BENGALURU–ORIGIN AND ITS GROWTH

BENGALURU–ORIGIN AND ITS GROWTH

BENGALURU – ORIGIN AND ITS GROWTH

Magadi Kempe Gowda founded this Bangalore City, during 1537, i.e., approximately around 480 years ago, but at that time itself, said Sri Kempe Gowda had a long vision on the growth of this City, as a result huge towers were built on all the four corners of the City. These towers are located at Mekhri Circle, Ulsoor Tank, Lalbagh (near Wilson Garden) and Gavipuram Guttahalli.  However, in the days to come, the City has over passed these limits long long ago, in its speedy growth on all directions.  This City due to its ever stopping growth was the Capital of the erstwhile ‘Mysore State’ and later on as the Capital of the ‘larger Karnataka state’.

During the 19^th Century, the Britishers established the Cantonment area of the City, as one of their ‘Army’ headquarters.  The City Municipality was constituted in 1862; while the City was upgraded to Corporation during 1949, vide Bangalore Muncipal Corporation Act, 1949.  Subsequently, the City Municipal Area and the Cantonment area were merged to firm a single local administration and accordingly the Bangalore City Corporation came into existence.

However, during the re-organisation of States in 1956, area of the State became double; and this factor contributed to the speedy growth of the City. The other factors responsible for the growth of the City can be attributed to its salubrious climate, good highways, railways and air connections, and existence of several public sector undertakings and heavy industries.Due existence of several large public sector undertakings, ancillary industries providing services to these heavy industries also came into existence.

During the period from 1901 to 2011, the population of Bangalore city increased from 2.28 lakhs (during 1901) to around 84.44 lakhs (as of 2011). The rate of growth of population in the city was about 77% between the period 1971 to 1981, which was the highest in South-East Asia. Taking into consideration the requirement, the Building regulations were liberalized by increasing the floor area ratio (F.A.R.) up to 3.50 in Bangalore City, resulting which many high rise buildings besides large number of apartments and commercial complexes came into existence in Bangalore city; and thus the Real Estate Industry has earned its own place in Bangalore with local and outside builders and developers settling in Bangalore.

Towards the step in right direction, and taking into consideration the need for a formal Planning authority, the City Improvement Trust Board (C.I.T.B.) was constituted in 1945 under the City of: Bangalore Improvement Trust Board Act, 1945. The Government Architect and later the Director of Town Planning were the members of the Board, who were the authorities for planning the extensions on a piece meal basis in between two built up areas or in continuation of an existing built up area.  The C.I.T.B. did good work in forming most of the city extensions such as: Jayanagar, Rajajinagar, Indiranagar, Vijayanagar, Basaveshwaranagar, Mahalakshmi Layout, Koramangala etc.

Earlier to it, the planning was done in piece meal by the Municipality whenever an extension was proposed.  Extensions such as: Chamarajapet, Visveswarapuram, Basavanagudi, Malleshwaram, Gandhinagar, etc., in the City area were formed by the City Municipality.  While the Frazer Town, Cox Town, Cooke Town, Richards Town, Langford Town were formed in the Cantonment area.

Later, during 1951, the Bangalore Development Committee was constituted by the Government under the Chairmanship of Sri N. Madhava Rau, former Dewan of Mysore State, to work out a Master Plan for Bangalore. The Plan prepared by this Committee was implemented by the C.I.T.B. for proposing extensions.

Subsequently, during early 1960’s the Government constituted the Bangalore Metropolitan Planning Board (B.M.P.B.) again under the Chairmanship of  Sri N. Madhava Rau, to prepare a Development Plan for the Metropolitan area of Bangalore.  Metropolitan area, is the influence area of the city for planned development of the city and its suburbs. Representatives of various agencies were members of the Board.  The Board prepared an Outline Development Plan (O.D.P.) of Bangalore Metropolitan area during 1965. This plan is implemented by the City Improvement Trust Board.

During the period from 1901 to 2011, the growth of area of Bangalore city increased from 20.48 Sq. KMs (during 1897) to around 712.54 Sq. KMs  (as of 2011).

While so, there were efforts at the National level to introduce Town and Country Planning Legislation in all the States for the planned development of urban areas.  In line with this, the Town and Country Planning Act, 1961 was enacted which came into force from 15.01.1965.  Accordingly, the Bangalore City Planning Authority was constituted under this Act and this has succeeded the Bangalore Metropolitan Planning Board for planning functions in Bangalore.  The City Planning Authority adopted the Outline Development Plan prepared by the B.M.P.B., and continued the planning functions.The Government finally approved the O.D.P. on 22/05/1972.

Subsequently, the Bangalore Development Authority Act, 1976 was enacted with effect from 20/12/1975 to combine the planning functions of the C.I.T.B., on the lines of the Delhi Development Authority.  The Bangalore Development Authority was constituted w.e.f. 15/11/1976. There was much expectation about the work of Bangalore Development Authority since it combined both the planning as well as development functions, but the citizens of Bangalore were disappointed as the Bangalore Development Authority could not able to achieve any progress which was mainly due to the problems created by the enactment of Urban Land Ceiling and Regulations Act, 1976.  During these years the problems of the City increased without formation of any new layouts.  The land values increased and the outmoded acquisition procedure was not effective.

The higher land values in Bangalore have resulted in intense development  in the built up area.  Introduction of mass rapid transit system and development of calm residential localities with approach from Metro / E.L.R.T.S. system will enable improvement of quality of life in Bangalore.

More,

2BHK Apartments in Bangalore
Site at Bangalore
Villa Houses in Bangalore
Apartments for sale at Electronic city
Individual house for sale in Bangalore
Plots for sale in Bangalore

Flats purchase in Bangalore
House for rent in Bangalore
Apartments for rent in Bangalore
BMRDA Approved Layouts

 

 

 

Anekal
Bannerghatta Road
Devanahalli Road
Electronic City
Hosur Road
Indira Nagar
Kanakapura Road
Koramangala
Sarjapur Road
Vijayanagar
Whitefield

REALTY SECTOR RUSHES FOR ‘CARBON CREDITS'

The Carbon Credits are like price money for the real estate sector. Carbon credits are given for the points earned by any venture for saving energy and less carbon dioxide in the air. World over, after Kyoto protocol signed by most of the United Nation Members, Carbon credit concept is gaining momentum for awards in monetary terms. They are a key component of national and international emissions trading schemes that have been implemented to mitigate global warming.

Carbon credits create a market for reducing greenhouse emissions by giving monetary value to the cost of polluting the air. It is important for any project to prove “Additionality”, a term used by Kyoto‘s Clean Development Mechanism.

Real Estate Developers in India are game for cashing on the Carbon credits generated by their projects.  The Credits can be generated for completed projects as well as planned for energy savings.  Credits can be exchanged between business or bought and sold in international markets at the prevailing market price.

The protocol agreed to put a cap or quotas on the maximum amount of greenhouse gases for developed and developing countries. In turn these countries set quotas on the emission of local business processes.  A credit can be an emission allowance which was originally allocated or auctioned by the national administrators of a cap-and-trade program, or it can be an offset of emissions. For trading purposes, one allowance or Certified Emission Reductions (CER) is considered equivalent to one metric tonne of CO₂ emission. These CER can be sold privately or in the international market at the prevailing market price. Each international transfer is validated by the UNFCCC.

Carbon credits create a market for reducing green house emissions by giving monetary value to the cost of polluting the air. It is important for any project to prove “Additionality”, a term used by Kyoto’s Clean Development Mechanism. To prove Additionality, a Carbon Credit reduction project would not have occurred had it not been for concern for the mitigation of climate change.

In India, ITC Sonar Bangla, Kolkata,   is world’s first hotel to obtain CER besides Hotel Orchid in Mumbai which has created and generated Carbon credits.

Real Estate projects, those completed are getting audited their process and those which are under planning stage are going in for energy saving complexes to reduce the carbon emission while constructing, procuring local building materials and providing water harvesting and Solar systems for alternate to electricity.

More,

2BHK Apartments in Bangalore
Site at Bangalore
Villa Houses in Bangalore
Apartments for sale at Electronic city
Individual house for sale in Bangalore
Plots for sale in Bangalore

Flats purchase in Bangalore
House for rent in Bangalore
Apartments for rent in Bangalore
BMRDA Approved Layouts

 

 

 

Anekal
Bannerghatta Road
Devanahalli Road
Electronic City
Hosur Road
Indira Nagar
Kanakapura Road
Koramangala
Sarjapur Road
Vijayanagar
Whitefield

Rainwater Harvesting

Rainwater Harvesting

Today's Rainwater, Tomorrow's Drinking Water

Rain water is the gift of God for use of all. It is one of the basic needs for survival. In villages there are deep wells, shallow wells and ponds that clearly point to the high priority the ancients gave for water conservation. With large scale and haphazard urbanization, the values of simple and effective traditional techniques of water conservation were ignored. Now the people have realized these values and are taking steps to revive the old and trusted techniques.

For centuries rivers and tanks met the drinking water and irrigation needs of the people. In those days people living far away from the river course and wetlands conserved rainwater in large walls and regulated the rainwater to fall into ponds and lakes. During the summer months they utilized the stored rainwater for drinking and irrigating thousands of acres of agricultural land. The community controlled the water use.

Rainwater does go waste if it is not properly regulated. Cheerapunji  in Assam receives almost 12,000 mm of rainfall per annum, yet people there face drinking water scarcity while in arid Rajasthan it hardly rains for a month. However, the industrious villagers store rainwater in large natural and man made reservoirs by adopting rainwater-harvesting techniques for use during the months of scarcity.

Tanks and ponds that adorn the villages are now shrinking in numbers. Many water bodies are facing the threat of extinction. Natural reservoirs have slowly been fading away due to encroachment, land grabbing, and poor planning.

In urban areas, concrete buildings and asphalted roads prevent water from seeping into the ground. When it rains the rainwater just gushes out into the drains. Because of this the ground water is not replenished and the water table does not rise.

The need for conserving rainwater is now more vital than ever before. In these days of water scarcity the traditional techniques must be revived for saving precious water. Rainwater Harvesting (RWH) is the technique of collecting and storing rainwater wherever it rains instead of allowing it to go waste. Rainwater recharge is a method to increase rainwater infiltration in the soil surface to raise the ground water table.

How to conserve rainwater? Collecting water from the rooftops through pipes and discharging into we11s, recharging of defunct bore wells and open wells through percolating pits, regulating it to flow into ponds and lakes are some of the efficient and cost effective methods to augment water supply.

The cost of making percolating pits around a 100 sq m house with filter tank and underground pipe leading to the well works out to approximately·Rs.6000/-. For a 20 m x 30 m multistoried building the cost of making 1 m x I .5 m deep percolating pits around it with drain pipes, filter tank and underground piping to the well will be around Rs.75, 000/-.

For row houses and business complexes it works out to approximately Rs.2, 00,000 and Rs.90, 000 respectively.

An independent house in Bangalore can on an average save about 40,000 liters of rainwater per year after meeting all the needs. Rainwater conservation augments ground water level; raises water level in the existing wells; re- charges defunct bore wells and open wells; prevents cracking of building walls due to presence of moisture in the soil; decreases the salinity of soil and increases the quality of ground water and the moisture content of the soil; increases soil fertility due to growth of vegetation; stops seepage of seawater into the ground water; stops soil erosion Conserving rainwater not only solves the drinking water problems the people face during the summer months, but also irrigates several acres of agricultural land in draught affected areas.

While granting license to construct new buildings the authorities must ensure that the building plan has provision for rainwater harvesting. If it is not provided, then the authorities shall not grant license to the builders.
This is not sufficient. Government's propaganda machinery must galvanize in to action to popularize this inexpensive and very efficient technique of water saving concept.

Lakes must be de- silted and deepened to hold more water, In villages too this concept must be popularized. The World Bank has warned of severe drinking water scarcity in India in the year 2025. Scanty rainfall in the recent years is perhaps indicating the shape of things to come. It is high time government acted with all seriousness to ward off the impending disaster. Having a green belt without any water scarcity is known as a blue belt area, that is when we recharge the ground water and change the conditions of a place from one of scarcity of water to one of sustenance. This can be achieved through RWH techniques and this will save Bangalore from water scarcity. Bangalore's topography is particularly suitable for rainwater harvesting.

The and the granite rock underneath are well suited for RWH. These are unique qualities and it should be tapped to the maximum. Also Bangalore gets about 850 mm rainfalls annually. This gift from Mother Nature shall not go down the drain.

Though about 700 million liters of water from Cauvery and other sources are being generated daily, yet there is a wide gap between supply and demand. At current rate of consumption, the city needs additional 150 million liters daily. In a few years from now water supply as high as 2200 million liters daily would be needed. RWH is a less expensive affair. Anyone can adopt this technique.

Government buildings, large educational institutions, hospitals, satellite ownships, condominiums and independent households must adopt this technique. In so doing, water scarcity during the summer months can be contained to a great extent. Reports say that government is preparing action plans in all districts to tackle the problem of drinking water shortage on account of failure of monsoons. There are about 56,000 villages and hamlets in the state, which face drinking water crisis one time or the other. The problem accentuates when there is scanty rainfall.

For more :

Individual House for sale in Bangalore

Apartments for rent in Bangalore

House for rent in Bangalore

Plots for sale in Bangalore

2BHK Apartments in Bangalore

Apartments for sale at Electronic city

Site at Bangalore

Villa Houses in Bangalore

Flats purchase in Bangalore

BMRDA Approved Layouts

SUPREME COURT DECISION ON WILL

Execution of a Will is required to be proved in terms of the provisions of Section 63(c) of the Indian Succession Act and Section 68 of the Indian Evidence Act.

 In Janki Narayan Bhoir v. Narayan Namdeo Kadam, [(2003) 2 SCC 91], while dealing with the question elaborately, the Hon'ble Supreme Court has held as under:

 “To say Will has been duly executed, the requirement mentioned in Clauses (a), (b) and (c) of Section 63 of the  Succession Act are to be complied with i.e., (a) the testator has to sign or affix his mark to the will, or it has got to be signed by some other person in his presence and by his direction; (b) that the signature or mark of the testator, or the signature of the person signing at his direction, has to appear at a place form which it could appear that by that mark or signature the document is intended to have effect as a will; (c) the most important point with which we are presently concerned in this appeal, is that the will has to be attested by two or more witnesses and each of these witnesses must have seen the testator sign or affix his mark to the Will, or must have seen some other person sign the Will in the presence and by the direction of the testator, or must have received from the testator a personal acknowledgement of signature or mark, or of the signature of such other person, and each of the 11 witnesses has to sign the Will in the presence of the testator."

 As regards compliance of the provision of Section 68 of the Evidence Act, it was opined:

 "In a way, Section 68 gives a concession to those who want to prove and establish a will in a Court of law by examining at least one attesting witness even though will has to be attested at least by two witnesses mandatorily under Section 63 of the Succession Act. But what is significant and to be noted is that one attesting witness examined should be in a position to prove the execution of a will. To put in other words, if one attesting witness can prove execution of the will in terms of Clause (c) of Section 63, viz., attestation by two attesting witnesses in the manner contemplated therein, the examination of other attesting witness can be dispensed with. The one attesting witness examined, in his evidence has to satisfy the attestation of a will by him and the other attesting witness in order to prove there was due execution of the will. If the attesting witness examined besides his attestation does not, in his evidence, satisfy the requirements of attention of the will by other witness also it falls short of attestation of will at least by two witnesses for the simple reason that the execution of the will does not merely mean the signing of it by the testator but it means fulfilling and proof of all the formalities required under Section 63 of the Succession Act. Where one attesting witness examined to prove the will under Section 68 of the Evidence Act fails to prove the due execution of the will then the other available attesting witness has to be called to supplement his evidence to make it complete in all respects. Where one attesting witness is examined and he fails to prove the attestation of the will by the other witness there will be deficiency in meeting the mandatory requirements of Section 68 of the Evidence Act."

Bangalore properties are Apartments / Villas / Plots / Independent Houses ….

Real Estate Properties are available in Bangalore City…….

2BHK Apartments in Bangalore

Apartments for sale at Electronic City

Site at Bangalore

Villa Houses in Bangalore

Flats purchase in Bangalore

BMRDA Approved Layouts

Apartments for rent in Bangalore

House for rent in Bangalore

Individual House for sale in Bangalore

Plots for sale in Bangalore

RECONSTRUCTION OF LAKES IN BANGALORE

                                                                          

Tanks were constructed earlier to store water mainly for agricultural activity and for drinking water, bathing, washing of cloths and animals, gardening etc. Agricultural activities using water from lakes in Bangalore like ; Ulsoor Lake, Hebbal Lake, Sankey Tank, Akkithimmanahalli Tank, Sampangi Tank, Miller Tank, etc were discontinued due to urban development of lands all round the lakes, which were put to use for residential and other urban purposes.

When the urban area was small, water from these lakes were used for water supply to the residents. When the urban areas expanded with more population, the quantity of water from these lakes was not adequate. Reservoirs and dams were constructed to meet the requirement of large quantity of water like ; Hesarghatta Reservoir and Thippagondana Halli Reservoir. When water is not drawn for drinking water supply, they continue as lakes for environmental purpose, charging of underground water, and environmental improvement.

Lands along the natural valleys feeding rain water to the lakes, and government lands attached to the lakes are being encroached upon due to its potential for urban development. Builders, politicians, influential persons and land grabbers were found to be involved according to the enquiry reports and press reports. These encroachments reduced the open areas in the city and further tree planting is affected. Inaction by the officials /agencies to prevent the new encroachments and removal of existing encroachments has resulted in reduction of flow of rain water to the lakes. Reduced flow to Thippagondanahalli and Hesarghatta reservoirs are mainly mentioned in the media reports to cite some examples.

Other reasons for reducing the flow of rain water to the lakes is that the urban development in the catchments areas of the lakes which is not according to the natural terrain and slopes. The local authorities and the developers get the lands bull-dozed to make it a level land before taking up development. Due to such developments affecting the natural terrain , flow of rain water to the natural valleys get disturbed.

The natural valleys feeding rain water to the lakes are used by the City Corporation as major storm water drains (SWD). Debris and garbage are dumped in the major, minor, and road side storm water drains which affect the flow of rain water to the lakes. Due to all the above reasons, the capacity of the lakes is reduced, and during heavy rains low lying areas like; H.S.R. Layout, Koramangala, Viveknagar, Shivajinagar, etc get flooded.

In the old built-up areas of the City like; Kalasipalyam, Shivajinagar, etc owners of small properties do not take sewerage connections and the waste water flows into the storm water drains and reaches the lakes polluting the water in the lakes. Due to inaction by the Bangalore Water Supply and Sewage Board (BWSSB), water pollution in the lakes continues creating unhealthy environment in the built-up areas around the lakes.

Underground water feeding water to the bore wells installed due to shortage of water supplied by BWSSB is affected due to reduced recharging of underground water by the drying of lakes and their reduced storage. Earlier, water was available in the bore wells within the city at a depth of about 100 to 150 feet. But, now due to lowering of underground water table, water is available at a depth of 600 to 1000 feet. Reports indicate that underground water in Bangalore Urban and Rural districts are over exploited.

In Bangalore, Urban and Rural districts, there were 72 and 100 lakes which were of more than 100 acres in area respectively. The number of lakes with less than 100 acres was 540 and 453 in these districts. It is reported that 56 Lakes have been used for urban development to form extensions, sports stadiums, bus stand, public and semi-public uses, etc., by Government, BDA, and BBMP. Only recently, utilisation of lake areas are banned after protest from environmentalists citizens action groups, and on the the directions of the Honourable High Court in public interest litigations. Examples of such misuse are; Kanteerava Stadium, Subashnagar Bus Stand, Miller Tank area, Football Stadium, Hockey Stadium, etc. The proposal of BDA to form a residential extension in Shinivagalu Tank Bed area near Koramangala was dropped due to objections against misuse of tank area.

At present there are 185 tanks in and around Bangalore City. In the year 2009, there were 160 Lakes in the City. BBMP had announced taking up restoration of 20 Lakes. Even, BDA had announced the development of 12 Lakes in the first phase. Only recently, Munnekolala Tank was rejuvenated by BBMPat a cost of Rs. 3.85 crore.

Misuse of lake areas should be avoided. The Government and other bodies have to take up rejuvenation schemes to restore the lakes as per their recent announcements. The recommendations in the Report of the Committee headed by the great City Administrator Sri. N. Lakshmana Rau to revive and restore 127 lakes in Bangalore is to be taken up on priority basis. Financial assistance available from foreign governments to develop Lakes may be fully utilised. Further, contributions may be obtained from big companies for improvement of lakes.

Earlier, 114 lakes were handed over to the Forest Department. According to the recent statement of the Lake Development Authority, the lakes will be developed and naturalistic tree planting provided by the Department. The Lake Development Authority will have to be active and take up development of other lakes not proposed so far by BBMP, BDA and the Forest Department. BBMP should take intensive action to clear the encroachments along storm water drains. The cleared areas have to be protected with fencing and attempts in future to encroach has to be prevented.

The Karnataka State Pollution Control Board should give financial assistance for prevention of pollution of lakes and for rejuvenation. This Board is getting lot of income from builders and developers for issue of NOC for development of layouts and buildings.

New developments in the City and environment should be conforming to the natural terrain and contours without affecting the flow of rain water to the natural valleys feeding water to the lakes. Improvement of storm water drainage network is to be taken up by BBMP for smooth flow of rain water to the natural valleys without stagnation. Tree planting is to be taken up in the open areas where encroachments were cleared by BBMP and in the surrounding areas of the lakes.

Dumping of debris and garbage in the storm water drains and lakes should be prohibited and if dumped should be cleared daily by the BBMP staff. BWSSB should enforce sewage connections in all buildings in built-up areas of the City and entry of sewage to storm water drains and natural valleys should be stopped. This will prevent water pollution in the lakes. Private companies should not be allotted lakes as per Court directions as there is risk of misuse by the companies for earning income. Only BBMP, BDA, Lake Development Authority, Forest and Horticulture departments should take up improvement of Lakes.

New Lakes big or small are to be constructed with simple stone masonry in public parks like; Cubbon Park, Lalbagh and other park areas and large public premises. In all large townships of more than 50 acres to be developed, provisions of lake may be insisted in the area reserved for park. The valley margins prescribed in the Zoning Regulations of the Master Plan - 2015 of Bangalore should be enforced and landscaping and tree planting taken up by BBMP/BDA in those margins.

The Zoning Regulations stipulates margins of 50 mtr , 25 mtr, and 15 mtr ( measured from the centre of the valley/drain) respectively for primary( major), secondary(minor), and tertiary (branches of minor valleys). While approving development plans , valley margins as above are shown by BDA in the plans. But, strict enforcement of valley margins should be done by BDA/BBMP to see that more open spaces are available for improvement of urban environment. Violations reducing the valley margins should be dealt with , and landscaping and tree planting taken up.

Cadastral maps showing all lakes may be prepared and made available to all agencies and departments in Bangalore for reference, guidance, and enforcement Minor Irrigation Department may be entrusted to take up survey to form new tanks in Bangalore Urban and Rural districts and implement the same for future requirement of lakes in the City and to recharge the underground water.

The recommendations in Phase-1 of the Report brought out by Environment Protection groups , Save Bengaluru Lakes Trust( SBLT) , and Namma Bengaluru Foundation (NBF) should be considered and their effort appreciated. The groups may also be requested to mobilize funds from private sector to implement proposals for rejuvenation of lakes and to maintain those lakes. It is necessary to prevent pollution for clean water, increase capacity, and grow number of trees according to landscape design, etc. The above voluntary organisations may act as watch dogs to prevent encroachments of lakes, and pollution. The encroachers should be prosecuted for their illegal actions affecting the environment of the city.

Action is to be taken on the directions of the Honourable High Court for prevention of encroachments and improvement of lakes. The Honourable High Court may kindly review the progress of implementation of its directions and issue directions to the authorities in the interest of environmental improvement in the city. Lake Trusts may be formed for all the lakes with residents of the areas around the lakes. Resident welfare associations may also involve in the protection and improvement of lahes in their areas.

There is awareness now throughout the World about the bad effects of Global warming and the need to reduce the effects of air pollution by planting more trees, providing more parks and open spaces, conserving energy, compact developments instead of urban sprawl, etc. It is, therefore, necessary to take actions for restoration of lakes to improve urban environment.

More,

2BHK Apartments in Bangalore
Site at Bangalore
Villa Houses in Bangalore
Apartments for sale at Electronic city
Individual house for sale in Bangalore
Plots for sale in Bangalore

Flats purchase in Bangalore
House for rent in Bangalore
Apartments for rent in Bangalore
BMRDA Approved Layouts

Anekal
Bannerghatta Road
Devanahalli Road
Electronic City
Hosur Road
Indira Nagar
Kanakapura Road
Koramangala
Sarjapur Road
Vijayanagar
Whitefield

DELHI HIGH COURT ASKS DDA, SDMC AND ASI ON UNAUTHORISED CONSTRUCTIONS NEAR MONUMENTS

UNAUTHORISED CONSTRUCTIONS

The Delhi High Court in a case of an unauthorized building built within the 100-meter prohibited area of Ala-ud-din Khilji’s tomb in Hauz Khas village, has sought response from Delhi Development Authority (DDA, Municipal Corporation of South Delhi (SDMC) and also from the Archaeological Survey of India (ASI).

The Bench comprising of Justices Badar Durrez Ahmed and Sanjeev Sachdeva issued notices to DDA, ASI and sought their replies before the next date of hearing. The Court further directed them to file affidavits within a week, indicating whether the structure has been constructed in a prohibited area that is within 100 meters of protected monument, and if yes, then as to why they have not taken any action against it.

It is observed that, in the Writ Petition filed in public interest, the Petitioener has highlighted the fact that just next to the alleged Maqbara (tomb) of Alauddin Khilji, a building bearing House No. 9 in the village Hauz Khas, New Delhi has been constructed despite complaints by ASI.  At the time of taking up the Writ Petition, the Counsel for the South Delhi Municipal Corporation (SDMC) was present.  The learned Counsel for the DDA was also present.  They accepted the notice of the said Writ Petition; and agreed that they shall file affidavits indicating as to whether the said House No. 9 has been constructed within the prohibited area or not.  If so, they also shall have to indicate as to why the said Respondents did not take any action.  The said affidavits are required to be filed within a week”, the Court ordered.

The Court also observed while hearing the PIL filed alleging that the structure has been built in violation of norms near the Monument and was also being used to run a beer bar.

2BHK Apartments in Bangalore
Site at Bangalore
Villa Houses in Bangalore
Apartments for sale at Electronic city
Individual house for sale in Bangalore
Plots for sale in Bangalore

Flats purchase in Bangalore
House for rent in Bangalore
Apartments for rent in Bangalore
BMRDA Approved Layouts

 

Anekal
Bannerghatta Road
Devanahalli Road
Electronic City
Hosur Road

REAL ESTATE LEASES MAY HAVE TO BE REGISTERED

The Ministry of rural development has proposed that, the registration of real estate leases, even those lasting less than a year is made compulsory to be registered in an effort to improve transparency and modernise the Land Records in the country. It also wants to use Aadhar numbers to check the identity of the people registering the land.

The proposed amendments to the Registration Act of 1908 have been suggested by the Ministry’s Department of Land Records (DOLR). They were aimed at plugging losses to the State Exchequer due to the transfer of land by passing registration, a common practice across India. The proposed changes made it compulsory for all manner of agreements relating to land or property to be registered if they are to be considered as evidence in a Court of Law.

The proposals, suggested by an Expert panel, are still in a preliminary stage. The Ministry was unlikely to present the suggestions in the form of amendments to the 1908 Bill during the monsoon session of Parliament. The Land Survey Records that are in different parts of the country are still archaic.

“India is one of the few countries in World, where record of rights on land is presumptive; it is not conclusive unlike many other countries. They are presumed to be the Owners of land unless proved otherwise. That is why they have lots of disputes and lots of problems in land acquisition”.Government was aggressively moving towards the conclusive title. But, before they do that, they need to update their Land Records. They need to make them online and they must ensure that the survey of the Land Record is updated. The attempts are going on to modernise the Land Records and make them available online to avoid fraudulent transactions and claims.

The 1908 Registration Act is a “significant piece of procedural legislation”. The Expert panel noted that Act is rested on three principles: (i) a registered document always invalidating an unregistered one, (ii) a registered Mortgage Deed having precedence over an unregistered Mortgage Deed and (iii) the prevention of commission of fraudulent transactions in the form of sale or gift by requiring the registration of such transactions. As a result, all manner of agreements relating to land or property need to be registered if they are to be considered as evidence in a Court of Law. The Committee noted that the complexities of land acquisition are among the deterrents to investments in India, especially in infrastructure. A new Bill to replace the archaic land, the acquisition Bill is pending in Parliament and is expected to be taken up in the ongoing monsoon sessions.

The panel had advocated the redefinition and registration of leases as the provision had been exploited repeatedly, particularly in land disputes. Autonomy is given to the State to specify the floor amount for such registration. The 1908 Act does not require leases for a period of less than a year to be registered.

To ensure that all registrations are open to scrutiny, the panel has recommended the amendment of Section 18 of the 1908 Act that will ensure that the registrations are made open and available to inspection by the Public at all times.

Another section of the 1908 Act says that the panel has proposed to amend is Section 28, which states that, if a person has immovable properties in more than one State, they can get the documents related to their transfer registered in any of those States. Since, there is no provision as yet for active computerisation of Land Records, the Expert panel suggested that Registration Officers to be empowered to use the Unique Identification Authority of India’s Aadhar numbers to check and verify the identity of the persons appearing for the registration of the property.

The charges are expected to encourage and facilitate the creation of a database, with a new provision being made to allow applications online. To ensure gender equality, the panel has also recommended compulsory registration of adoption of daughters. So far, under the 1908 Act, only the registration of adopted sons was required.

The absence of a Comprehensive Law has allowed many loopholes in land registration and documentation, which has led to many unrecorded transactions as well as false claims of possession. While the last land survey in Bihar was held in 1907, in Andhra Pradesh it was in 1931 and in Uttar Pradesh in 1957. The Central Government has been funding the States for modernisation of Land Records. Under the Constitution, Land is a State subject. The Centre has launched a land record modernisation exercise in 267 districts and the process is expected to be completed by 2017.

More,

2BHK Apartments in Bangalore
Site at Bangalore
Villa Houses in Bangalore
Apartments for sale at Electronic city
Individual house for sale in Bangalore
Plots for sale in Bangalore

Flats purchase in Bangalore
House for rent in Bangalore
Apartments for rent in Bangalore
BMRDA Approved Layouts

 

 

Anekal

Bannerghatta Road
Devanahalli Road
Electronic City
Hosur Road
Indira Nagar
Kanakapura Road
Koramangala
Sarjapur Road
Vijayanagar
Whitefield