• BMRDA approved but unreleased site (from 40%) sold & registered by builder /promoter

I have purchased a plot (30x 40) in a BMRDA approved layout in Jigani, Bangalore , but my site, which is already registered in sub registrar office in Bannerghatta is in the 40 % unreleased list of plots . However, Axis Bank has also given the loan.

The builder /promoter is not existent now & is not responding.

Please advise the further course of action to release the plot & whether i can construct an eco house with solar panels & own borewell etc without plan approvals. 

The Layout is not developed by the builder & there is no electricity, park & facilities etc. 

How can i alone get my plot released for construction ? There may be other unknown plot owners in the layout, who may have unreleased plot, but it is not possible to contact them or converge on developing the layout ourselves as the funding required is huge.

Can BMRDA acquire a registered unreleased plot ? 

The total layout is about 24 acres & no of plots is about 350. Please advise. I could consider to progress the case further on basis of legal opinion & way forward. The BMRDA approval is dated during year 2006-07 & i have purchased in year 2008, hence perhaps RERA doesn't apply. Thanks. My email id is [deleted]
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

You can carry on construction only if plans are sanctioned by BBMP

2)if you have purchased plot by registered sale deed you are absolute owner of plot

3) further the layout is approved by BBMP

4) plot would not be acquired by BBMP

5) if your application for carrying on construction is rejected seek court orders to direct BBMP to permit you to carry on construction

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) Dear Sir BMRDA aproval is of no use as the plan layout shall be approved from local authorities you have cheated with the tag of BMRDA approval as there is no such approval the BMRDA only frame law and there is notification to the effect from BMRDA that they do not approve plans.

Kindly refer article your doubt will be cleared, local BDA authorities approve plans and BBMP collect tax and maintain khata on approved plans.

https://timesofindia.indiatimes.com/city/bengaluru/Check-twice-before-buying-site-with-BMRDA-approval-tag/articleshow/35696848.cms

2) Apply at BDA for permission once layout is approved, pay the taxes to BBMP.

3) If BDA doesnot approve plan file a case in high for direction for BDA to approve plans.

4) Further file cheating and breach of trust case against the seller/builder.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

This is my following advise to you:

1. You will need sanction of the BBMP (Bruhat Bengaluru Mahanagara Palike);

2. Make sure you have other documents/deeds/documents/agreements to prove that you are the owner of the property;

3. Since the builder is not responding, file a legal notice and police complaint against them;

Your question: How can i alone get my plot released for construction ?

Answer: You will need permission of BBMP and then you can go ahead with the construction;

Your question: Can BMRDA acquire a registered unreleased plot ?

Answer: Buyers should be aware that any layout approval should come from the local planning authorities and not from BMRDA directly. BMRDA only frames rules to help these authorities with master plans.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

Thought RERA doesn’t apply, but still you can ask from the concerned department about the post layout plan registration and fine for that if any.

It just doesn’t mean that you can’t get it pass layout plan.

And include the condition of borewell plus solar panel also, if they have any such permission guidelines.

You can consult me for further drafting of the same representation plus RTI.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Please advise the further course of action to release the plot & whether i can construct an eco house with solar panels & own borewell etc without plan approvals.

You have to take steps complying with the formalities to get the same released from the authorities, if there is no way then you may have to wait for the regularisation scheme that may be announced by the government in due course, especially when the elections are announced.

Without plan approval, you cannot construct the building risking demolition at a later stage if not regularised.

How can i alone get my plot released for construction ? There may be other unknown plot owners in the layout, who may have unreleased plot, but it is not possible to contact them or converge on developing the layout ourselves as the funding required is huge.

Alternately you can find another developer/builder who will organise it for your sake.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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