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Originally Posted by AltoLXI Legal experts repeatedly tell this to people:
1. Having BESCOM and Cauvery water supply does not mean the property is legal. They are utility providers - period. If one does not pay the bill, they disconnect the supply. The connection provided does not confer any rights or titles.
2. "A" Khata also does not confer any title. Any deviations or illegalities, the property is fit for demolition. Khata is meant for tax purpose. It is not a certificate showing the building has no illegalities. BBMP needs tax money for its functioning. Also there is no concept of "B" khata. Link
4. Sale deed is registered does not mean the property is free of litigation !!! The sub registrar will register no matter what. Caveat emptor !!! |
You are right specifically in Bangalore government can make something fully legal as illegal out of the blue any day.
Example there were 8 CMC ( City muncipal corporations) around Bangalore. These were small peaceful towns example Whitefield area was under Mahadevpura CMC.
CMCs had their own norm for layout approvals which demanded 30-40 % open area and the width or road was in line with small towns. Since the tax money was with CMC they were able to spend it in infrastructure of CMC itself. You will see few existing old banglows from 80s and 90s in whitefield are very well designed
In it's greed to extort tax money and extend control government suddenly extended jurisdiction of BBMP / BDA to these 8 CMCs in 2004 and all the layouts approved by CMCs became unapproved /illegal overnight. People who purchased sites in transition time that is in 2003 were worst hit as they purchased and registered fully legal site but suddenly one fine day they got to know that Khata transfer can not be done as layout is not approved by BDA / BBMP.
The tax money from erstwhile CMC started coming to BBMP and BBMP can spend it where ever the vote banks exists not necessarily in the same CMC area from which it collected tax.
In the layouts where sites were not sold developers went to BBMP and got approval by offering prasad to various deities however in any layout where half the sites were sold to individuals this was not possible as they already had CMC khata which got carried forward to BBMP so do not care about paying for rest of the folks who were stuck in transition.
There are so many row houses /villa projects from big name builders which are extremely cramped look like LIG row housing scheme for economically weaker sections but sell in crores just because they got BBMP approval. Just next to these so called row houses of big builder you can find well managed layouts with trees , rainwater harvesting , open areas and everything self managed by community but illegal because someone at a stroke of pen made it illegal. However BBMP did not given up greed for tax and came out with a solution called B Khata in 2008 by which they will collect the tax but will not make it legal with A khata.
If you see carefully this is a big scam to artificially limit supply of the legal land and keep it in few hands to keep prices high and also keep a sword hanging to extort money time to time from individual house owners.
One of the BBMP guy told me that around 70% of sites in Whitefield , Kundalhalli areas are B Khata.
My advice if you have to live peacefully at affordable price in independent house make sure that building is not on Rajakaluve ( Storme water drain) or lake bed and in that case B khata at good location also makes sense.
The greed of political class did not stop by just creating A - B khata mess . Couple of years back they renamed Ramnagara distracted to Bangalore rural district to "enhance" brand value of real estate and jack up prices for gullible investors. This enhanced brand value was stated objective in official government communication.
Should governments /local bodies work towards enhancing real estate values and jacking up price or providing amenities and better livability ?
Additional Info :
Even if you have sale deed , A Khata , OC and proper EC with no encumbercement and building is not encroaching any storm water drain or lake-bed it still does not mean the building or site will be legal.
For example AAI stipulates that not more than 4 floors ( or maximum height in meters which I cant recall right now) can be constructed in vicinity of 4KM radius from any airport. So apartments of some very big name builders in costly locations such as Airport road , Domlur , Indiranagar , Belandur , Marthahalli etc are illegal. They can face situation similar to campa cola compound in Mumbai any given day. There are 10 -12 floor tech parks directly over looking sensitive defense establishments in CV Raman Nagar , Old Airport area but fully legal as they are built by politically connected people.
There are some 14 -20 approvals from various bodies such as AAI , Fire , PCB , Land Conversion etc. and if I have to quote from movie Anand " Babu Moshay hum sab to kathputliya hain kaun kab kahan dori kheench de kuch nahi pata"