CAG RAPS BDA ON BUILDING PLAN VIOLATION – CAG REPORT – A Press Report


CAG: BDA overlooked change of land-use plan by developer

The CAG statement comes in the backdrop of BDA’s lapses in sanctioning building plans for Prestige Augusta Golf Village project in Vaderahalli village, east Bengaluru, which involves development of 460 luxury villas and twin houses spread over 104 acres designed around a nine-hole golf course. In its second instalment on the general and social sectors, the CAG report said the project, initiated in 2013, is facing demolition owing to the BDA’s failure to consider the general power of attorney (GPA) before sanctioning the detailed building plan that resulted in deviation from the approved development plan.
The Comptroller and Auditor General (CAG) has slammed the Bangalore Development Authority for its failure to monitor compliance with building bylaws, especially involving large projects, and said it has resulted in the exploitation of unwary buyers. The audit report placed in the assembly on Monday said the BDA must continuously ensure bylaws are followed. “Failure to do so may result in severe losses to the buyers since BDA may subsequently deny occupancy certificates or demolish the building as those would be illegal structures,” it added.

According to the report, the BDA, in December 2016, issued notice to Prestige Developers seeking reasons for contravening the scope of the development plan approved by the authority. Since the reply was unsatisfactory, it directed the builder to stop work and remove the structure constructed while recallig the sanctioned plan. By then, the developer had developed, ad vertised and sold some residential units in the agricultural land zone to prospective owners violating the norms stipulated in the zoning regulations of the Revised Master Plan 2015 for Bengaluru. As per the regulations, if the land is more than 40 hectares, golf course along with ancillary units like administrative office, guest rooms guest houses and dining facilities may be permitted for housing the staff of government, semi-government, public and private limited for short duration.

The back story

In 2012, owners of Survey Nos 27 to 42 and 56 of Vaderahalli village applied for conversion of land use from agricultural to nonagricultural for the development of golf course and ancillary units. The then deputy commissioner, Bengaluru Rural district, gave the approval on the condition that the land would be used for the intended purpose and construction would be undertaken after obtaining approval from zonal development authorities.

The owners applied to the BDA for sanction of non-residential development plan and it was approved on January 21, 2013 for a golf course and ancillary units. The report said that BDA issued the work order on June 28, 2013 after the land owner entered into a development agreement with Prestige Developers to develop the property and for its sale after executing a GPA in favour of the developer , empowering him to sell, lease, mortgage, exchange or otherwise 67% divided and or undivided share in the land.

“The GPA was submitted along with other docu ments to BDA prior to seeking sanction for the detailed building plan. Despite possessing the GPA, which altered the scope of the development plan sanctioned, BDA sanctioned the detailed building plan for construction of golf course with 460 guest houses on remittance of prescribed fees and charges,” the report said.

 

 

BELLANDUR LAKE FIRE AND POLLUTION – NGT TAKES UP THE ISSUE


The National Green Tribunal (NGT) has suo motu issued notices to all the agencies involved in the upkeep of the heavily polluted Bellandur lake following the most recent outbreak of fire. The matter is listed for Wednesday and NGT has asked for a plan of action from the agencies regarding controlling pollution in the lake, sources said.

The Bangalore Development Authority (custodian of the lake), the civic body (in-charge of storm water drains and alleged to have failed to check the dumping of waste into the lake), BWSSB for letting in untreated sewage into the lake, KSPCB and KLCDA in-charge of lakes in the city, have been served notices.

 

Questions and Queries related to Akrama Sakrama


1). What is FAR?

2). What is Setback?

3). What is height restriction?

4). What is Zonal Regulation?

5). What are the eligibility conditions of the property to apply for the regularisation?

6). How much is the scrutiny fee?

7). How much is the regularisation fee?

8). When the scrutiny fee and the regularisation fee has to be paid?

9). Who can apply for the regularisation?

10). What are the documents that are required to be submitted for the regularisation?

11). What type of properties are eligible for regularisation?

12). Will there be a check on the documents submitted?

13). Where shall I submit the application?

14). Where can I get the application?

15). Can I submit the application online?

16). What will happen, if the violation and deviation is not regularised?

17). How to reduce the deviation or violation to bring to the parameters set by the Government?

18). Who has to pay the regularisation fee? ( in case of apartments-unauthorised floor)

All the queries and questions will be answered soon through a booklet and will be widely published by the Government/BBMP soon.

For.Further Details contact the BBMP after the notification is issued.

 

AKRAMA – SAKRAMA – UPDATE – A NEW YEAR GIFT FROM THE GOVERNMENT FOR THE REGULARISATION OF VIOLATION AND DEVIATION


AKRAMA – SAKRAMA – UPDATE – A NEW YEAR GIFT FROM THE GOVERNMENT FOR THE REGULARISATION OF VIOLATION AND DEVIATION

The Government of Karnataka will notify the AKRAMA-SAKRAMA Scheme, may be from 02-01-2017 and the applications can be submitted till April, 2017.

In a bid to thwart any attempt to bring in a STAY ORDER, the Government has submitted a CAVEAT in the Supreme Court of India.

The Scheme will be enforced subject to the Supreme Court directives.

It is estimated that there are over 10,00,000 properties which have deviated from the sanctioned building plan and over few lakh sites which are in the revenue belt and DC Converted in unauthorised layouts.

B katha sites, if, eligible can regularise and the buildings with a deviation and violation of 50% in case of residential buildings and 25% in case of commercial buildings can be regularised under this scheme.

The state government on Saturday decided to invite applications from property owners for regularisation of illegal properties within the limits of the Bruhat Bangalore Mahangara Palike (BBMP).

A high-level meeting of BBMP, BDA and Urban Development department chaired by CM Siddaramaiah resolved to give four months time to the public to submit their applications for regularisation.

The state government, after resolving a few technical issues within the scheme, has finally decided to issue an official notification inviting applications from the public. Addressing media persons, Bengaluru Development Minister KJ George said, “The government has set a deadline of four months to submit applications by the public. Those properties built before 19 October 2013 are eligible for regularisation.” Elaborating further, George said, “There will not be any change in the fee structure which is based on the guidance value of the property.

All residential properties with 50 per cent deviation and commercial properties with 25 per cent deviation will be eligible to apply under the scheme.

Public can submit their applications online as well as manually at BBMP offices. Any property, which has deviation and had failed to apply under the scheme, will be mapped and mercilessly demolished after the end of the deadline.”

 

 

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.

 

BBMP AND BDA OFFICIALS BOOKED


The Government under the stewardship of tough Chief Minister has booked the erring and erred BBMP and BDA officials, who are still working and the retired for permitting or sanctioning the building plans on Raja Kaluve and lakes.

A news report:

CM suspends 13 BBMP officials who ‘let encroach-ments happen’; another seven who have already retired face action too

After razing the illegal structures built upon storm water drains in the city, the axe will now strike on officials who allowed these encroachments to take place. And to start with, the state government has identified 20 officials who allegedly colluded with realtors to illegally take up drain space.

The report prepared by additional chief secretary (urban development department) Mahendra Jain was tabled before chief minister Siddaramaiah on Monday.

ources from within the chief minister’s office confirmed that a recommendation had been made for immediate suspension of these officials and for the filing criminal cases against each of them.

Of the 20 officials named, five belong to the Bangalore Development Authority (BDA) and the remaining are from the Bruhat Bengaluru Mahanagara Palike (BBMP). Seven have retired.

“Diversion of the storm water drain was the main reason for south Bengaluru getting flooded. Avani Shringeri Layout, Duo Enclave, Shubh Enclave, Central Excise Layout, Silk Board junction and KAS Colony were among the worst hit,” said an officer, who was part of the investigative team.

A source in the CM’s office said: “We have received the report from the urban development department. The immediate suspension of these officials, launching criminal prosecution and disciplinary inquiry against them is being recommended.”

BDA officials have been held responsible for issuing development plan for builders to take up the project, which also got the nod from their legal department,
explained an official in the know. “The BBMP officials were held responsible for granting permission to take up construction (building sanction plan) and then issuing commencement certificate, and at a later stage, the occupancy certificate, after inspecting the spot and still failing to see the violations,” said the official.

An excerpt from the report reads, “Nala was diverted sharp at 90 degree angle at two places to accommodate a few buildings. These buildings were found at the edge of the Nala.” The properties belonging to EAPL Sri Tirumala Splendor, Ansal Forte, and an individual named Vivan, among others, have been held responsible. All these properties are located near Silk Board junction and close to the Madiwala Lake.


1 SC Karigowda – town planning member (retired), BDA

2 GJ Nayak – town planning member (retired), BDA

3 D Satyanarayana – Engineer member (retired), BDA

4 MN Shankar Bhat – lawofficer, BDA (retired)

5 Guruprasad – BBMP assistant engineer

6 Shashidhar – BBMP assistant executive engineer

7 BT Mohan Krishna – then deputy director, town planning (south)

8 Govindraju – then joint director (south), now chief engineer (west)

9 Chowde Gowda – additional director, town planning (retired)

10 K Veerandranath – retired additional director, BBMP town planning

11 Mohammad Abdulla Azeem – asst exec engineer

12 G Gurumurthy – assistant exec engineer, town planning

13 Vijaykumar D Patil – assistant director, town planning

14 DS Sarvotham Raju – assistant executive engineer

15 S Mrithyunjaya – assistant engineer

16 T Nataraj – joint director, town planning (north)


17 Sunita – assistant engineer

18 Gangappa- assistant executive engineer

19 Liakath – assistant executive engineer, town planning

20 Munikrishna, BBMP chief engineer (retired)

ACTION-

K Veerandranath – additional director, BBMP town planning (retired)

Mohammad Abdulla Azeem – asst exec engineer

G Gurumurthy – asst exec engineer, town planning

ALLEGATIONS

All three officials during their tenure allowed KJ Vivan, owner of the survey No 10/3, to construct an apartment by violating the village map. The said survey falls under Nyanappanahalli village of Begur Hobli near Bannerghatta Road. These officials did not pay attention to the buffer zone of the storm water drain and sanctioned the plan.

ACTION TO BE TAKEN

Veerandranath, who’s retired, faces action under Section 214 of KCSR 1957 rules as also a criminal case. The BBMP commissioner has been empowered to file the criminal case.

Azeem and Gurumurthy, both from public works departments who were working at the BBMP on deputation, have been suspended and a departmental inquiry has been ordered.

Guruprasad – BBMP assistant engineer
Shashidhar – BBMP assistant executive engineer
BT Mohan Krishna – then deputy director, town planning (south)

Govindraju – then joint director (south), now chief engineer (west)

Chowde Gowda – additional director, town planning (retired)

ALLEGATIONS

These officials did not keep in mind the buffer zone while allowing the construction of EAPL (Thirumala’s Splendour) apartment on Hosur Road. They sanctioned the plan for the builder.

ACTION

Chowde Gowda, who is retired, faces criminal prosecution.

A departmental inquiry has also been ordered against the other four. They have been suspended to avoid tampering with evidence and a criminal case will also be filed.

Sunita – assistant engineer

Gangappa- assistant executive engineer

Liakath – assistant executive engineer, town planning

Munikrishna, BBMP chief engineer (retired)

Allegations

All these officials had also ignored the buffer zone rule and sanctioned the plans for a few residential properties in Shubh Enclave near Kasavanahalli village. It is alleged that they violated the buffer zone between two lakes – Kasavanahalli and Kaikondanahalli lakes.

Action

Criminal cases against all of them and also a departmental inquiry against Munikrishana, who is retired.

S Mrithyunjaya – assistant engineer

T Nataraj – joint director, town planning (north)

Allegations
These officials allowed a developer to construct apartments at Khata No 3604/50/1, 50/2, 52/1, 58, 59/1 and 61/1A,

disregarding the rule on buffer zone. This led to the blocking of the storm water drain.

Action

Mrithyunjaya was at the BBMP on deputation from the PWD. A departmental inquiry has been ordered against all three

including Natraj and commissioner has been asked to filed criminal case.

SC Karigowda – town planning member (retired), BDA

GJ Nayak – town planning member (retired), BDA

D Satyanarayana – Engineer member (retired), BDA

MN Shankar Bhat – lawofficer, BDA (retired)

Allegations

These officials had given approval for the construction of Ansal Forte property in 1995. Later, in 1998 the plan was

modified an approval was given. In 2003, the BDA also issued the occupancy certificate. Despite the storm water drain nearby, these allowed the construction of the building.

Action

All four officers are retired and the BBMP commissioner has been asked to file a criminal case against them.

Vijaykumar D Patil – assistant director, town planning

DS Sarvotham Raju – assistant executive engineer

Allegations

Both the officers had sanctioned the plan for D Lakkanna and D Shant without checking the buffer zone.

Action

Both of them were working at the BBMP on deputation and are now kept under suspension. The commissioner has been asked to file a criminal case against them.