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Praveen   14 March 2024

Plotted development

I'm reaching out for your advice regarding a situation we've encountered with a property development in Karnataka.

Here's a brief overview:

Total Land Size: 13 Acres 09 Guntas (Includes 3 Acre 34 Guntas of A Kharab Land).

After completing the development project, the developer utilized all the 'A Kharab' land for public infrastructure, such as roads and parks. The final land use statistics for the development look like this:

Saleable Area: 52%
Park: 6.5%
Road: 41%

I'm not sure if it's legal to use 'A Kharab' land for these purposes. Is there a rule that it should have been left undeveloped? I'm trying to figure out if we're okay on this front or if we might run into any legal issues.

Could you give us some guidance on whether the use of 'A Kharab' land for roads and parks aligns with legal norms? And if there's a problem, what steps should we consider to address it? Your expert advice would be really valuable to us.

Thank you very much for your assistance.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     14 March 2024

Government has ownership and authority over such lands and can use Kharab land for public purposes. Kharab Land can be used for various projects including the development of a biodiversity park, playground, water body, rock climbing area, and a jogging track. Kharab land BBMP is also known as phut or Pot Kharab.

Praveen   15 March 2024

Thank You Kalaiselvan sir 


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