akrama sakrama: impact on B-khata sites: a review & question

[rkirana]

Per Akrama-Sakrama, we can convert B-khata sitest to A-khata even for individual sites. For example:

TODAY: If there is a layout of 4 acres that was a gated community by builder without approvals from BDA (example: no park area, no civic amenity site,..etc), then we cannot regularize ONLY our site of 40x30 or 40x60. All the plots in the gated community should apply together and pay betterment charges

AFTER AKRAMA SAKRAMA: We can regularize our site only even if other sites in the layout do not regularize their portions.

However what is the cutoff date for Akrama-Sakrama likely to be? per the below news report the cutoff date is Oct 19, 2013.
http://www.newindianexpress.com/cities/ ... 236487.ece

This means that if we bought a B-khata site before Oct 19, 2013 we can regularize it, but now. Is this understanding correct?

[Pratap]

Hi Kiran,

Yes even I heard from BBMP official that if all the plot owners of a DC converted layout can together can apply for betterment charge in order to get the A Khata.
But this is not a easy task.

[RKalabhavi]

Hi,

I own a B Khata plot at Upkar layout which was purchased September 2013, So as per above discussion will there be any chance for me to get convert to A Khata plot. Also gotto know that there were only few B Khata plots present in Upkar Layout, So guys can you please guide how to proceed with conversion to A Khata and whom al to contact

[msn1270]

As of now, for Individual Sites, BBMP has not yet started collecting Betterment charges and issue the A-Khata. They started
for the full layouts already. As of now, BBMP is in dilemma due to lack of clarity, whether to issue A-Khata or wait till the
Akrama-Sakrama Scheme comes info effect. In either case they have to take early decision, as BBMP elections is scheduled for next year.

Meanwhile, as per Media news, yesterday State Govt. has asked BBMP to start collecting the Annual taxes from B-Khata Owners also.
If this is true, shortly, this could turn to be a positive news for Individual B Khata Plot Owners also. As once BBMP starts collecting the
Taxes, they can't deny issuing Legal Khata at some point of time, as it can be challenged by anyone, if they deny it after collecting taxes.

[rkirana]

All owners coming together is impossible task. There will always be some sites that the developer still has/not sold - and he will want the eventual buyer to pay betterment charges
There will be some site owners that will not want to pay now as they have no plan of constructing house
Akrama/Sakrama is the only way

Hi Kiran,

Yes even I heard from BBMP official that if all the plot owners of a DC converted layout can together can apply for betterment charge in order to get the A Khata.
But this is not a easy task.

[rkirana]

Kalabhavi,
yes, you can regularize once akrama sakrama comes in by paying fine + 5% of your site guidance value

Hi,

I own a B Khata plot at Upkar layout which was purchased September 2013, So as per above discussion will there be any chance for me to get convert to A Khata plot. Also gotto know that there were only few B Khata plots present in Upkar Layout, So guys can you please guide how to proceed with conversion to A Khata and whom al to contact

[rkirana]

B-khata sites have always been paying property tax. B-khata is not a khata but a register maintained to collect taxes

So payment of taxes does not make a B-khata site a A-khata sites. If you bought your site before Oct 2013 as per last akrama-sakrama notification, you can get your site converted to A-khata. Else the govt may decide to convert your B-khata site into a park or a civic amenity site as per their wish as a B-khata site that is not regularized does not allow you to get a building plan to construct

As of now, for Individual Sites, BBMP has not yet started collecting Betterment charges and issue the A-Khata. They started
for the full layouts already. As of now, BBMP is in dilemma due to lack of clarity, whether to issue A-Khata or wait till the
Akrama-Sakrama Scheme comes info effect. In either case they have to take early decision, as BBMP elections is scheduled for next year.

Meanwhile, as per Media news, yesterday State Govt. has asked BBMP to start collecting the Annual taxes from B-Khata Owners also.
If this is true, shortly, this could turn to be a positive news for Individual B Khata Plot Owners also. As once BBMP starts collecting the
Taxes, they can't deny issuing Legal Khata at some point of time, as it can be challenged by anyone, if they deny it after collecting taxes.

[msn1270]

rakirana

Paying tax for B Khata site is only voluntary(Optional). Even if you don't pay the tax, BBMP never demands it or enforce it on you.
Even after you pay the tax, you don't have any guarantee on your ownership, as in 2009 itself, BBMP stopped issuing A khata for
B Khata sites due to urban development dept order issued by earlier minister Shobha Karandlaje which planned for Akrama-Sakrama
Scheme for one time regularization by collecting a fine. But so far it has not become reality. Earlier Previous Governor did not
approved for political reasons. Later it was challenged in High Court over the legality and also the fine structure.

That's the reason, after making BBMP by including additional 7 CMC areas, revenue collection has become a bottleneck for the BBMP,
as they are not ready to take the responsibility/obligations of the DC-Converted sites and issue A-Khata. Once they can't issue A khata,
majority of the B-Khata plot owners are not paying the annual tax for it.

If the latest cabinet meeting has decided to collect the tax from the B-Khata plot owners Mandatorily, it will not becomes an option
to mobilise their revenue collection numbers, but also comes with certain riders. Definitely some one will pull them to the court, if
BBMP deny to issue the A-Khata after receiving the annual taxes.

Hence it becomes a chicken & egg story for BBMP.

[rkirana]

See the below clause in akrama-sakrama notification in Jan 14
(5) The fee specified above is in addition to the fee to be collected by the Planning Authority under Section 18 of the Act. In addition to the above fee an amount equal to Fifteen Percent of the sital area as per Market value of land shall be collected in case Civic Amenities and Parks and Open Spaces are not provided.
akrama-sakrama fine is 15% of the sital area as per guidance value + a nominal amount of 16 Rs/sq ft. So the fine amount of the former is significant in case civic amenity sites and parks/open spaces are not provided

in these sites the fine will be 15% of guidance value of the sital area - now it has been reduced to 5%. So you can expect your sakrama akrama fine to be in the region of Rs 1 lakh for a 30x40 site

[rkirana]

http://www.uddkar.gov.in/sites/uddkar.g ... a_2014.pdf

This is the latest notificaiton - it says 5% of the guidance value of the site if it 40x30 and 3% of the guidance value if it lesser.
So for 40x30 site, the akrama-sakrama fine will be 5% of guidance value + 160 * 111 sq mt = 5% of guidance value + 17600