ENCROACHMENT OF PUBLIC LAND – STATEMENTS


The Confederation of Real Estate Developers’ Associations of India (CREDAI) claimed that no developer identified with CREDAI has encroached upon storm water drains (SWDs).

CREDAI members have now offered to remodel SWDs under the PPP model.

So the question arises that if none of their builders have encroached upon SWDs, why are they offering their services under corporate social responsibility, that too absolutely FREE?

CREDAI members from Bengaluru expressed worry over the crumbling of ‘Brand Bengaluru’ with the ongoing demolition and alleged allegations against prominent builders. But, it is well known fact that they are all businessmen, worried more about the income than Bangalore.


One builder (responsible)has denied allegations that the  Mall has encroached an SWD and said that the Mall was developed on a property acquired in a public auction conducted in 2005, and it was built after plan approval from BBMP and NOCs from government agencies, including ministry of environment. BBMP issued occupancy certificate in the year 2012.

But, the truth is different altogether.

Acquiring through public auction does not mean that there is no ENCROACHMENT and does not give clean chit from illegalities and encroachments.  The preceding seller or the owner of the property might have misrepresented the facts.  Check the village map and the survey documents.

The Malleshwaram village, Jodi Ranganathapura Village, Vyalikaval Village and the surrounding areas were once watershed zones and there were massive size raja kaluve which are reduced to 5 feet to 15 feet.

The village maps and the survey maps do not lie.

The CREDAI has come up with a different line of argument stating that the High Court Of Karnataka has observed  in one of its judgments (in the case of Sobha Developers) that the CDP Map is final. 

It cannot be generalized and it is applicable only to the particular case.

The CDP had been challenged in the court many a times and there have been modifications to the approved CDP.

 

 

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