Tuesday, September 17, 2013

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        The Karnataka Land Revenue (Amendment) Ordinance, 2006 promulgated w.e.f. 11.12.2006, inter alia, 
declaring occupation of Government lands unlawfully AND dishonestly creating- forged documents in respect of Government lands for purpose of selling, mortgaging or transferring the same as offence punishable with imprisonment of varying degrees with fine is laudable. This Ordinance has further strengthened the hands of the authorities entrusted with the duty of protecting the Government property. 

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        When the ordinance was in news, the joint select Committee of the legislature for surveying the Government 
lands under occupation of unauthorized persons has identified some such lands totalling 13,614'37 acres whose value is stated to be worth several crores of rupees. Though unearthing of illegal occupation of Government lands/ properties is a welcome move, if viewed from another angle, it would go to show that the authorities who are to take care and protect the Government lands/properties have failed in their assigned duty. 

         Therefore, the Government should not hesitate to identify such staff and initiate departmental enquiry against them. These erring officers not only are liable for departmental disciplinary action but also for action under the ordinance. 
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         It is needless to mention that the Government should act swiftly and get back the Government property identified by the select committee under illegal occupation of land mafia. In addition, the Government should not delay in initiating action for imposition of punishment under the ordinance against such people. Any -Iaxity on the part of the Government in the matter may adversely affect the impact of the ordinance itself.

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Monday, September 16, 2013

Selvakumar advocate Legal services....

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 SEALING DRIVE BY B.M.P. 

           After the demolition drive in Koramangala against the structures built in violation of bye-laws and zonal regulations, the Bangalore Mahanagar Palike has now ventured into seal the buildings built in such violations on the pattern of Delhi Government. It has commenced its sealing drive in Sadashivnagar, one of the Bangalore's most posh locality. 

           Sealing of the buildings for violation of bye-laws and regulations, is a much civilized move when compared with the demolition of the building since it would not destroy the personal and the national wealth once and for all. 

           However, the one-sided action on the part of the B .M.P administration to punish the building owners for such violations, leaving Scot free and unpunished their officials who are equally responsible for having permitted such 
violations in total dereliction of their assigned duties does not sound well. 

           Had the administration been stricter in enforcing discipline amongst their staff, these officials would not have shown Nelson's eye for any violation of bye-laws or regulations. Its engineering staff are duty bound to visit the construction sites at different stages to make an assessment of progress of work according to sanction plan and bye-laws and upon finding any violation, they are expected to get the violations remedied before allowing further construction. 

           To this extent at least, the staff of the BMP are at fault and are to be held responsible and punished suitably. 
Similarly, no one would violate zonal regulations, had the regulations been framed keeping in view the need of the people. Mere making laws blind-fold without practical approach would lead to a situation as they presently exist. 
Come what may, demolition or sealing of property is not the solution for violation of building bye-laws or zonal regulations. 

           The buildings already in existence should be allowed to exist with suitable fines to the owners for such violations and the authorities who have permitted such violations should receive their pie in the punishment. 

           At least hereafter there should be strict enforcement of bye- laws and zonal regulations which is possible only if exemplary punishment is inflicted against the staff ofBMP who show dereliction in their official duties and permit such violations. 

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Friday, September 13, 2013

Advocate Selvakumar : RER frank talk on Problems Concerning Real Estate...

Problems Concerning Real Estate 
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 With the development of Bangalore as LT hub and the excessive influx of people, the demand for houses and house sites has increased tremendously in spite of prohibitive cost of the property. 

 Due to spurt in prices of house sites, the vendors who had sold their land/sites long time ago and who had received the consideration at the rates prevalent then have started feeling aggrieved and are attacking their bona fide purchasers on some frivolous grounds with the sole motive of unjust enrichment. In certain cases, the off-springs and other relatives of the vendors of such properties have come into picture to put forth their claim over the said site/Land on the plea that the sale transaction is void. They threaten the purchaser that they would litigate the matter. 

 In few other cases, the purchasers are facing even the worst and unexpected problems in as much as the Vendors are engaging the services of anti-social elements to threaten the bonafide purchasers of dire consequences in case they fail to pay some additional price towards the cost of the land/site. The problem explained above is definitely alarming and the bonafide purchasers are now passing through an unexpected and peculiar problem. 

 It is high time that the Government should act firmly and give protection to the bona fide property owners. Any delay in sorting out the problems of the law abiding citizens to protect their legally acquired property would make the people to lose faith in the Government and it may lead to the development of jungle-raj as well.
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Wednesday, September 11, 2013

Advocatre Selvakumar Bangalore : RER frank talk on Protecting Government Land


Protecting Government Land 

             Even after lapse of fiftynine years of independence, one of the basic necessities of the people viz., shelter for all looks like a-fairy tale dream. Successive Governments at the Centre and States are not very successful to address this problem effectively though some serious efforts are in the offing in recent years. 

             Further, a large chunk of Government lands are in the grip of land mafia. The authorities vested with the power to protect Government lands have not been very effective since encroachment of these lands by the land mafia is continuing unchecked though now and then we hear some eviction action by the Government which is far from satisfactory. 

             To arrest such grabbing of Government lands by the land mafia the Government should first update its data bank concerning Government lands situate in different parts of the city and take road to road survey by its vigilance squad to identify the lands in occupation of landhttp://guidancevalue.com mafia. 

             There after take urgent steps to get back these lands. At the same time, Government should initiate punitive action against these mafia to prevent them from repeating such illegal activity if necessary through appropriate legislation. 

             However, as a one time go, Government may notify that the land mafia may voluntarily declare and surrender Government lands within a stipulated period to save themselves against the deterrent punitive / legal action. At the same time, Government should speed up their action to solve the housing problems of the masses.
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Saturday, September 7, 2013

Frank talk on Housing sector bangalore 5


In order to gain the benefit of 100 per cent income tax rebate under Sec.80-IB(10) of the Income-Tax Act,1961 in respect of the profits and gains arising from the business undertakings developing housing projects, a large number of builders have speed up their construction activities throughout the country including Bangalore. But the demand for apartments in and around Bangalore has not gone up as expected mainly for the reason that the overhead expenses in respect of purchase of an apartment would come to more than 25% of the total cost. 

 The over- head expenses would, inter alia, include revision of registration charges and stamp duty, corpus deposit, stamp duty on mortgage loan, fluctuations in lending rates on housing loan by Banks, charges for car parking, service tax and the like. This has forced the intending buyers to make suitable adjustments in their financial planning and 
strategies. 

 Granting incentives to builders on Housing projects is definitely a welcome move. But, at the same time, the cost of an apartment/house should be within the reach of a commonman Government should have formulated the scheme in such a way that the benefit of incentive could percolate downwards and not to fatten the purses of rich builders. 

 Government may, at least, stabilize lending rates on house construction/purchase, remove stamp duty on mortgage loans and increase income-tax rebate on investment in construction/purchase of house/apartment by individuals and other intending investors. - Editor
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Friday, September 6, 2013

Advocate Selvakumar RER Frank talk on Land conversion


The Government of Karnataka has put ban on conversion of land from agriculture to non-agriculture and approval of layouts till the end of December,2006, for formulating a master plan for six zones around Bangalore viz., Nelamangala, Magadi, Kanakapura, Anekal, Hoskote, Ramnagar and Channapatna by BMRDA. This means that if a real estate developer wants land acre around Bangalore, he has to wait at least till the end of December, 2006, as BMRDA hopes to complete the task by this time. 

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 Though planned development of city's suburbs is welcome, the moot point is whether the BMRDA would be able to complete the project within the stipulated period. 

 If analysed on the basis of the progress of BMIC project, the answer would be in the negative. Thus, there would be no land development activity in the areas noted above for a considerable time. 

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Government of Karnataka has already spent crores of rupees on Out-line Development Plan, comprehensive Development Plan, Structural Plan and BIAAPA Area Plan. When Government has already got several plans at its hands, without meticulously analyzing and implementing these plans, Government ought not to have gone in for a new Master Plan. 

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The Government has probably failed to notice the financial loss due to banning on conversion of lands till end of December, 2006 and the expenditure involved in the completion of this new task. In addition, the land developers who have invested their huge money on lands may knock the doors of courts or may move out of the State because of the ban. 
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 It is suggested that whenever any such far reaching decisions are taken, involvement of all the concerned and affected would help the project in its successful implementation. 
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Thursday, September 5, 2013

Legal advices and property matters...

Sri. S.M. Krishna, Chief Minister of Karnataka, who is also in charge offinance presented the budget proposals on 21'1 march 2003. Budget follows the usual trodden path, taxing what is left but in the central budget.
Middle class has to bear the burden with the imposition of APMC cess, and tax on power bills. Flat purchasers are worst hit.

Though reduction in stamp duty and registration charges are welcome, continuation of additional stamp duty on behalf of local bodies in the form of cess will continue to be a burden. The removal of slab system and introduction of uniform 8% of the stamp duty on purchase of flats is burden to middle class who purchase economy budget flats. The burden is more on small budget flats, which tapers at the higher end.
The following table shows the increase of the Flat First Registration:

Stamp duty and registration changes
Value of flat
Present
Revised
Difference
(% in brackets)
3,00.000
18,300
34,200
15,900



(86.88%)
5,00.000
32.600
57,000
24,400



(74.84%)
10,00.000
84,100
1,14,000
29,900



(35.55%)
18,00,000
1,83,300
2,05,200
21,900



(11.94%)























The middle classes, because of paucity of funds generally prefer low budget flats. Flats optimize the land use and provide safety and security. In a single stroke, the state government has negated the various tax sops, progressive measures of central government to make housing affordable. 

In contrast the upper class, builders, promoters are rewarded by reducing the stamp duty on developmental agreements and general power of attorney for land development to Rs. 1000/- from the present 2% and 4% of market value. Taxing the end users will definitely effect the real estate sector adversely, particularly multiple housing projects, which are slowly gaining ground. Will the government think for a while? 


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