• Allotting of CA Site for Club House Building in approved layout

HI,

We are from NSR Ventures. We are developing a Township towards Hoskote-Malur.

We are planning to utilize the CA Site which is part of MPA(Malur Town Planning Authority) approved plan for, constructing the Recreation Centre. Since we already executed the Release Deed of all common areas including CA site as per Town planning guidelines in favour of Government, now, we need to take the required permission from the Govt. to allot the CA Site to us and proceed with this construction.

We spoke to Town Planning Office. They mentioned that, we need to work with local civic body (in this case, local Panchayat office) to get it allocated for constructing the Club House.

Then, we approached Panchayat office. They Said, they will give 'General License ' to construct the club house which can be used for the residents of the layout. Also, by paying some nominal taxes every year we can renew the license.

 We need to spend significant money to build the club house. Hence, how do we protect our(developer / residents of the layout) interests?

 My queries are :
 1. How do we ensure, in future, from government shall NOT give this building for public(other than residents/owners of the layout) use?
 2. How do we ensure, this club house is used only for residents of the layout?
 3. How we do ensure, the license is continued for life time, as we cannot move the building once constructed from this CA site to other site, if government cancels the license?
 4. Do you see any issue, if panchayat gives this license? Or/and, any other additional approvals required from any other office?

Thanks in advance for your clarifications and advise.

Regards,
Raghava.
Asked 11 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
 a site earmarked by a statutory authority as CA site cannot be used for any other purpose except for civic amenities, in this case you plan to construct a CLUB HOUSE or RECREATION CENTRE for the benefit of the members of the layout, if the local panchayath office has agreed to provide sanction for the construction of the club house, it is best advised to take plan approval from MALUR PLANNING AUTHORITY as well as the roads and common amenities area in the said layout has been released to absolutely in favour of MPA. 
Mere granting of license and its renewal year after year will not give unhindered or absolute rights, the government can cancel the same at a later date only to cause hindrance to the members.
To avoid complications in the future, the plan that has been approved by MPA, one earmarked area for Club House/Recreation centre must be shown and this modified plan must be duly approved by MPA this will be valid and cannot be tampered with later on by the Government.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
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1) if pursuant to licence you have constructed club house and spent substantial sums of money govt cannot revoke licence arbitrarily 

2) in your agreement with members of layout and association formed of members it must be mentioned that club house is only for residents of the layout 

3) there should be specific clause that outsiders would not be permitted to use the club house facilities . 

4) it would have been better if Malur Town Planning Authority  had issued licence . take it from authority in writing that licence should be obtained from panchayat only . tomorrow authority should not take the plea that panchayat was not authorised to give licence 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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C A sites means civic amenities site or household waste recycling centre (HWRC) is a facility where the public can dispose of household waste and also often containing recycling points. Civic amenity sites are run by the local authority in a given area or are under the control of the local authority.
In your case it will come under the control of the local civic body. i.e. the Village Panchayat office. 
Though the MTP authority may approve plans for your designs, the approving  authority  shall be village panchayat.  
If you agree to allot the common areas and CA sites as per the rules of town planing authority and are likely to invest a heavy amount, an agreement with the authorities may also be made that the licence shall not be cancelled at a later stage for any other reason other than for flouting the rules or in contradiction to existing law in this regard.



1. How do we ensure, in future, from government shall NOT give this building for public(other than residents/owners of the layout) use?
After having invested in the construction of the said structures by obtaining licence from government in this regard, it may not be feasible for the authorities to revoke the licence without any valid reason and at that stage it may not be maintainable if challenged properly.



 2. How do we ensure, this club house is used only for residents of the layout?
A written rules or bye-law may be made to ensure that the club house shall be for exclusive use of the members alone  and non-members are restricted from using the facility.




 3. How we do ensure, the license is continued for life time, as we cannot move the building once constructed from this CA site to other site, if government cancels the license?
There can be no blanket permission for life time licence, one should be vigilant to renew the same regularly without any default or lapse this can ensure the maintainability in cse of any dispute in this regard in future. 



 4. Do you see any issue, if panchayat gives this license? Or/and, any other additional approvals required from any other office?
The town planning authority may be consulted in this regard. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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1. The first and foremost advice is to involve your lawyer at every step of the process. Get every document vetted by him. This will obviate, to a great extent, the risk of a prospective injury to your contractual rights.

2. The doors of courts are open for you if the government cancels the license in an illegal and arbitrary manner. Any unauthorized use of the club house and the buildings can be remedied by filing a lawsuit for injunction and eviction. The terms of license rank sacrosanct for the licensor and licensee.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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