Bangalore Development Authority has become hyperactive and has
been distributing the sites in large numbers.
Naturally the people are eager to know the methodology adopted by BDA in
allotting sites. This write up gives the
broad outlines of the procedure followed by BDA.
Bangalore Development Authority (Allotment of sites) Rules 1984
govern the allotment of sites. These
rules are periodically modified.
Whenever authority forms an extension or layout; offers the
sites in such extension/layout to the general public, wide publicity will be
given mentioning the location, number, area and last date for submission ofapplications. The details are also
published is not less than three newspapers of Kannada and English, which are
published from Bangalore having wide circulation.
Authority is empowered to set apart, 40% of the site to
economically weaker section at 50% value of the sites; out of this the 15% of
the sites are reserved to Scheduled castes, 3% to Scheduled Tribe and 2% to the
Schedule Tribes and remaining sites to economically weaker sections.
BDA may also allot sites on lease basis to educational
religious, charitable institutions, which are registered under societies
registration act, or Trust for public purposes.
But such allotment should not be more than 5% of the total site area in
each layout. Further sites reserved for
civic amenities, public parks and playgrounds cannot be allotted in such
manner.
Only the persons who have registered their names on payment of
prescribed registration fee are eligible to apply for allotment of sites. The
registration fee at present is as follows: -
Site in sq. Mts. Fee
a) 350 and above Rs. 2,000/-
b) 225 above
but below 350 RS. 500/-
c) Below 225 Rs. 100/-
If the applicant withdraws the registration the registration
fee paid less 10% will be refunded to the applicant. Registration once done is valid for any
subsequent attempts.
In case the applicant dies after registration, the spouse, of
the deceased applicant is entitled to apply for allotment. If the spouse is not alive the dependent
children, will be deemed to have registered area have right to apply for
allotment.
The registered applicant or his legal heirs have to apply for
allotment of site in prescribed from (form II).
The applicant should also remit 12.50% of the notified cost of the site
along with application as initial deposit.
The initial deposit payable in case of Schedule Castes, Schedule Tribes,
are backward tribes is 5%.
The correctly filled application along with initial deposit
should reach the authority before the time fixed for receipt of such
application. The BDA notification
generally informs the mode of paying the initial deposits, by remitting to
certain banks. The completed application
forms may also be handed over the specified branches.
In case the application is pending with BDA for allotment and
the authority invites applications for further sites, the applicant should
again apply in from II (A), but there is not need to pay initial deposit.
Only a person who is major, and a resident of Karnataka for not
less than 15 years prior to the date of registration, and who or whose family
members does not own a site or house on Bangalore, or not allotted any site or
house by BDA or Housing co-operative societies is eligible to apply.
The requirement of 15 years residence in Karnataka is subject
to relaxation in case of persons who are residents of Karnataka, but being
employed in armed forces serving outside Karnataka; have gone out of the state
for employment, higher education, but have bonafide intention to settle in
Bangalore metropolitan area. BDA may
also waive this condition with the prior permission of the government, in case
of persons who have achieved outstanding performance in field of art, science
or in any other field.
a) Backward tribes - 2%
b) Scheduled Tribes - 3%
c) Schedules Castes
- 13%
d) Members of armed
forces, - 10%
Ex-Servicemen
and members of
Deceased
service men
e) State
Government Employees - 10%
f) Employees of
Central Government - 8%
Public Sector
Undertakings,
Statutory
Bodies owned or
Controller by
State or Central
Government
g) Physically
handicapped -2%
h) General
Public -50%
i) Persons who have
outstanding -2%
Achievement in
this field e.g.
Arts, Science,
sports
If sufficient number of applicants are not available in
category A the balance sites will be transferred to category B, then to
category C and then to category H (general public) likewise in the absence of
sufficient number of persons in category, F, G, I, the balance sites will be
transferred to category H (general public).
The word outstanding achievement is defined as achievement at
state, national, international level, where an award or a medal is presented by
the authorities duly recognized by state or central government.
The parameters for allotment of sites to all categories except,
persons with outstanding achievement are: -
1) Material status of the application, that is whether the
applicant is single, married having dependent children,
2) Income of the applicant; avid capacity to purchase the
site and construct a house there on.
3) Number of attempts made by the applicant.
4) Whether any land of the applicant has been acquired by
BDA for formation of layout for which he has applied.
The income criteria in case of Scheduled castes, scheduled
tribes, Backward castes is not applicable.
In case of the applicants with equal number of attempts the
elder applicants will have priority.
The BDA will constitute an allotment committee comprising three
official members comprising three official members and three non-official
members. The chairman of the BDA shall
be the chairman of allotment committee. The allotment of the sites by the
committee is subject to approval of BDA.
The BDA reserves its right to alter value of the sits, and the
allottee has option either to accept the altered value or decline it.
BDA informs the allotment of site to the applicant by a notice
sent to the latest known address. The
successful allottee shall pay the balance amount of the site value within
thirty days from the receipt of the notice of allotment. This period may be
extended to 60 days only at the discretion of the BDA on request from the
allottees. The allottee has to pay interest at 18% for the extended period on
failure to remit the amount within the extend period; the allotment is liable
to be cancelled.
The payment period is three years in case or persons belonging
to Scheduled castes, schedules tribes, backward tribe, family of defense
personal killed or disabled during hostilities and whose annual income from all
sources does not excess Rs.1,800/- or belonging to weaker section as notified
by the government from time to time. The
balance amount may be paid in three annual installments without interest.
On payments of the balance amount of the site value the
allottee will get the sale deed duly executed. The stamp duty, registration charges, incidental expand should be met by
the allottee. If the allottee is married
the sale deed will be in executed in the joint names of allottee and spouse.
If the particulars furnished in the application form for
allotment is found to be false or incorrect, the Bangalore Development
Authority may forfeit the site value deposited and the allotment cancelled.
Earlier, on payment of full value of the site, BDA was
executing only lease cum sale agreement, with a condition that the house should
be constructed within a period of three years.
The absolute sale deed used to be executed/registered only
construction of the house and the completion of the 10 years lease period. The relevant rules were amended during year
2000, paving way for execution registration of sale deed on payment of full
value of the site. The entire process
will be completed in a very short period.
Another interesting aspect is that the BDA rules provide for
voluntary surrender of the site at any time to BDA, and obtain the full refund
of the amounts paid.
But nobody would surrender the allotted sites to the BDA, as
the open market offers attractive rates.
Periodical amendments to the BDA (Allotment of sites) rules have removed
many time-consuming procedures and restrictions. The embargo sale of the allotted sites for a
period ten years, construction of the house within three years nor more
exists. This modification makes people
more interested in buying the BDA sites.
With regard to number of attempts in an interesting case, the
national consumer forum has ruled against BDA.
The authority allotted a site to the applicant, which was later
cancelled. The applicant has made six attempts, some as government employee and
some under general category. It was
contended by BDA that number of attempts under each category have to be
reckoned separately for allotment of site. The district consumer forum, and
state commission decided against BDA, which went in appeal to the National
Consumer Forum, which upheld the decision of lower forums. The national
commission held hat plain reading of BDA rules makes it clear that at best it
is silent on the point, that number of attempts to read in each category
separately, or altogether, so when law is silent on a point, the benefit should
to the complainant.
Disposal of stray sites, commercial sites, and corner sites is
governed by a different set of rules.
BDA has a responsibility to the people. It is necessary that various rules that
govern the BDA’s activities made known to the paying public. Authority should come out with simple andupdated version of the acts/rules, and be made available to the public at
affordable price.
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