Sir,
We have a unique problem. We have a BDA(Bangalore Development Authority) allotted Site measuring 50x80. We bought it from the orginal allotee. When we purchased there was no construction in the entire area. Now with constructions coming up we have found that we have lost around 4 feet in widdth in the backside of the site. The front is still 50 but back is now 40. Here are important things to consider
1) On approach to BDA for carrying out the physical survey of the property their argument is that once possession certificate is given BDA does not do any such survey what so ever.However on our request the engineers did the physical measuring
2) The found that that the house two sites away from ours has made a boundary of 52 feet. He has also left 1 feet on the right as their is a drain line and apparently has written documents to prove that they had made an application to the civic authorities and his application to leave one feet has been accepted. And the site one site away has made a boundary of 51 feet. This has resulted in the back boundary to be pushed and is now reduced.
3) Our adjacent site refuses to accept this and says that he will keep his boundary at 50 feet and we have to single handedly bear the entire loss of the site even though the loss is very much apparent on his sit. This person is a rowdy kind of person and has been using very fowl language.
We wanted to know in this scenario we stand to lose about 240 sq ft and at current market rates is about 10 00 000. What would be the ideal scenario?
1) To compromise with the neighbour and come to an understand that u take 48 and ill take 48. Fastest and simple. Only thing he refuses to agree.
2) To file a petition in the courts to request BDA to carry out a physical survery and physical marking of the properties.
3) To file a case against all three site owners for encroachment of property (can it be criminal as it is very apparent that their site measures more than the allotted land) We also wanted to know that if this is option what would be the amount of money required for legal fees, court fees etc. How long would it be to get a ruling in this matter as I have heard that it may take about 10 yrs for a ruling. Also since the market value is only 10 00 000. I wish to spend a maximum of 100000 on these matters. Would this be sufficient?
4) Can we get an order to prevent our neighbour from constructing anything only in the encroached area? Will such order also prevent us from constructing anything in our area?
5) Since the BDA has apparently come and physically marked the boundaries of the houses constructed can the BDA to be made a party and asked to ensure proper handing over of the property. There are washing their hands off banking on the fact that one Possesion Certificate is provided (15yrs ago) it is the duty of the allottee to ensure that the property is theirs to take care of .
Please guide best course of action as the matter is urgent. The amount is significant but does not include the entire property although we would like to get the full property at a nominal cost and not spend 10 yrs in court and lakhs of rupees in auditors fees.
Your help is appreciated.
