• Site without layout plan approved by BDA

What are the issues of buying a plot without BDA layout plan approved? It’s a 1 acre land with in BBMP limits where Site marking, Road, Drainage etc are developed by the builder but not obtained plan approved by BDA. Is it safe to buy?
Asked 3 years ago in Property Law
Religion: Hindu

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17 Answers

I don't think that a plan not approved by the BDA, in the jurisdiction of BDA would be a good investment. If the builder is duping the authorities he may as well take you for a ride.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

if theBDA has not approved, then the layout is irregular and you may not get a valid "A" Khatha. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The plan is necessary irrespective how small the plotting is. Double check with the authorities.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Yes being the said property includes some illegalities it will lead to be registered as b khata property

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Yes you can purchase it.

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Do not purchase plot if builder has not obtained approval from BDA 

the builder will saddle the purchaser with penalties imposed by the authorities 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

Only purchase plot where layout plan is approved 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

1. If the property is located within the limits of BBMP, then layout plan could have been obtained from the Town Planning Department/BBMP.

2.  Whether NOCs from statutory authorities obtained?.

3.   It's advisable to get the property papers checked by a Lawyer, before proceeding further.

Shashidhar S. Sastry
Advocate, Bangalore
5111 Answers
314 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to confirm the claim of developer from the BDA as to whether the such approval is needed or not. It is sure that the BBMP will impose penalty and development/betterment charges as and when it comes to its notice. So, if you are planning to purchase the land, keep the these things in mind.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Kindly check in the BBMP office whether there is any reservation or not and B khata rules will be applicable to this layout land. If yes than only process to purchase otherwise not. 

Ganesh Kadam
Advocate, Pune
12928 Answers
255 Consultations

4.9 on 5.0

No dont go for it, u need approval

Roshan Khatri
Advocate, LUCKNOW
138 Answers

Not rated

Confirm this matter from the office of BDA

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

I would not suggest you to go ahead with purchase of property where layout plan is not approved by BBMP.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Builder is faking. Only after layout plan approval, purchase is advisable.

It is not A khata and certain penalty will impose.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

- As per law, the permission and approval of BDA is mandatory to develop any land in the Bangalore Metropolitan Region.

- Further , Bruhat Bengaluru Municipal Palike (BBMP) is only an administrative group that maintains and manages civic amenities and infrastructural assets of the Greater Bangalore metropolitan area , and is responsible for the property tax collection, with a right to collect taxes from illegally constructed buildings in Bengaluru.

- Hence, it is suggestion to buy a BDA approved property. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

A press report few yeares ago states as follows:

BDA razes illegal buildings

BANGALORE: The development of a layout was allowed years ago and construction of buildings allowed there without BDA sanction. If that is incredible, what happened on Monday is even more so. BDA launched a sudden demolition drive, describing the layout and structures on Hosakerehalli 80 Feet Road as illegal and leaving many helpless owners in deep despair.

Property owners, who were farmers earlier and had parted with their land for layout formation, lost their properties on Monday all because the developer allegedly kept the BDA in the dark. How the layout was formed is a mystery.

BDA identified 51 unauthorized constructions in the Vishwabharati Housing Co-operative Society and started demolition at 6am. Among them, nine property owners had obtained a court stay order.

BDA has demolished buildings in the past due to unauthorized layout formation without provisions for civic amenities

It is better to stay away from unapproved layouts.

 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

The builder will give thousands of tall promises in order to promote the sales.

The builder will not be traceable when the authorities take action to raze or demolish the constructions as per law.

It is illegal to buy the plots from an unapproved layout 

You will not get A khata nor any basic amenities like water or electric supply etc.

 

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:


  1. 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.

  2. 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.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

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