The suit regarding the industrial land in survey no.42, pattandur Agrahara, allotted to Joy Ice Cream for industrial purpose at a very cheaper rate by the Government with a condition that the allotted land MUST ONLY BE USED FOR INDUSTRIAL PURPOSE, the said property was sold to prestige group, and the builder obtained the sanction of building plan and began the construction. In the meanwhile, the STF discovered the discrepancy and recommended that the land be vested with the state as it had violated the conditions of sale. The Deputy Commissioner, Bangalore District, resumed the said property.
The builder approached the court and as usual obtained a stay order ( the simple strategy of the builders to hoodwink the investors and buyers) to the said resumption. Mr.Hiremutt, a social activist, fighting many such cases, is said to have issued a paper statement, which the high court felt it as derogatory and summoned Mr.Hiremutt.
This subject will reach the apex court soon.
But, the investors and the buyers have to be satisfied that there is a STAY ORDER and there are no answers for:
1). Whether the property allotted by the state specifically for the industrial activity be used for other purposes?
a). The land acquired from poor farmers at throwaway prices and allotted to the industries with all facilities, so that the industries generate employment, use the locally available natural resources, consume the electricity, generate revenue to the Government in the form of VAT, Excise, Service Tax, Professional Tax and Income Tax. The intention of the state to provide land and infrastructure is for the development and not for the profit of a group by selling the land thus allotted.
b). The builder MUST have obtained NOC for the change of land use from KIADB, but might have not obtained the same.
c). The change of land use condition need not be specified at all as it is implied.
d). It is crystal clear that the builder has violated and also obtained the building plan without obtaining the NOC from KIADB and BDA`s role in the sanction of the plan must be investigated.
2). Filing of Writ Petition will not entitle or grant the right, title and interest to the plaintiff. It will be conferred only by the decree of the court. Hence, the consoling words like, the subject matter is in the court, does not have any validity at all.
The affected investors and buyers are sitting in the corner of their home, cribbing and crying, watching the episode without a murmur.
There are some more like this. The skeletons will tumble out one by one.
THE HIGH COURT OF KARNATAKA HAS RESTRAINED THE FOLLOWING THREE BUILDERS FROM CREATING THIRD PARTY INTEREST IN THE APARTMENTS OR PROJECTS ON MULTISTORIED APARTMENT COMPLEX AT BEGUR VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK, TILL FURTHER ORDERS.
M/S.Sudela Constructions Private Limited (HIRANANDANAI) IN BANGALORE SOUTH (HIRANANDANI UPSCALE), DLF BANGALORE SOUTH AND ANNBEL BUILDERS AND DEVELOPERS BEGUR VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK IS UNDER PERPETUAL LITIGATION AND SCRUTINY. THERE IS NO END IN SIGHT.
BUT THE CONSTRUCTION IS ON AND THE MARKETING TEAM SHOWS THE BUYERS THAT EVERYTHING IS ALLRIGHT AND THE CONSTRUCTION IS IN FULL SWING.
DLF SOUTHERN HOMES PRIVATE LIMITED AND ANNABEL BUILDERS AND DEVELOPERS FLOATED (PRELAUNCH) THEIR PROJECTS IN 2009 WITH FRAUDULENT MANIPULATION OF THE STATUTES WITH THE CONNIVANCE OF THE OFFICIALS AND THESE PROJECTS ON THE BEGUR ROAD HAVE BEEN UNDER LITIGATION SINCE ITS INCEPTION AND YESTERDAY, THE HIGH COURT OF KARNATAKA HAS RESTRAINED THESE BUILDERS NOT TO CREATE ANY THIRD PARTY INTEREST IN THE SCHEDULE PROPERTIES OR APARTMENTS CONSTRUCTED ON THESE SURVEY NUMBERS AND ANY SUCH CONVEYANCE OR SALE DEEDS OR SALE AGREEMENT IS IN TOTAL CONTRAVENTION OF THE HIGH COURT ORDER. THERE SEEMS TO BE A CBI INVESTIGATION IS ALL SET AND BUYERS OR THOSE WHO HAVE ALREADY BOOKED ARE UNDER SEVERE STRAIN AND THOSE WHO HAVE OCCUPIED MAY NOT GET THE OCCUPANCY CERTIFICATE AND CANNOT RESELL THESE APARTMENTS.
FURTHERMORE, THE SURVEY CONDUCTED BY THE CONCERNED DEPARTMENT HAS ALSO DETECTED DISCREPANCIES IN THE SAID PROJECTS, WHICH MIGHT ALSO INVESTIGATED.
THE CIVIC AMENITY SITES, RAJA KALUVE, BANDI DAARI, KAALU DAARI, NAALA AND PARKS ARE THE PROPERTIES OF THE GOVERNMENT AND IT IS NOT THE PRIVATE PROPERTIES OF THESE BUILDERS, ANY COMMON MAN CAN USE IT. IT IS A PUBLIC PROPERTY. FENCING OF THESE CIVIC AMENITY SITES ARE ILLEGAL IN THESE PROJECTS. THE BUYERS ARE NOT AWARE OF IT.
ALONG WITH THE EXISTING LITIGATIONS AND COMPLICATIONS, THE ORIGINAL LANDLORDS ARE CONTEMPLATING TO INITIATE TITLE SUITS AGAINST SOME OF THE BUILDERS IN THE SAME SURVEY NUMBERS, AS SOON AS THE AFORESAID LITIGATION COMES TO AN END.
It is also observed that there are several litigation pending against promoters/developer in various Courts, for violation of rules laid down by BDA/BBMP, even BMTF already filed a case in Chief Metropolitan Magistrate Court against the M/s.XXXXXXXXXXXX Pvt. Ltd. vide case No.CRxxxxxx and in Lokayuktha Court also there is a case pending against them. The developers filed Criminal Petition No.XXXX/20XX in the Hon’ble High Court of Karnataka and got temporary stay against the BMTF, but the Lokayuktha Court case is going on. The worshipful mayor had ordered the complete survey of lands at Begur and give detailed reports about width of the Road, CA Zones and encroachment by the builders/developers. All these cases has to be decided and if they get the order in their favour than only the developers/promoters can get into agreements with prospective clients, who are interest to buy the property promoted by them.
Apart from these the developers/promoters has to produce XXXXXXXX with clear drawings by XXXX Surveyor to all the survey numbers. To produce the clear sketch in all the survey numbers ear marking the Raja Kaluve, Bandi Dari, Kharab Land and Kalyani. To produce the Commencement Certificates, previous sanctioned plan, TDR related documents with respect to 5% of lands relinquishment.
If anyone or all of the NOC’s permissions, licenses, approvals, consents from any authority or department or board, obtained from BDA, Deputy Commissioner, Police Department, BBMP, BWSSB, KSPCB, Fire and Emergency Services, BSNL, GIS on and by the misrepresentation of facts and in contravention to the prevailing laws, all of them stands cancelled without notice or intimation.
It is seen that the Developer/Builder/Sellers has deliberately misrepresented the facts and obtained all the aforesaid applicable Permissions, License and Apoproval of building plan from the concerned department and authorities which is not legally valid. Prosecution proceedings may be instituted by the concerned authorities against the offenders for violation.
READYMADE ANSWERS FROM THESE BUILDERS, DEVELOPERS AND LITIGANTS ARE AS UNDER:
` OUR BUILDER CAN DO ANYTHING AND EVERYTHING` `HE WILL SETTLE IT`, `IT IS A FRIVULUS LITIGATION`, OUR BUILDER IS WELL CONNECTED AND POWERFUL, `YOU NEED NOT WORRY ABOUT IT`, FURTHER, IF THE BUYER INSISTS, THE FINAL ANSWER `SIR, IF YOU DO NOT WANT IT, WE HAVE TOO MANY BUYERS AT THIS PRICE, WE WILL RESELL IT FOR YOU`
WITH THIS KIND OF ANSWERS, THEY SUCK YOUR MONEY AND IT WILL GO INTO DRAINS
ALL THESE BUILDINGS/COMPLEX /RESIDENTIAL PROJECTS HAVE BEEN APPROVED BY LEADING BANKERS
The High Court of Karnataka has stayed the order of the Land Tribunal, which on July 16 declared that the land on which the building was built vest with the State government, based on which the district administration recently took over the building.
Justice B. Sreenivase Gowda passed the interim order on Thursday, staying the July 16 order of the tribunal for eight weeks, after hearing the petitions filed by Salarpuria Profin Pvt. Ltd. and Sattva Real Estate Pvt. Ltd.
THE HIGH COURT OF KARNATAKA HAS ISSUED A NOTICE (TODAY) TO THE STATE GOVERNMENT ON THE AKRAMA-SAKRAMA SCHEME TO BE IMPLEMENTED AND SCHEDULED THE HEARING OF THE PETITION ON 13-05-2015.
IF THE PETITION IS NOT ALLOWED OR A STAY ORDER TO THE AMENDMENT IS NOT ISSUED, THE PLAINTIFFS MAY APPROACH THE APEX COURT.
THE NOTORIOUS ILLEGAL SCHEME OF REGULARISING THE ILLEGALITIES OF VIOLATION AND DEVIATION IN THE FORMATION OF LAYOUTS AND BUILDINGS IN KARNATAKA MAY GET CLEARANCE FROM THE COURT, IF EVERYTHING OR EVERY OTHER THING GOES WELL AND ALL THE ILLEGAL PROPERTY OWNERS CAN OBTAIN THE BENEFIT.
THIS WILL ENABLE THE B FORM OWNERS (not all)TO GET THEIR PROPERTIES REGULARISED.
A PRESS REPORT
HIGH COURT DIRECTION AND WARNING TO BBMP TO DEMOLISH THE ILLEGAL AND UNAUTHORISED STRUCTURE IN THE HEART OF THE CITY – RICHMOND ROAD.
THE COMPLAINT WAS LODGED BY THE NEIGHBOURS!!
BBMP had not followed the court’s five-month-old order to raze the construction
Warning the BBMP officials for not performing their duties, the High Court on Monday gave them just one day to complete demolition of an illegal construction near Richmond Road. The BBMPadvocate pleaded for more time, but the court ordered that BBMP report to the court by 10.30 am on December 10 about complying with its earlier order.
The HC had in August this year ordered the removal of the construction that had violated building plans. Without mincing words about the way BBMP functioned, the court said that ever since the order was passed in August, the BBMP commissioner, along with his entourage of officers from the peon upwards, had remained silent on the issue for various considerations. “They have failed to perform their statutory duties and obligations. If engineers think the purpose of statutes is for statistical purpose, they are sadly mistaken. There is no plausible explanation for not carrying out the orders passed in August 2014. The officers concerned are primarily responsible for this fiasco. The respondents (Zonal joint commissioner, BBMP, executive engineer, Ward 111 and assistant executive engineer, Ward 111) are to execute the order and report by 4.30 pm,” the court ordered.
But the BBMP advocate sought more time, pleading, “give at least 24 hours, so that it can be done honourably.” The court said, “there is nothing honourable in what you (BBMP) are doing. I am telling this on your face.” The advocate pleaded that there was much stress involved in doing things. “Do you know what stress is? Stress is what has happened since August,” the court said. The court then gave BBMP time till 10.30 am on Wednesday to execute its August order.
The Rustumji Residency Owners Association had filed the petition against a construction in a property next to it that had allegedly violated building laws. The BBMP was made a party and the court in August passed the order for removing the illegal construction. The BBMP had not followed the orders. The Association filed one more petition.
Photos of the construction, on how it was on the day of the earlier order and what had happened after that, were presented before the court.