Thursday, 26 February 2015

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 and updated version of the acts/rules, and be made available to the public at affordable price.