Monday, September 30, 2013

What is happening in bangalore 5 regoins... RER frank talk

Is it "Sakrama" or "Akrama "? 

Building bye-laws, rules and regulations for town planning and land use are legislated for better utilization of the available land for the orderly growth of the society. Then, why do people violate the building bye-laws and regulations? 
The general answer to this is that adherence of these regulations would reduce the built up area considerably than required even for a reasonable family requirement and to own bigger plots is beyond the reach of middle and poor people in view of high cost of land in towns and cities even at the rates fixed as the guide line value by the Government. 

What is the remedy? 
The remedy could be creation of an atmosphere of supply of house and house sites being more than the demand. To achieve this, the Government should speedily construct sufficient number of quality houses with all civic amenities and sell them to the poor and needy at affordable prices and also have sufficient house sites for allotment and thereupon to strictly enforce the building bye-laws and land use and levy hefty fines for violators of building bye-la ws and punish severely the abettors of such violations

The recent notification of the Government of Karnataka for one time regularization of violation of building bye-laws and land use under the caption of 'Sakrarna' upon payment of fine by violators would not set right the violation of the bye-laws and the land use so long as these 1<:)1,\/5 remain unamended. Impliedly, the Government is in agreement to permit violations of the bye-laws and the land use to the extent covered under Sakrama in respect of the land and buildings in existence upon receipt of fine. But, the rates fixed for regularization of such violations are deterrent in nature and prima facie looks to be unfair. 

For example, for regularization of violation of set backs, FAR and land use of a site measuring 30 feet x 40 feet, a person has to pay fine of roughly Rs.3,OO,OOO - which is the amount equivalent to the expenditure the said person would have incurred on the purchase of site and on the construction thereon about a decade back. Instead of punishing their staff for the failure to take timely action for violations of building byelaws and land use, the Government has come up with the Sakrama proposal for regularization of violations with a hefty fine. 

The Government should reconsider the matter and revise the rates of fine to make it to be fair and within the each of the people while at the same time, it should come out with a comprehensive amendment to the building bye-laws and the laws dealing with the change of land use after carefully and scientifically analyzing the ground realities by a committee consisting of experts in the field.


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Saturday, September 28, 2013

Bangalore 5 property webportal- Exclusively Bangalore properties


           Due to severe competition amongst banks, the new generation banks have been very liberal in advancing monies to their customers and have been introducing new incentives and techniques at short intervals to lure the intending borrowers. In many cases they fail to observe compliance of the normal practice and procedure to safeguard the interest of the banks. The resultant effect of this is that the bad and doubtful debts of these banks are mounting up considerably. 

           To bring down such bad and doubtful debts, some of these new generation banks are utilizing the services of 
musclemen as their recovery agents who adopt uncivilized methods to recover loans and threaten the borrowers with dire consequences upon the failure of the borrower to repay the money borrowed from the bank. The Reserve Bank of India time and again has been issuing instructions against adopting such unethical and uncivilized methods for recovery of loans, but these instructions appear to have no impact on the commercial banks. 

           In one of the recent cases, the Delhi State Consumer Disputes Redressal Commission has imposed a fine of 
Rs.55 lakhs on the ICICI bank for use of Goons to recover loans from a customer. Deploring the practice of the banks intimidating consumers to pay the installments by using the services of goons, the Commission observed that no civilized society governed by the rule oflaw can brook such a kind of conduct and held that the ICICI bank is guilty of an 'unfair trade practice'. 

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           The Union Government and the Reserve Bank of India should take the observations of the Commission as an eye opener and strictly monitor the lending activities of commercial banks and penalize severely the banks who adopt uncivilized methods for recovery of loans.

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Friday, September 27, 2013

property advocate selvakumar : RER frank talk on Failure of BBMP at 2006


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To improve and co-ordinate the infrastructure development for road and transportation net work, water supply and under ground drainage, solid waster management, upgrade quality of urban civic services, strengthen administrative capacity to ensure better enforcement of various rules/regulations and for better co-ordination in service delivery, the Government of Karnataka has constituted the Bruhat Bangalore Mahanagara Palike vide notification dated 2. 11.2006. By virtue of this and the later notifications of the Government seven City Municipal Councils, one Town Municipal Council and 111 villages across Bangalore have been merged with the Bangalore Mahanagara Palike, After this merger, the area under BBMP would go up by 200%. 

It is now almost one year since the November 2006 notification is published. Even a cursory analysis of the progress and development of work of BBMP would go to show that the BBMP has miserably failed to achieve the objectives of creation of Greater Bangalore Municipal Body. 

The roads and other infrastructure of old Bangalore Nagara Palike remains to be as worse as before the formation of BBMP. Till now the required manpower and other basic facilities for administration of the Greater Bangalore Municipal Body are not provided. The green cover for Greater Bangalore is still in the planning stage. No satisfactory progress regarding protection and conservation of parks, lanes and tanks in the city is seen for which funds are provided under Jawaharlal Nehru Urban Renewal Mission Fund. 

The newly added area ofBBMP even today looks like interior villages having no smell of city development. It is shame to call such village like area as part ofBBMP. No road net work to these newly added town and village municipalities is forth coming. However, taking advantage of the notification of greater Bangalore, many of the real estate agents are befooling the innocent purchasers and marketing the agricultural lands at exorbitant prices. Not only this, the innocent purchasers are put to untold miseries as the lands so purchased cannot be registered in their names due to Government restrictions. Further, in the absence of Khata transfer in the name the purchaser, the purchaser would fail to get housing loan from the banks

In short, excepting demanding and collecting higher property tax from the land owners, no facility whatsoever has been provided by the BBMP to its citizens. At least now the concerned authorities should seriously strive to achieve the objects of creation of Bruhat Bangalore Mahanagara Palike.

CONSIDER THE LOCATION BEFORE INVESTING IN PROPERTY

Location of the property is the first and the foremost priority while investing in real estate. Then, which are the second and third priorities? It is again, location, which is the basic concept in property investment. Selecting a property situated at a convenient and suitable location will result in appreciation of its value and this in turn satisfies you, for having invested in such a property. Continue reading on web http://advocateselvakumar.com/legal_topic.php?id=8

Thursday, September 26, 2013

selvakumaradvocate : RER frank talk on Illegal Constructions

REGULARIZATION OF ILLEGAL CONSTRUCTION 

           The Government has announced its scheme to regularize buildings which have violated byelaws and sites on illegal layouts. This idea of paying penalty to convert illegal buildings into legal ones is almost like a scheme for paying penalty and making black money into white money. In Bangalore the percentage of illegal constructions is very high. Why is this? It is because the cost of land is very high. Middle-class people cannot afford to buy even a 30 x 40 site. The cost of sites is excessive and they want to construct luxurious residences on small sites. Hence they are deviating fully from the byelaws. 

           The Government is not forming sufficient layouts for the people, therefore the demand for sites is increasing. Deviation from the building byelaws has begun to adversely affect the environment. People are constructing buildings without proper light and ventilation for themselves and also for their neighbors. 

           The Karnataka Town & Country Planning Act, 1961 has been amended for the purpose of prosecuting those promoters who violate its provisions. This was not used by the authorities to control the development according to zoning regulations. Many years ago the government had passed a bill for regularizing violations by levying fine. Then Governor had returned the Bill. 

           The government has now successfully made this effort again and these rules will be applied with effect from 15.9.2007. Violations up to 50% in residential buildings and 25 % in commercial buildings may be regularized by the City Corporation or the concerned urban local body. unauthorized site/sites in lands which are not converted under the Land Revenue Act etc will be regularized under these rules

           The Government has fixed 90 days time for paying the penalty, after which it may extend the date for generating more income or at the public request it may extend the time. After that it will scrutinize the applications received from the public. We have to wait and see what procedure it will adopt to regularize the buildings. There is a chance that those living in fear of having their buildings demolished may get them regularized. The Government is not supposed to make the announcement of this scheme again. This method is not a healthy sign for environmental concerns. It is the duty of the Government to instruct its engineers to monitor 

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Wednesday, September 25, 2013

5 regions Bangalore Residential Properties: RER frank talk on GOVERNMENT DEALINGS...

TRANSPARENCY IN  GOVERNMENT DEALINGS 

It is unfortunate that the Bangalore - Mysore Infra. structure Corridor project is not sailing smoothly and is facing one problem or the other. Time and again, the management of Nandi Infrastructure Corridor Enterprise [NICE] has to knock on the doors of the courts for directions against the hurdles put in by various agencies including the Government of Karnataka

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It is not as if the project has been awarded to NICE without deliberations and agreement between the Government of Karnataka and the NICE. The only difference is that the political party in power then and now is different. In a democratic society, Governments do change. The decisions and agreements of the erstwhile Governments should not be whittled down by the Government in power for whatever be the reason. Lest, people would not only lose faith in the Government and refrain from entertaining Government contracts but also would try to fall in line with it and litigate all issues every time when the situation is in their favour. This will set in an unhealthy trend. 

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To gain public confidence and to be a model State, the Governments in power should not meddle with the decisions of the former Governments, but allow them to be executed. However, to check the abuse of power, the intelligentsia, the political parties and the judiciary may strive to bring in a system of transparency in Government dealings

Tuesday, September 24, 2013

AdvocateSelvaKumar : RER frank talk on Housing Needs of bangalore...



The A.T Ramswamy Committee is doing tremendous work in unearthing the encroachment of Government lands by land sharks and helping the Government to restore its rights over these lands. 

The Government of Karnataka so far has auctioned about 600 acres out of these lands, which is a part of Bangalore Urban district. Only few lands have fetched very good price while a portion of the remaining lands has been sold at a reasonable price and for some such lands there are no bidders at all. Keeping that apart, there are other ways to deal with these lands and site

One such alternative action could have to utilize these retrieved lands for providing housing needs of poor and middle class who have been deprived of any shelter over their heads due to high price in land and house in and around Bangalore. No house or flat is available within a radious of 20 KMs of Bangalore for sum less than Rs.18,00,000/- excluding registration and other charges. Thus, to own a small house or flat in Bangalore, a person should have at least Rs, 20,00,000/- which is beyond the reach of a common man. 

As the demand for house and house sites in and around Bangalore is very huge, the Government should at least now desist from disposing of these retrieved lands through public auctions and instead utilize them for allotment of house and house sites to the poor and the needy. 

Government in power may keep in mind that it owes a duty to the public to meet the housing needs of the people. Government should regulate granting permission for private builders for construction of luxury apartments while encouraging construction of economical houses or apartments for the poor and the middle class with basic minimum infrastructure so that the housing need of poor and middle class could be met at least partially. 

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At the same time, the Government should also speed up development of these retrieved lands and to utilize the same for construction of sufficient housing units to be made available to the people at affordable prices. If so done, it would be a befitting tribute to the hard and sincere work the A.T Ramaswamy Committee is doing. 

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Monday, September 23, 2013

5 regions Bangalore properties on Bangalore5.com


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The State cabinet has decided to revise the Floor Area Ratio up-to 4 to enable the land owners to put up more floors on their land than was allowed hitherto. This move would facilitate the people to use their property for higher utility and in providing accommodation to more families. But this move also carries with it some disadvantages. There could be a greater thrust on the utilization of the common area and common facilities by a large number of people and the civic problems of the city viz., traffic jams, water scarcity, frequent power shut down, problems for admission in schools and colleges etc. may get further worsened. 

Therefore, instead of upward revision of FAR, the Government could have taken steps for formation and development of more full-fledged townships surrounding Bangalore to meet the housing needs of the people. Similarly, steps could have been taken to create Special Economic Zones in and around Tier II and Tier III cities for all round development of these cities so that the new industrial and commercial establishments could come up here. 

To motivate the investors in Tier II and Tier III cities, the Government should provide on priority basis good motor-able roads, uninterrupted power and water supply, airport, housing and such other civic facilities as are needed for development of these cities If this proposal is put through, there could be lesser concentration of people in 5 regions Bangalore which in turn may facilitate the authorities to provide satisfactory civic amenities in Bangalore

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Saturday, September 21, 2013

Advocateselvakumar publications: RER frank talk on Waste management

Waste Management 

With the expansion of the area and the population of Bangalore 5 regions, the problems concerning civic amenities have also gone up. In addition to the problems of traffic jams, water scarcity, bad roads, inadequate public transport, now the problem of providing a suitable plot for dumping the garbage by the contractors is faced by the BBMP authorities. 

Recently, the lorries carrying garbage and waste materials were parked on the road sides for several hours putting the people residing nearby or passing through the area to suffer the foul smell emanating from the waste material. This is only the beginning. 

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Needless to say that it will not be possible to provide land for strewing or dumping the waste material of such a high magnitude. The waste materials get decomposed very slowly whereas the addition and accumulation of waste material is on a fast track. The surroundings of dumping yards also are the home place for diseases. 

As a solution, it is suggested that instead of dumping the garbage in the garbage yard, Government should find out whether this garbage could be burnt out in high voltage burning chambers to be built on the same dumping yard irrespective of whether these garbage are bio-degradable and non-degradable. By this action, we may use the dumping yard for longer duration since the remnants would be much less than their raw materials and can be dumped in the pits, if they cannot be put to reuse. Of course, this proposal requires scientific analysis to find out its impact on the ecology and the environment. 

Government and the concerned authorities who are well versed in the management of waste materials should discuss the problem and find a solution by chalking out short and long term plans for implementation. 

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Friday, September 20, 2013

RER frank talk on Revision of Guidance value...



The Government of Kamataka has made an upward revision in the guidance values of lands for registration which is effective from 19th April, 2007. This is the third time that the Government has revised the guidance value within a span of less than three years. The earlier two revisions were in August, 2004 and in October, 2005. 

Increase in guidance value is not a solution to curb the high rise in land value in and across Bangalore. Supply should be equal to the demand and when supply is less than the demand, prices are bound to go up. If the Government is able to meet the housing needs of the people, then the private developers cannot sell their properties and products at exorbitant prices. By this revision, the already escalated value of property in and across Bangalore would go for a further steep rise. 

Needless to say that every elected Government is expected to have a policy that would help all its citizens to own shelter of their own during their life time. But, the Government appears to have forgotten this responsibility since on the one hand it is not in a position to construct houses of the required quantity to allot them to the needy people at affordable prices and also puts restrictions on land conversions while on the other it has been creating special economic zones covering several acres of lands and inviting foreign direct investments. 

The fact that more than 94% of the applicants were unsuccessful in getting a house/flat or house site from the Karnataka Housing Board in response to their notification would itself displays the gravity of the situation. The Kamataka Housing Board had notified for allotment of house/flat/house sites in Suryanagar [totaling 2631] and in Kengeri Bandemath [totalling near about the same figure] on the outskirts of Bangalore

If this is the demand for house and house sites, the Government should not fall back to use all the force at its command in solving the housing problems of the people. It should speedily develop satellite townships in and across Bangalore Further, a large number of house sites allotted by the BDAl Housing Board remain without any construction thereon by the allottees, though allotments were made years back. Generally, these sites are available for second sale at a very high premium. To prevent this, the Government should conduct survey, identify such sites and cancel the allotments if no construction is forthcoming within a period of five years of allotment

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Thursday, September 19, 2013

300 Cr Housing Project by Nitesh Estates in Bangalore

Rain Water Harvesting in Bangalore 5 regions 

3BHK Luxury Residential Apartments for sale in Jalahalli, Bangalore at Renaissance Woods. Renaissance Holdings provided amenities like lift,power back up,security,car park ,rain water harvesting ,club,gym,vastu compliant,swimming pool,servent quarters in Renaissance Woods.

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The Bangalore city is expanding its territory beyond any body's imagination, With this expansion, problems of the city also are growing phenomenally. There is an urgent need for the Government to tackle the problems concerned with the civic amenities. These include providing good motorable roads, uninterrupted water and electricity supply, good public transport and the like. 

Bangalore 5 regions , particularly the new extensions, have no proper and regular water supply. Failure of monsoon during 2006 has further aggravated the situation. We are in the midst of peak summer. The unplanned growth of the city and the population has made it a Herculean task for the Government to provide reasonable water supply to the citizens of Bangalore 5 regions . Inspite of the best efforts, Government is not very successful in this regard.

Rain water harvesting is one of the novel and useful plans in metropolis like Bangalore Four modules were put forward by the Bangalore Water Supply and Sewage Board (BWSSB)- harvesting from the rooftop, harvesting in open spaces, natural storage and recharge of groundwater-in order to make full use of rain water harvesting. 

Rain water harvesting has several advantages such as reduced dependency on the usual water supply, less soil erosion and flood hazard, increase in the availability of groundwater and the prevention of rainwater flowing into drains. 

Buildings with multiple dwelling units, group housings, commercial buildings, public and semi-public and industrial buildings are supposed to provide the needed infrastructure for rainwater harvesting, Rainwater harvesting techniques for new constructions have been made compulsory, Despite this, Rain Water Harvesting is rare to be seen in Bangalore. This is mainly because there is no mechanism to enforce implementation of the scheme, To make the scheme successful, there is a need for vigorous campaign and imposition of stringent penalties on the defaulters.

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Wednesday, September 18, 2013

Property advocate selvakumar: RER frank talk on Cavery Water Dispute

CAUVERY WATER DISPUTE 

         The final verdict on the dispute mainly between the States of . Karnataka and the Tamil Nadu regarding sharing proportion of Cauvery Water has been pronounced by the Cauvery Water Disputes Tribunal. 

         This, verdict which has been pronounced after seventeen long years of adjudication and upon incurring several crores of rupees of public money has not been welcomed by the State and the ! people of Kamataka. Similarly, the other parties to the dispute also are not very enthused with the final decision of the Tribunal. The net result is that the status quo and unrest continues but only the public money and precious time of the people are lost. 

         To express their resentment and unhappiness over the decision of the Tribunal, the affected people of Karnataka are presently resorting to democratic protests. The Governments in power should rise to the occasion, hear the grievances of the people and expeditiously take up the matter with the concerned adjudicating body for redressal. Allowing this unrest unattended to for a long time by the Government would put the situation out of its control leading to lawlessness and loss of public property

         However, the aggrieved parties should understand that in such a sensitive matter, there could be no fool-proof solution and no judicial verdict could bring in solutions in these matters since every agitating party has a straw in their stand and argument and the decision in favour of anyone would definitely affect the other leading to public unrest in the aggrieved State. 

         Sticking to one's own pre-conceived stand would not solve the property problem. Therefore, the Governments of Karnataka, Tamil Nadu, Kerala and Pondicherry should discuss the matter with an open mind in a friendly atmosphere and adopt "give and take" policy so that the people of these States could amicably share the available water to their best advantage. 

         Further, the Governments in power should take immediate steps to preserve the available water by plugging leakage of water due to cracks in the dam/canal and build tanks wherever needed to preserve the excess water that may be available when there are good rains for being used during lean period. Steps are also needed to develop the catchment areas of the main river and its tributaries by planting saplings which in turn would help in increase of rain fall. 


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