• D.C Plot bandikodigehalli-(Bangalore.N)-Global Akash-II-Landson

I am looking to buy a plot in location Bandikodigehalli-Bagalur (Bangalore North).  The project name is Global Akash - II from the Developers Landson Infra.  Request your advice in the following matter:
The Developer has this less than 3 acres of land that was "D.C. Converted" long back and renewed again somewhere in this year or so.  Due to this, the Developers have informed me that: "this land cannot be approved by BIAPPA as it is a small piece of land and D.C.Converted quiet sometime back".  
Because this is not a BIAPPA approved layout, they have got a "PANCHAYAT APPROVAL".  I am not sure is this a "Layout Approval" or what....According to my knowledge, layout that are not approved by BIAPPA, BDA or BMRDA; such layout approval comes under the jurisdiction of DTCP to be approved and "PANCHAYAT OFFICE / OFFICER" has no Authorization for such Approval.  Kindly clarify this with points:

1. What is “Panchayat Approved” layout?

2. Surrounding layout is “BIAPPA” Approved but this land of 2 Acres is not “BIAPPA” Approved. What could be the reason?

3. As per my knowledge, only “DTCP” has authority to approve layout which are outside the jurisdiction of BDA, BIAPPA & BMRDA.  How is it possible that “Panchayat Office” approves this layout? Basically is such approval legal by “Panchayat Office / Officer”?

4. Is D.C. Conversion of land sufficient to form a layout & is it allowed to carry any residential construction on such land?  What other Approvals & NOC have to be taken & who gives them?

5. Who provides the D.C.Conversion Certificate?  How it looks like & how it can be verified?

6. What documents are required to know & as a proof to confirm that:
(a) It is not an Un-Authorized Layout?
(b) It is not an Illegal Layout?"

7. What legal hurdles both in present & future we may face if such a plot is bought?

8. What legal recourse is open for us as a buyer before & after purchase?

9. How to verify that “Betterment Charges” are already paid? If “Betterment charges” are not paid how can this be verified? Can we invest in such layout?"

Thank you
Asked 2 years ago in Property Law from Bangalore, Karnataka
Religion: Muslim
1) panchayats have been granted permission by the government to approve layouts/residential properties that are within one acre of land within the village boundaries. Lands that are outside the above purview are to be approved by the directorate of town or village planning.

2) builder must have managed to obtain approval from panchayat 

3)C stands for District Commissioner.
Conversion of land from agriculture to non-agriculture status is called land conversion.
Agriculture lands, also called as Revenue Lands, can be used only for agricultural activities. In case, a person wishes to use it for non-agricultural purposes like residential, commercial, industrial, etc. then legal permission must be obtained by paying a nominal fee to the District Commissioner. Hence, the process is often referred to as DC Conversion.
The process includes obtaining No Objection Certificate from the Town Planning Authority under Section 95 of the Karnataka Land Revenue Act. 1964

4) you can file RTI with DC to verify whether any such certificate has been issued for land in Bandikodigehalli-Bagalur (Bangalore North)

5) always purchase land after obtaining certificate from lawyer that title is clear and marketable 

6) you  also seek to obtain a bank loan for purchase of land . bank will do necessary due diligence 

7)you could try checking with BBMP as to whether betterment charges have been paid or not for the land 
Ajay Sethi
Advocate, Mumbai
45633 Answers
2681 Consultations

5.0 on 5.0

1. The land falling within Panchayath limits in a village and a residential layout formed there with the approval of the said panchayath is known as Panchayath approved layout. 
2. If surrounding layout is above the minimum required acreage then such layout would have got approval, not necessary if adjoining layout has got approval your layout must automatically get approval as well.
3. D.C converted site falling within Panchayath limits can be approved and layout can be formed, in fact in and around Bangalore you have many such layouts approved only by Panchayath only.
4. If the land itself is duly converted from agriculture to non-agriculture residential purposes it would be sufficient to construct a residential dwelling house, but before that it is important to obtain NOC's from K.I.A.D.B, K.H.B, Special LAO, to check to see if this land is proposed for acquisition for any public purposes or not.
5. Deputy Commissioner of the District where the land is situated is empowered to grant the conversion, it is in Kannada language and can be verified by a person who has knowledge in such matters or by an advocate,
6.Duly approved layout plan, D.C conversion order, Conversion fee paid challan, NOC' s from above stated statutory authorities can be a decisive factor,
7. Documents must be checked to confirm this,
8.Get all the documents duly and properly validated by a property consultant to avoid legal recourse in future and present,
9. For each query it is better to get all your queries answered from a legal expert, produce all the documents pertaining to this layout and get these validated and obtain a written legal opinion for better clarity and this can help avoid litigation in future.
Kiran N. Murthy
Advocate, Bangalore
999 Answers
89 Consultations

5.0 on 5.0

1.  Panchayat is not authorised to approve layout, DTCP approval is mandatory.

2.  If BIAPPA has not approved this particular property though they have sanctioned approval for other surrounding areas, then this property is under cloud and may not conform to the serrt out norms for this purpose.

3.   DTCP is the authority competent for sanctioning approval for the lands situated outside the jurisdiction of the other authorities namely bda, bmrda or biaapa etc. 

4.  DC conversion mns conversion of agricultural land to NA by the permission of District commissioner or DC as popularly known.  This will not be sufficient for forming a layout or layout approval. 

5.  See the above answer

6.  Scrutiny of relevant documents sanctioning lay out approval.

7.  The unauthorised buildings are likely to be demolished  at any stage if they have been constructed on fake documents or fraudulent approvals.

8.  Before buying obtain a legal opinion from an experienced lawyer.

9. Ask the builder or developer to produce the receipts for the charges paid including taxes.  Just paying betterment charges will not be an approval for the unapproved layouts.
T Kalaiselvan
Advocate, Vellore
35809 Answers
390 Consultations

5.0 on 5.0

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