CONCEALED- TO MAKE MORE MONEY.

THE RESULT OF THIS FAKE DOCUMENTATION IS : DEMOLITION & LITIGATION.

IT IS A WELL KNOWN FACT EVEN DURING 1960`S AND 1970`S, THAT NOBODY USE TO BUILD ANYTHING NEAR THE LAKES, UNDER ELECTRICITY LINES,NEAR RAJA KALUVE AND EVEN ON GOVERNMENT PROPERTIES.

THE SPROUTING OF DEVELOPERS AND BUILDERS, LAND MAFIA, TOUTS AND FRAUDSTERS PAVED THE WAY FOR ALL THE ILLEGALITIES.

IN 2012/13, DUE TO ABNORMAL DEMAND `B`KATHA CREATED, MOST OF THE PROPERTIES UNDER THIS CATEGORY HAS ITS OWN FLAWS, THE GOVERNMENT, EVOLVED A FOOLPROOF SYSTEM TO ISSUE `E` KATHA – ELECTRONIC MODE KATHA IN FORM NO.9 AND 11A AS PER THE DIRECTIVES OF HIGH COURT, THUS PUTTING AN END TO THE AGE OLD MANUAL KATHA.

EVEN, KATHA`S ARE NOT FOOLPROOF, AS IT IS ISSUED BY THE REVENUE AUTHORITY, BY SCRUTINISING THE DOCUMENTS SUBMITTED TO THEM AND IN SOME OF THE CASES, FAKE DOCUMENTS, BOGUS DOCUMENTS, FALSE STATEMENTS, CONTENTS TWISTED DOCUMENTS, FABRICATED DOCUMENTS ARE SUBMITTED, WHICH CANNOT BE OR COULD NOT BE VERIFIED NOT AUTHENTICATED AND KATHA IS ISSUED ON THE BASIS OF MISREPRESENTATION OF FACTS.

MANY BUYERS ARE UNDER THE CONCEPT AND IMPRESSION THAT A KATHA DELIVERS THEM GOOD AND MARKETABLE TITLES. IT IS NOT SO. IT HAS TO BE EXAMINED- HOW THE KATHA IS OBTAINED? WHAT ARE THE DOCUMENTS SUBMITTED? WHETHER APPROPRIATE AND APPLICABLE TAXES, CHARGES AND LEVIES ARE PAID OR NOT? WHETHER, ALL STATUTORY REQUIREMENTS ARE COMPLIED WITH IT OR NOT?

IN A CASE, AT BELLANDUR(CLOSE TO RING ROAD), IN A TOP END APARTMENT OF A FAMOUS BUILDER, THE RESIDENTS OR THE OWNERS(PRESENT), NOW, ARE PAYING BETTERMENT CHARGES TO GET THE KATHA OF THE PROPERTIES, AS SOME OF THE BANKS ARE DEMANDING THE KATHA AND SOME ARE IN THE PROCESS OF SALES.  THEY CANNOT WAIT FOR THE BUILDER TO PAY –  ARE IN A HURRTY – FORCED TO SHELL DOWN THEIR MONEY TO GET THE KATHA.

`A` KATHA, EC, BANK LOAN, BESCOM CONNECTION, BWSSB CONNECTION,PAYMENT OF TAXES AND TOP BUILDER`S NAME OR GOODWILL DOES NOT CONFER ANY RIGHT, TITLE AND INTEREST.

SOME OF OUR READERS WERE VERY ANGRY AND VENT OUT THEIR FEELINGS AND VIEWS STATING THAT THEY HAVE REGISTERED SALE DEED, THE TITLES WERE GOOD AND  LEGAL 15 YEARS BACK AND HOW IT IS NOT LEGAL TODAY. IT WAS NEVER LEGAL. EVEN THE SUB-REGISTRAR CANNOT REGISTER SUCH PROPERTIES, WHICH ARE IN REVENUE LANDS. IT IS CRYSTAL CLEAR THAT AGRICULTURE LAND CANNOT BE BIFURCATED AND SOLD AND IT IS ILLEGAL.  EVEN THE DC CONVERTED SITE DOES NOT CONFER ANY RIGHT, TITLE AND INTEREST WITHOUT PROPER APPROVALS FROM THE CONCERNED TOWN PLANNING AUTHORITY.  THE DC CONVERSION ORDERS ISSUED WAY BACK IN 1970`S AND 1980`S HAD CONDITIONS LAID IN ITS ORDERS THAT THE PROPERTIES WHICH ARE CONVERTED MUST OBTAIN CLEARANCE AND APPROVALS FROM THE APPROPRIATE AUTHORITIES AND ONLY AFTER OBTAINING SUCH CLEARANCE AND APPROVALS, THE MARKETABLE TITLES ARE CONFERRED.  THE MOST IMPORTANT CONDITION IN EVERY ORDER IS THAT IN THE EVENT OF “NON-COMPLIANCE” OF ANY OF THE CONDITIONS WILL RESULT IN THE AUTOMATIC CANCELLATION OF DC CONVERSION ORDER AND ACTION WILL BE INITIATED TO DEMOLISH ANY BUILDINGS OR STRUCTURES WHICH HAVE COME UP ON SUCH PROPERTIES AND THE EXPENDITURE INCURRED TOWARDS SUCH DEMOLITION WILL BE RECOVERED FROM THE OWNER AS REVENUE ARREARS.  THE USE OF SUCH LAND REVERT TO THE ORIGINAL USE, IN CASE OF NON-COMPLIANCE OF ANY OF THE CONDITIONS.  THE GOVERNMENT HAS THE POWERS TO DEMOLISH SUCH STRUCTURES WITHOUT INTIMATION.

BUT, THE BUYERS IN A BID TO ACQUIRE THE PROPERTY, HAS MISREPRESENTED THE FACTS BEFORE THE SUB-REGISTRAR AND GET THE DOCUMENTS REGISTERED.  IN THE SAME MANNER, THE KATHA IS ALSO OBTAINED.

NOW THE BUYERS ASK THE QUESTION? HOW DID SUB-REGISTRAR REGISTERED THE DOCUMENT? FACTS ARE TWISTED AND MISREPRESENTED AND THE BUYER/SELLER PAID XXXXX TO THE TOUT/AGENT TO GET THE SALE DEED REGISTERED AND AGAIN GETS THE KATHA IN THE SAME MANNER, GET THE POWER AND WATER CONNECTION AND PAY THE TAXES, FINALLY, WHEN IT IS DEMOLISHED, THE PROPERTY OWNER GRUMBLES AND CRIES.  

TITLES MUST BE CLEAR WITH MARKETABLE TITLES, ALONG WITH AUTHENTIC KATHA AND ALL STATUTORY APPROVALS, LICENSES, CC,OC AND POSSESSION.

IT IS SAD TO NOTE THAT MANY POOR PEOPLE LOST THEIR HOUSES IN THE RECENT DEMOLITION, WERE COMPLAINING THAT THEY HAVE `A` OR `B` KATHA, TAX PAID RECEIPTS, BESCOM CONNECTION, BWSSB CONNECTION AND REGISTERED SALE DEED. 

IT IS VERY SAD THAT THE HOUSES OF POOR ARE DEMOLISHED AND THE RICH GO SCOT FREE WITH LITIGATION FOR COUPLE OF YEARS AND THE NOTORIOUS BUILDER WHO STOLE THE GOVERNMENT LAND AND ROAD IS HAPPILY ROAMING AROUND AND SELLING HIS PROPERTIES.

THE COMMON STATEMENT MADE BY THE TOUTS, AGENTS AND THE BUILDERS IS THAT “THERE IS 90% DEVIATION EVERYWHERE, HAS THE GOVERNMENT GOT THE GUTS TO DEMOLISH? NO CHANCE” YOU CAN HAPPILY BUY AND IF SOMETHING GOES WRONG, WE WILL BE THERE- BUT THE TRUTH IS THAT YOU(THE BUYERS) WILL NOT BE THERE.

HENCE, CONDUCT DUE DILIGENT ENQUIRY AND EXAMINATION INTO ALL THE ASPECTS AND THEN PROCEED TO BUY. NO HURRY. IF YOU HURRY, WORRY WILL TAKE OVER.

4 thoughts on “DEMOLITION, RECOVERY, ENCROACHMENT, A KATHA, B KATHA, E KATHA, NO KATHA ETC

  1. Why to Blame the builders? We should blame the system which is bending the back bone by getting bribe. BBMP is the only one culprit here…why they are not taking action during the initial stages of construction? why they are complicating the real estate sector? In most of the state,after registering the land or property at Registrar office the will give a form to submit at the village office/panchayath/municipal body.Then they will issue the property tax number/house number…but in Karnataka still we are having 100 years old real estate laws…we should go for Katha etc…we should change these bottle necks first and ease the law

    1. In every state, once the property is registered, application has to be made to obtain PATTA in kerala, tamil nadu and AP (It is called Katha in BBMP and Pahani Patrike in karnataka).

      If the titles are good and all the approvals are in place, you can easily get katha, but has to run around for sometime.

  2. 1. Why does not Lake Development Authority put up a big banner survey at each lake with measurement and area sketch details. All these demolish and anguish could have been avoided.
    Similarly why does not government publish hoardings at Raja Kulave, Government land and so forth. This simple think will avoid lot of pains for citizens.

    2. Why does the subregistrar register individual plots that are part of agriculture/gramatana land.
    How can the buyer of such plot get the site DC converted – what procedure.
    And the procedure should be workable. Ideally we should be apply and managed via internet system application to avoid the government greasy palms

    3. Why does the subregistrar register individual plots that does not have all the required documents for DC Converted site.

    4. why does not government clearly publish, “List of documents/approvals” for buying each type of land. Infact they should keep repeated TV programmes for this.
    Please dont expect ignorant citizens to know all the rules that gets added in Giffy

    We call our self IT capital of India and why does it be so difficult to digitize all land / plot /house records
    Why so slooooow?

    1. Dear Sir,

      Your are right.
      1). There were boards in majority of the lakes. But, they are soiled deliberately or damaged or removed. Rajakaluve boards has not been put. But all the details are available in the village map and survey documents of the property in all government offices. It is the duty of the purchaser to verify, check and cross check all the relevant drawings, sketches, tippany and survey records, before the purchase.
      2). Sub-Registrar does not create documents. He registers the documents presented to him, which are either twisted or fabricated or changed to show that they can be registered. Even today, after so much of issues, gramathana sites are being bought by the purchasers, knowingly well that they are illegal. What can the sub-registrar do? When documents are presented to him with such annexures? Apart from this, There is financial inducement?
      3). The question must be answered by the buyer of the property. The sub-registrar is induced and documents are presented in such a way, that it can be registered.
      4). Please visit the sub-Registrar office and check. It is there in the notice board.
      IGNORANCE OF LAW IS NO EXCUSE.
      The mercantile law presumes that the buyer knows, what he buys. “Caveat Emptor” or “LET THE BUYER BEWARE”, may be applicable for the purchases.

      Here, the seller, the agent, the sub-registrar, the govt officials and finally the buyer are involved. Few buyers does not have knowledge about the property of this kind, but majority have clear knowledge about it. Everyone knew about B katha does not exist and is not valid, still they buy and all the buyers know that agriculture or revenue land cannot be bought, but still buy. When, the trouble erupts, everyone say, they are poor and got cheated or they are poor and cannot buy BDA or high priced clear titled property.

      Sir,
      Titles must be thoroughly checked, Revenue documents must be checked and verified and survey records must be verified and checked, before buying any property. This is a time consuming exercise and the fee has to be paid for the professionals for their service, the buyers does not want to spend time and money.

      EP team

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