We own a villa property in a gated layout in whitefield-Hoskote Road. BDA has approved the layout in Sept 2004 & has made a specific clause tthat the Building plan should be approved by them. but builder has obtained building sanction from Seegehalli Village Panchayath & completed the project & we got it registered in May 2007. we have E khata from the said Panchayath & paying taxes there. Now when we wanted to sell the property, the buyer has applied for loan from SBI.SBI lawyer has objected as to why the building sanction was obtained from Panchayath inspite of the specific clause in BDA approval. Neither the Builder Nor the Panchayath is able to satisfactorily give any explanation or produce any document to this effect. So far there is no notice of akrama-sakrama also. The buyer is insisting that everything should be clear. The layout is approved by many other banks like ICICI bank, HDfc bank etc. But he wants from SBI only and though their lawyer is saying this is not a very big problem or legal problem, it is only a technical problem , he is not agreeing. Now is there anything we can do ? or should we just leave this party? Even if we leave this party and if there is any irregularity we are not aware of , then we would like to make it uptodate. A quick answer will help us as the party is going to take a final decision by tomorrow. Thanking in advance-Nish
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
1) forget the party and find another buyer
2) if loan is being granted by other banks let purchaser take loan from said banks
3) legally building plans should have been sanctioned by BDA if layout has been aprpoved by BDA and there is clause to that effect in layout approval plan
1. The building constructed without sanction from competent authority is irregular and its future often becomes at danger though in most cases it is regularised anyway on payment of penalty.
2. Check whether the Panchayat had authority to grant sanction at a time when it was granted or BDA had supervening authority.
3. Since other banks have approved the project prima facie the irregularity does not look like a serious one.
4. However since lot of money is at stake it is better to avoid this proeprty and zero in on some other property.
1. Since the lay out has been approved by the BDA, it is clear that the said area comes under the authority of BDA who are only authorised to sanction the building plan.
2. In your case, the Panchayat has acted without having any jurisdiction to approve the building plan.
3. Your building plan is required to be sanctioned by the BDA authority now for whichyour builder should now apply for duly paying the required fine.
4. If the builder refuses to act, lodge a complaint case before the local district Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming direction on him to get you the building plan sanctioned for the building he has already constructed illegally within next 1 month failing which he should pay penalty of rs.1 thousand per day's of delay. if he fails to get it with in next 6 months, he should pay the cost of the building with interest, damage and cost.
Bangalore Development Authority is the Planning Authority for Bangalore Metropolitan area.
In the comprehensive development plan the Hoskote taluk comes under BDA which would grant approval of residential Industrial & Commercial Layouts in favour of House Building Co-Operative Society (HBCS) / Institutions and individuals and also approval of development plan for Group Housing Scheme.
In your case there is a clause already imposed the building plan should be approved by BDA, it would be improper to obtain plan approval from Panchayat board.
The builder in order to somehow promote the sale has suppressed the fact and obtained approval from panchayat officials by bribing them.
The power to approve plans by panchayat board was repealed very long ago.
The sanctioning of building plan by the village panchayat secretary is ultra vires.
If there is a possibility to get the plan regularized by BDA at this stage, you may try for that .
Even if you skip this party, this problem will persist until you are not clearing it or getting it regularised.
Even if I were the buyer I would have done what your buyer has done. When the approval has to be from a specific authority it has to be approved by it alone. So either you now obtain approval from the competent authority or look for another buyer who does not conduct due diligence by following the rules literally.
