BDA likely to cancel sites vacant for 5 years

[R81]

Hi,

Has any one informed BDA that they are not able to construct the house in BDA plot? If yes, what is the procedure to do so.

Refer to the below Info on why I am asking this:
http://timesofindia.indiatimes.com/city ... 820176.cms

BDA likely to cancel sites vacant for 5 years

Bengaluru: If you have a vacant site allotted by the Bangalore Development Authority (BDA) five years ago and not started any construction, there's trouble coming. The BDA on Wednesday issued a public circular stating it would cancel such allotments. "We will initiate action to cancel allotment of land lying vacant for five years, as per Rule 13(7) of BDA (Allotment of Sites) Rules 1984," the circular said.
Until now, the time period before cancellation for not undertaking construction on BDA sites, was 10 years.

Asked what made the Authority change the term from 10 years to five years, officials said they have not made any amendment to the BDA Act to change the tenure. "The circular is aimed to push site owners to start construction. The lease period for an allotted site is 10 years, even now, as per law. But in most new layouts, owners have not constructed any building. They wait for land prices to soar and after 10 or more years, sell it at a much higher price to builders. We are not informed about the resale. When these areas suffer from shortage of infrastructure and civic services, the development authority is blamed for unplanned growth. Hence, the fresh circular," said a top official.
However, most engineers and executives in the agency are still unaware of the announcement and said there will be another legal hassle if they decide to cancel allotments straightaway. Asked whether they are ready to cancel allotments, the official said, "We cannot really cancel allotments. Through this announcement, we want to pressure owners of vacant lands to start construction or inform us they don't want to own the land anymore or are unable to do so," he told TOI.

Rajeev

[mithung2000]

People who have vacant sites will now be forced by government to build houses. Suddenly they should not cancel allotments. They should give some grace time. We atleast need to build a small structure to save our lands. With this govt anything can happen, so we should not take this lightly..

[girishshk]

If this is the case in Bangalore then most of the politicians site will be released to public!!

[blrguy]

hey, is this rule/notice applicable to all layouts of BDA? If I remember right, BSK6 stage sites were not bound by these rules. The discussion was around selling the sites for upto 10 years after allotment along with this build clause if I am not wrong.

Can one of you please clarify if this BDA notice to build asap is applicable to BSK 6th Stage plots as well?
Also, has anyone really received any notice?

[msn1270]

Blrguy

10 years Lease period is only to avoid selling of the site by the allottee, as its going to violate of the basic purpose.
This is entirely different from the allowed time period for construction after the Registration.

Generally all Government allotted sites (BDA/KHB/...etc.) have the clause to make the allottee to go for construction within a stipulated time, which is
not implemented so far as this can lead to another round of legal hurdles, as the site owners can go to courts asking for Basic amenities like Road, Sanitary,
electricity and water(may not applicable for all layouts).

But not sure, how effectively, Govt or BDA will implement this rule, as its going to put fire directly on the elected representatives Bottom(Councillors/MLA's)

[jackalbda]

when a sale deed is absolute, and if a sale has happened already from the first allot-tee to another buyer, I wonder how this rule is going to be implemented ? The onus of construction lies with the allottee or the present owner then ?

[msn1270]

Right now all previous BDA layouts have crossed 10 years from the date of formation to registration (Excluding ill fated Arkavathy or the newly formed Kempe Gowda Layout).
Lease period relaxation was there only during the allotment of SMV, BSK & Anjanapura layouts(During S. M Krishna period).
Due to opposition from other parties citing misuse of the relaxation, Later the old law (10 years Lease Period) was restored in 2004.

Perhaps, Time considered is from the date of first registration, irrespective of the number of hands transferred so far.

[tvsh]

If BDA were to allot the sites after fully developing the layout, then it makes sense to talk about the 10 year clause. 10 years is reasonable time for owners to plan and construct a house, provided the layout is fully developed. BDA themselves are unable to provide all the required facilities within 10 years, then how can they expect people to construct the house within 10 years of allotment. They have to follow due process while cancellation. They have to give individual notices and each and every cancellation will be challenged in the court and BDA will not have the legal manpower to fight all the cases in the courts. So these kind of notices are to scare the meek.

[msn1270]

TVSH,

Can you get me a site at Rs. 2 lakh+ in a fully developed Layout in any part of Bengaluru ? That was the price paid by 30X40 site owners when SMV, Nagarabhavi, BSK 6th stage
and Anjanapura layouts were formed. Can you expect all the facilities in that amount at 10 years back ? Now BDA has assured to allot developed sites (Not sure about the actual status) and they are charging More than Rs. 25 lakhs for the same size plot in kempe Gowda layout which are still away from the city area.

More over, all those allottees have already accepted the Terms & Condition and signed it, before even going for the Lease/sale deed process for their allotted site.
Had they not seen the status of the site while accepting this term ? why haven't they challenged the layout status that time itself ?? Your comments are like,
' When some one else jumps the Red signal, its an offence and But when I Jump it, its OK'.

On the other side, When several thousands of people are living in the same areas, where you are claiming basic facilities are not there, whats the issue with the rest of the owners ?

In my opinion, Those who are genuine buyers are already living there. Those who are looking to make more profit or taken this plot as second asset/investment
are sitting idle without going for construction.

[pv_prasanna]

Hi All,

I believe, in cases where BDA has executed an absolute sale deed(Shudha Kraya Patra) and not lease-cum-sale-deed, BDA may not be legally able to cancel the allotment, clause of cancelling allotment as part of BDA Act 1984 or its amendment in 2005 not withstanding. In cases where the lease is still in force (allotments after 2006) or absolute sale deed is not executed (people not having money to register), cancellation of allotment may be possible.