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Venkatesh Kolla (Engineer)     11 October 2014

Is panchayat approved layout illegal around bangalore

Hi,


I am looking to buy a 30*40 land around Bangalore. I got an offer in my budget(approx 10lac). It is around 5km from Electronic city. But it is only Panchayat approved (not yet approved by BMRDA/BIAPPA/BDA). I am not sure if its legal or not and If I may have to face any problems later.

 

I found an article from Indian express dated 31 Dec 2012 supporting it as illegal. Please go thru below extract and help me knowing if I can buy the property or should not.

<Start of Article>

Gram panchayats have no right to approve layouts: Circular

Published: 31st December 2012 11:25 AM

Last Updated: 31st December 2012 11:25 AM

 

The Department of Rural Development and Panchayat Raj has issued a circular on December 28, restricting gram panchayats across the state from approving or sanctioning building/layout plans for Deputy Commissioner (DC) converted lands.

 This will certainly affect many Bangaloreans living in the erstwhile Bangalore Rural district (now part of the BBMP) and areas surrounding municipal towns.

 “To regulate the illegal sanction of lands and rampant flouting of layout development and property registration norms, the department has taken this initiative,” said a senior official at the RDPR.

 The circular notifies that GPs across the state do not have any legal authority to sanction building plans/alteration in the panchayat limits.

 It also clearly mandates all buildings should be approved by BDA, BMRDA BMICAPA, BIAPPA, or any other town municipal authority governing the area.

 This has serious implications in and around Bangalore, wherein vast tracts of lands have been approved by the Panchayats and buildings and apartment have come up.

 People living in Dasarhalli, Ramamurthynagar, K R Puram, Hoskote, Peenya, Tumkur road and others will be in trouble.

 “There is nothing new in this circular.

 We have reiterated the policy which is in existence since 1994.

 It is just that people were not aware of the rules and GP members were sanctioning without any control.

 They did not have any direct powers to approve,” the official said.

 He did not want to be quoted fearing threats from builders and thousands of people who have invested crores of rupees for the past 20 years.

 Also it states that the ZP, mandal panchayats and City Municipal Corporation have no right to sanction land for even development purpose.

 These layouts cropped up in the last two decades with the city growing rapidly.

 Builders started construction in revenue (agricultural) land, which comes under the jurisdiction of BMRDA and pay tax to village panchayats.

 Village panchayats come under the taluk office, which in turn comes under the DC, Bangalore Urban district.

 Many land owners and builders were not converting the lands, but getting approval from the panchayats and running the show.

 This circular comes following the High Court’s direction to check the illegal sanction of lands and building plans.

 As per the HC orders, a meeting was held on December 19, participated by CEOs of ZPs, district secretaries, executives of Taluk Panchayat and it was noticed that there were deficiencies in Form 9 and form 11 (now 1 and 12) issued by panchayats.

 The circular states that no such forms shall be issued by the GPs without sanctions from the town planning authorities concerned.

 “This is certainly a move to extract more money from people.

 We have put in our hard earned money and the banks have verified the documents and sanctioned loans.

 How can they (the government) term it as illegal or need approval from a different authority now?” asked Rajanna, a resident of R K Apartments in Ramamurthynagar. <END>


 



 2 Replies

B.T. RAVI (LEGAL MANAGER)     11 October 2014

A. Yes certainly, Grama Panchyath land should be situated within 200 meter of the Grama that land or site would be consider Gramathana site,

B. If the land not converted as per the Karnataka Land Revenue Act, that Grama Panchyath site must be followed Form No. 9 and Form No. 11 documents and this Form No. 9 should be issued by Revenue Authority not Grama Panchyath under the recommendation of PDO.

C. Before registering the Grama Panchyath land, Sub Registrar Office will be insist  for Form No. 9 and Form No. 11 document i.e, Demand Register, Tax Assessment Register ,Tax paid Receipt etc. But this Form No. 9 must be issued and signed by the Taluk Tahsildar as per the New Notification.

D. If the property which is not converted within the limits of GP would be consider Revenue Site.

Venkatesh Kolla (Engineer)     11 October 2014

Thank you sir. They have also mentioned they have got BDA NOC

 I will ask them if its DC converted land? and if the location is within 200m from the Village?

What other details/forms/certificates should I ask the agent to ensure the layout/site is legal for residential purpose.

 


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