BANGALORE'S PROPERTY PROMOTER'S Never Ending Woes

2015-08-28 4

Promoters by their shrewd planning contribute sky scrapers with attractive elevations to the city's face lift. Hence they are playing the leading role of building a 'Global city'. But the sad news is that the Government machineries are not equipped to develop the city to take it to the status of a 'Global City'. The Government boasts of provid­ing quality infrastructure every time to a city. However the quality of the infrastructure from the Government is such that a good road becomes a bad road within a couple of months. In spite of such a situation promoters continue to play their role even as the problems which they face is never ending. The promoters in Bangalore too are no exception. Like promoters in other parts of the country the apartment promoters in Bangalore too continue to face many difficul­ties.

It is very difficult for a promoter to acquire land with proper title. Most of the titles pertaining to land, on which apartments are built, are not 100% perfect. Purchasing land falling under the CMC and on the developing outskirts is risky as it may lead to prolonged litigation or some authority may find that the land is suitable for acquisi­tion for the purpose of laying roads, bridges etc. Once the final notification is announced, it is next to impossi­ble for the owner to get the same returns, if the project fails on account of defective title. This apart, in a number of cases Government department personnel themselves present fake records as authentic.

Then there are a maze of laws, rules and regulations, which the pro­moter has to comply with for the construction of an apartment. Most of these laws are so complicated that different courts interpret them differently. As a result there are several contradictory judgments on the same point of law. The promoter tries to comply with one law after the other but the chain is long enough to exasperate anyone trying to get to the end of it. Government officials take advan­tage of the law, which is in their favour, in taking decisions but often ignore the other provisions of the law.

Construction on certain categories of land requires NOC of the Bangalore Development Authority. Getting BDA permission is not an easy task. There is no law that can force the BDA to give its decision within a time frame. You will have to wait for how long nobody can tell you. Here's where money speaks. Open your purse and take out currency notes, you will then see a miracle. Illegal becomes legal. In expecta­tion of this loosening of purse strings the BDA will not reject your application straight away even if it is not in order. Rather, it will make you wait till you open your purse.

The Government for developmental purposes may have notified for acquisition certain types of land that were used for agriculture and other purposes. Even after a lapse of 25 years, Government may not have taken possession of the lands as these are in various stages of litigation. The owners of such lands are very happy to see