Rajakaluve: Determination of types of Rajakaluve

Rajakaluve is nothing but water resources and flow of water in to the lake,canal, pond or any accumulated water ground. This Rajakaluve and it's resources along with lake could be seen in the old Village Map. The identification of Rajakaluve in the village Map is very easy and it has been marked as "Saravu" for small nala and "Kaluve" for Midium or big nalas. However, now most of the "Saravu" (small nala) can't be seen in the Comprensive Development Plan or Outline Development Plan and also Rajakaluve Encroachment reports published in the BBMP Websites which supersede over the Village Map as confirmed by the High Courtin many cases. The kannada word "Nala" is nothing but "Canal or Rajakaluve" within the municipality area. As far as the Rajakaluve determination is concerned that there are three types of Rajakaluve viz., 1. Primary Rajakaluve 2. Secondary Rajakaluve and 3. Territory Rajakaluve. 

The survey began in 2011.As per norms, the width of a primary drain (rajakaluve) should be 22ft, secondary drain 16 ft and tertiary drain 6-9 ft. As per the Revised Master Plan 2015 issued by the BBMP,the buffer zone to be maintained for primary, secondary and tertiary drains are 50 metres, 25 m and 15 m respectively (published in Times of India on Aug 02.2016).

As per the National Green Tribunal OrderThus, we direct that the distance in the case of Respondents Nos. 9 and 10 from Rajkulewas,Waterbodies and wetlands shall be maintained as below:-

(i) In the case of Lakes, 75m from the periphery of water body to be maintained as green belt and buffer

zone for all the existing water bodies i.e. lakes/wetlands.

(ii) 50m from the edge of the primary Rajkulewas.

(iii)35m from the edges in the case of secondary Rajkulewas

(iv) 25m from the edges in the case of tertiary Rajkulewas

This buffer/green zone would be treated as no construction zone for all intent and purposes. This is absolutely essential for the purposes of sustainable development particularly keeping in mind the ecology and environment of the areas in question.

To contemplate encroachment of rajakaluve, people can visit http://www.rajakaluve.org and BBMP official websites and http://landrecords.karnataka.gov.in/service3/

By virtue of Order passed by the Hon'ble Supreme Court, NGT guidelines towards Rajakaluve and Lake bufferzone has been  quashed. 

For More Clarification Please do call: +91 9845638531.

APARTMENT FLAT OR VILLA CANCELLATION DEDUCTIONS AND PROCEDURES

                                                                  Image Source: Google Images

As per the general practice under the law, if any customer would like to cancel a flat that is liable to deduct 5 to 10% amount on total consideration value or booking amount as per the terms of the contract or agreement. Moreover, exemption of deduction amount towards cancellation flat charges is left to the builder discretionary power in the presence of contract.

However, in the absence of any clause in this regard, you need to verify the application form's terms and conditions which might have been printed in back side. Per contra, if the application's terms and conditions stating favorable to the builder and were totally arbitrary and constituted unfair trade practices and in the absence of agreement executed between the parties, no certainty in this transactions. In case if they didn't mention any clause in this deal that you can issue a legal notice to the builder by saying cancellation of flat and claim refund total amount. Later, the builder may deduct some amount as general practice. Later, you can accept the deduction amount under protest and claim the deducted amount before the Consumer Forum under deficiency in service and unfair trade practice as your legal right had not documented. As per the legal requirement, any money transaction towards service provide under real estate shall be follow minimum legal formalities example: Agreement, Receipts, undertaking letter, Flat booking details etc.,

Moreover, in the event of the builder has not issued receipt for payment made by the customer

that would attract cheating offence committed by the builder under Section 420 of IPC as paid amount was not documented. You can lodge police complaint with respect to the same for future correspondence. And you can highlight this point before the Consumer Forum under Unfair Trade Practice.

For more clarification contact legalravibt@gmail.com

How do I detect "A" Khatha and "B" Khatha by verifying Khatha Documents in Bangalore?

There is no concept of "B" Khatha in the eyes of law. However, some properties will be registered in Form "B" Property Extract Register, when a properties are not eligible to issue Khatha Extract and Certificate (A Khatha as you aware)from the BBMP/BDA by virtue of violation of bye laws and rules and regulations Example: Deviation of Approved Plan, No Conversion of Land etc.,

A Khatha include : Khatha Extract and Certificate ( For legal buildings and sites)

B Khatha include: Form “B” Property Extract(For Illegal buildings and sites)

BBMP LIMITS

Khatha Extract and Khatha Certificate would shows the status of the property is coming under the A Khatha with the below descriptions viz,. You can verify the documents by following methods viz.,

Khatha Certificate

First Heading: BBMP (Kannada Language)

Second Heading: Certificate/Pramanapathra (in Kannada) issued by BBMP AND it shows the Khatha holder name and property number with measurement

Certificate Picture For Your Perusal

Khatha Extract

First Heading: BBMP (Kannada Language)

Second: Revenue Department (Kannada Language)

Third: House and Vacant Site Register Book (Kannada)

Moreover, it shows owner name, property number, khatha number, measurement, Betterment Fee instructions and conditions etc., All the contents have been printed with Kannada words..

Katha Extract: Blurred Image just for your perusal.

'B' Extract Register would shows the status of the property is coming under the 'B' Khatha with below descriptions viz.,

First Heading: BBMP (English Language)

Second Heading: Form "B" Property Extract Register

Moreover, it shows owner name, property number, khatha number and measurement. All the contents have been printed in English language.

B- Khatha Extract - Image not clear (For Privacy Reason)

You can visit the local authority to verify as to whether issued certificate is A Khatha or B Extract if any doubt?

VILLAGE PANCHYATH LIMITS (ANEKAL,BMRDA,DEVANAHALLI LIMITS ETC)

Form No. 9 and Form No.11 will be issued for Genuine and Legally Valid properties

Form No. 11B could be seen in B Khatha( Irregular Properties) which will be issued for illegal properties.

Property owner name, measurement, Schedule, Documents/Title sources, conversion details, owners photo, property photo and property ID number could be seen in form no. 9 and 11 and 11B

For more clarification, send mail request legalravibt@gmail.com