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RegulariseInfo

Page history last edited by PBworks 16 years, 4 months ago

Sakrama or our Karma 

BBMP Regularisation notice 

 

Meet Advocate Rosario on the Saturday 24th  2007 at LW

VST Premises - 6.00PM. 

 

 

In order to regularise ones property - BBMP has issued regularisation notices  with Last date being December 14th. I shall limit the scenario only to LW. All buildings which have been completed before Feb 2007 can be regularised. For Green view guys - your Association has to FILE for regularising. Individuals Cannot apply. ( this is for Green view only ). For other residents of LW - you can apply individually. 

 

  • I was of the opinion that  Only LW extension owners need to pay Regaularisation Fee , since we built our property on  a Non Converted land.Deccan Herald on the 19th publishes a Q and A  READ HERE, where the BBMP states that PANCHAYAT are not authorised body to approve BUILDINGS OR LAYOUT.
    <*****update... DH 21st********>
    As an update  and a twist – the BBMP Deputy chief on today’s DH  states that :
     

    If your Sale deed reflects the DC conversion number and if the layout is approved by Panchayath – then those sites will not fall under the Regularisation scheme.However he does not state the status of the above site which houses a building which has been approved ( for construction ) by Panchayath.

  • So LW folks ( not the extension  and  those who own property near the Overhead Tank)  can breathe easy – Please do look into the Sale Deed and confirm.
     
     
    • L W as such was approved by Panchyat and all of us ( I assume) have obtained Building plan sanctions from the Panchayath Office. This is NOT recognised by the BBMP. Every one of us have to pay (approx ) @60 Rs sqft to ensure that Our property will be in good books with BDA.
    • With confusion arising and many of the owners contacting me with queries  - I have requested , Advocate Rupert Rosario , ( Prakash ,Dr Bala and I were using his services for  LWA  related work) to come over to LW on Saturday  24th and answer any queries from each us. After discussion with him - he suggested that one to one is the answer for my several queries. If Owners would like to use his services - they can meet him and take it forward. 
    Please note:
    1. Put down your queries and email it to me . I shall then co llate  and send it to Rupert. This I hope will save time.About 70% of questions are repetetive.Keep visitng this site for updated queries
    2. This is NOT an initiative of the Association - so dont call  MC with queries - I am paying the regularisation fee - I am extending the know-how to my fellow neigbours .
    3. Dr S has agreed to provide his basement / clinic  first floor - If no space we shall move to  the cool shades of the Park.
    4. Please Please send email - this will help me consolidate and send to Rosario for quick answers.
    5. Owners who dont reside in  Blore - I shall hook you up with Rupert ( if he agrees ) - other documentation I can help you with.
     
      
    •

    This is the last chance to regularise our sites and be at peace. Let us all be on the right side of the Law. All informations can be obtained from the BBMP website.

    Please also read the Sakrama update from the MC here

    BBMP Deputy Commissioner (Resources) U A Vasanth Rao clarifies below

     

     

    As member of Syndicate Bank Employees House Building Co-op Society I was allotted a site at the Society's project at

    Herohalli, the village which has now come under the BBMP jurisdiction.The land in which the layout has been formed has been acquired through the Government and given to the Society after collecting necessary amount from the society for formation of residential sites for its members.The society in turn prepared a layout plan in conformity with the regulations of BDA and approached them for approvals. BDA on its part demanded a sum of around Rs 3 crore as Cauvery water cess for conveying its approval. The Society is ready to pay but wanted an assurance from BDA about the water supply. The BDA was non committal, the society approached the area panchayath and got its approval for the layout plan and formed the layout accordingly and in turn sold the same to the members.

    We now pay the taxes to the local panchayat. Is the layout deemed to be an approved one?


    No, the layout is not an approved layout. Panchayat do not have any statutory authority to approve the layout. Possession of Katha, payment of property tax or having own water source are not the issues for consideration here. The layout is unauthorised and hence it is advised for  the site owners have to seek for regularisation. And the members of the society need not pay any penalty under Sakrama. The members of the Society have to pay the regularisation fee, if they want to regularise their plot or building, if the building is also unauthorised/violated building bylaws.

    In the notification regarding floor area violations it is mentioned that floor area violations against the approved plans but within the provisions of Zoning regulations or Building bylaws may be regularised on obtaining revised building plan and on payment of prescribed fee under Section 18 of the Act. Where do we get the information on Zoning regulations as it is not covered in the notification

    Zoning regulation will be available in the Received Comprehensive Development Plan 1995. Your architect or Engineer will certainly be having a copy of this publication. In a residential zone if a commercial activity were being carried on, it would be against the zonal regularisation. Such violations are contemplated to be regularised, provided the Bangalore Development Authority approves them.

    My area is Dasarahalli (near Hebbal). Earlier, it was under grama panchayat and we are paying tax to the panchayat office and now it comes under BBMP. Can you please let me know the procedure to come under Sakrama scheme?  

    You fall within the jurisdiction of the Joint Commissioner, BBMP Dasarahalli. Purchase a handbook from any of the     post-offices. The handbook contains all details that will help you to fill up the application form. Submit the same to any of the post-office within Dasarahalli limits mentioned in the handbook.


    I am a builder and have the following doubts about Sakrama  Building 1: We have constructed an apartment in Doddatogur grama panchayat area which has not come under BBMP. The land is DC

    converted. We have built on a joint development. Stilt for parking, G+3 floors. Total 4 floors and only 8 flats; 2 flats on

    each floor on 40x60 site. There is no underground construction. The construction has come up as per the Grama Panchayat plan.

    If the Panchayat has no right to sanction plans, why do they sanction plans for apartments?

    There is no setback or FAR violation. Do we have to apply for Sakrama? If we are told to apply, do we have to submit a

    certificate from a structural engineer about the building's stability? Can I, as a builder pay the Sakrama fees?


    Gram Panchayats are not the statutory authorities to sanction plan. Hence the plan sanctioned is unauthorised and the Government has now provided you an opportunity to apply for its regularisation.

    I own a site in an unauthorised layout. As I have a CMC khatha and also have paid the betterment charges I was told that I need not pay any penalty but have to pay a small fee and get the BBMP Khatha. Clarify the exact position in this regard.

    Payment of regularisation fee to regularise the site from its present unauthorised status, is independent of the any fee paid to obtain the katha. Therefore if you want to regularise your site you have to pay the regularisation fee. You may convey the same to your neighbourhood.

    BBMP says Sakrama is applicable for site registered/building completed prior to 3.2.07. I have registered a building coming under the BBMP (DC converted property) on 19.5.7. The layout is unauthorised. What is the FAR to be considered and the setback? The building was completed by the end of April this year. Does my property come under the preview of Sakrama? Will there be one more Sakrama scheme?

    No, the building does not come with the cut off date prescribed under Sakrama. I cannot say whether there will be another Sakrama scheme or not.  It is the prerogative of the government.

     

     

    Queries:

     

     DR RAO Writes :

    Thanks for sending this imp information. Could you please help me with understand what this implies to me since the KHATA of My Landed Proporety at LW is issued by BBMP.

     Dr Rao. The Deccan herald Link that is provided answers your query.

     

    S Subramnyan writes :

    Regularisation - do plots in Laughing Waters need to be regularised? Our plot (202/1) is DC converted, and I understand the LW Layout itself was sanctioned by the Panchayat. Is this sanction valid? Is the DC conversion valid, now that it is under BBMP?.

    Per my understanding - The Layout Sanction is Invalid. This also is confirmed by Rupert Rosario. You will have to pay Approx 60 Sqft. Look at BBMP website. 

     

    Betterment charges - what is the rate per sq ft for a plot without a building on it? Have residents started making the payments?

    Where do the payments have to be made?

    BetterMent charges are different from regularisation charges. I dont know if the residents have paid. Atleast Residents of 2nd Main will pay after meeting Rosario. Regularisations Payment to be made at Bank in the form of DD.

     

    Preetha Writes:

    1. What is our legal standing on the non conversion part?  

    2. When do we pay the betterment charges?

    3. If we submit the application for regularising the land - will this be accepted non conditionally by BBMP?

    4. Which of the following should we do as individual owners? 

      a.File application for the conversion of land.

      b.File application for approval of layout

      c.File application for paying bettermnet charges. 

    5.I had a khata issued by the local panchayat and a BBMP khata ( I hope it is one) and an approved building plan from the local panchayat.

     

     

    Prakash Sreenivasan:

    Panchayat is also a Government Agency. Hence Govt cannot say (expectation from any citizen) that whatever is approved by Panchayat is illegal. They have not only approved the plan but also has been collecting taxes….What is the sanctity of the Khatha given by GP. Tomorrow BDA can come and say that BBMP is not authorized.

     

    1.Now Our Panchayat is taken over by BBMP and hence all these additional charges. If tomorrow from BBMP some other agency of government takes this up what is the guarantee that again Government will not again ask for money.

    2.Shouldn’t we expose this ‘torture’ by the government?...We have people who publish columns in leading dailies in our layout.

    3.Govt is just milking money and providing no facilities…..Whether govt will punish those govt employees who has created this mess.

    4.Can we file a Public Interest Litigation in this regard (Ine fficiency/Irresponsibility of the govt)  as there are too many such layouts/individuals?

    5.Can we approach Lok Ayuktha on this?

    6.What if we don’t pay the regularization fee?

    7.Is there any way (like a mass note/petition to BBMP) to reduce the Rs 60 per sft to something like 15-20 Rs per sft.

     

    Jayballan and Sarab:

    1. Can we all get rich by suing P.S Developers ( the same set of people now call themselves Prestige )  or do we have to live with the age old mantra "saab chalta hai " and sheepishly reach into our pockets. We have a DeadLine - Dec 14th - I suggest we focus on that and pay under protest. Once done any activity can go on parallel.Also Keep in mind only original buyers (from prestige)  have a right to voice it out against Prestige.

    2. Should the Association not be handling this issue or are they oblivious to what is happening? If I remember correctly you once raised this issue and it was shot down. I cant remember exactly when and why. Please clarify.  

     

    Moshin:

    1. Inspite of Panchayath approval and DC approved certificate - is BBMP still considering it to be invalid? do we have to apply for the regularising act again?.

    2. Panchayath approved building - does it include independent homes or just Multi Storied structure.

     

    Dr. Iyer:

    1. This Rule makes sense going forward. But applying to all the property owners who built before this Act does not seem right. We need to clarify.

     

    Felix:

    1. My property has been registered, and I have now got the khata from BBMP and paid last property tax to BBMP. 

    2. How do I find out the status on my property - do I have to regularise or is it "okay.

     

    Srini Rangan: 

    I have already initiated my regularization work with Mr Rupert Rosario. Thanks a bunch for his reference. I cannot make it to the Nov 24th meeting, However I am landing in Bangalore on Nov 30th. So it still gives me 2 weeks to file before the deadline. 

     

    My site which falls under survey 105/106 is DC converted to industrial use. I have a document copy which I have sent to Rupert. But Rupert says it was later also converted from industrial use to residential. I hope somebody in laughing waters has some documentation to prove this. I would appreciate this if you can bring this up as a open question on the Nov 24 meeting. This might help a bunch of people who plan to file for regularization

     

    Rajat & Sajeev:

    Thanks for sharing the information with us.

    I'll am in Bangalore for a day on the 23rd morning and will be visiting our site with our contractor and architect. If it is ok with you, we would like to drop in to your place with our team so that you could guide them on the process going forward. This would help us all as they may follow up the matter in our absence? .

     

    Naresh:

    I shall make it to the Saturday meeting. I shall follow what the legal authority suggests.

     

    Priyesh:

    I have read the Sakrama 2007 book and please note that there is no need for regularistion when your plan is approved by the Panchayat. Please note that at that point in time Panchayat was the authorised body to sanction plans. As long as there is no deviation there is nothing to fear. The scheme is meant for certain deviations and violations of land use.

     

    Sarbjit & Jayaballan:

    The composite property was converted from non-agricultural purposes vide two endorsements No ALN/SR 1481/66-67 dated 15/06/1967 and B/Dis/ALN/SR 4463 & 4464 of Deputy Commissioner Bangalore dated 27/4/1971.  Mr Rupert  Rosario  - are these the DC conversion numbers the BBMB Deputy Chief is refering to? 

    For your info the S&P further states:- 

    1. By an endorsment No HUD/357/CEI/87 dated 10/05/1988 issued by the Under Secretary to Government, Housing and Urban Development (U.L.C.) Bangalore, it was held that the provisions of Urban Land ( Ceiling and Regulation) Act are not applicable to the land in survey No 105 and 106 of Ramagondahally Village, Varthur Hobli, Bangalore South Taluk.

    2.  By Government Order No. R.D.48 LGP 89, Bangalore dated 30/6/1989, issued by the Under Secretary to the Government, Revenue Department, sanction was occured to the change of purpose of conversion of 30 acres of land situated in Survey Nos. 105 & 106 of Ramagondahalli Village, Varthur Hobli, Bangalore South Taluk, for residential purposes. ( and no I do not have a copy of this ).

     

    Now  Mr Rupert ,whats our position ?

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