In recent times,
Bangalore has witnessed phenomenal growth in population due to various reasons
such as pleasant weather conditions, better career opportunities and the like.
As a result of this, there has been a rapid increase in the demand for house
and house-sites here. In order to cater to this increasing demand, a large
number of Developers and Property Dealers have come into picture and have been
forming private layouts without following the mandatory procedure and requirement
of law making the innocent purchasers to suffer. To avert this mishap, it is
necessary that the intending purchasers of immovable property in Bangalore have
some knowledge about the nature of the property proposed to be purchased by
them to save themselves from the risk of investing in the immovable property
with no valid and marketable title.
There are only two
authorities, which have been authorized to approve layouts in and around
Bangalore viz., Bangalore Development Authority [B.D.A.] and Bangalore Metropolitan
Rural Development Authority [B.M.R.D.A]. While the BDA approves the layout
plans for formation of layouts in the lands falling within the metropolitan
areas, BMRDA approves layout plans for formation of layout in the lands
situated in the outskirts of Bangalore.Getting approval for the land
conversion and layout formation from BMRDA is less time consuming,less
expensive and easier when compared to procedure laid down by the BDA.
Comprehensive
development plan: For planned development of a city, proper road network, parks,
open space, civic amenities, and a proper approved layout is necessary. BDA is
the authority in charge of planning and development to Bangalore Metropolitan
Area. Comprehensive Development Plan [CDP] is prepared by BDA under the
Karnataka Town and Country Planning Act, 1961. The last CDP was prepared and
approved by Government in the year 1995, which is still in force.
Zonal Regulations: In order to promote public
health, safety and the general well-being of the community, it is necessary to
apply reasonable limitations on the use of land and buildings. This is ensure
that the development of the city takes place in accordance with the land use
plan as proposed in the CDP in a most appropriate and healthy manner.
Generally, CDP is valid for a period of 20 years from the date of preparation
of the plan.The following are the classification of land uses for various
zones:
- Residential
- Commercial (retail and whole sale business)
- Industrial (light and service industries,
medium industries and heavy industries)
- Public and Semi-public Utilities and
Services.
- Parks and Open space and playgrounds
(including public recreational area)
- Transportation and Communication.
- Green-belt area
Unauthorised Layouts: Sites formed in unauthorized layouts are
called Revenue Sites. The lay-outs which are formed without following the
mandatory procedure and the requirements of law are called unauthorized layouts
and can be classified into two:
- Converted land unauthorized layout: In this type of layouts, sites are
formed in the lands which are converted from agricultural to
non-agricultural residential purpose after obtaining conversion order from
Deputy Commissioner and in conformity with the zonal regulations but
without obtaining approved layout plan from the competent authority.
Village Panchayat are not competent to approve the lay-out plans.
- Agricultural land unauthorized layout: In these layouts, sites are formed on
the agricultural lands not converted and without obtaining approved layout
plan from the competent authority. Purchase of this type of site is very
risky as marketable title would not be available to the purchaser. Sites
formed in either of the classification referred to above are called as
revenue sites. In such sites, electricity, water, sanitation and civil
amenities will not be available to the site owners though providing of
these facilities are the mandatory requirements as envisaged under the
Karnataka Town Planning Act, 1961.
In formation of sites
in these unauthorized layouts, Developers play a key role. In order to achieve
maximum saleable area, the width of the road and the space allotted for
providing civic amenities would not be as per law. The only intention of the
developers in such unauthorized layouts would be to enrich themselves without
providing even the basic amenities to the buyers.
Purchasing sites
formed in the converted land unauthorized layout is comparatively better option
to the one formed in the non-converted agricultural land. However, purchasing
sites in unauthorized layouts will not convey valid and marketable title to the
transferees. In fact, Bankers even refuse to provide loans for such sites
either for the purchase or for putting up construction thereon. Thus, sites in
unauthorized layouts are not recommended for purchase.
Approved Layouts:It is advised that the people who are
desirous of purchasing house site may prefer to purchase sites in approved
layouts for the reason that water supply, underground drainage street lights,
electricity supply, civic amenities are available in these layouts. Valid and
marketable title is conveyed to the purchasers. Value of sites appreciates
considerably. Housing loan facilities can be availed for purchase of site and
for construction and above all it is easy to dispose of these sites whenever
needed. The following types of sites are suggested for purchase:
- Sites allotted by BDA without lease.
- Sites allotted by KHB without lease.
- Sites allotted by Co-operative societies
after obtaining approval for formation of layout from BDA or BMRDA along
with order of release of sites.
- Sites formed in the private layout, approved
by BDA or BMRDA along with order of release of sites.
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