PUBLIC NOTICE BEFORE PURCHASE OF PROPERTY

(Advocates, Property advocates in Bangalore, Property lawyers in Bangalore)

It is not uncommon that we do come across publication of notices in newspapers concerning the property transactions.The reason for such publication is to make known to all the concerned people that a particular property is under process of purchase by the Advertiser and to give an opportunity to the affected party to raise objections, if any, against such purchase.

For peaceful possession and enjoyment of the property the Purchaser has to exercise proper care and diligence to ensure that property purchased by him is free from encumbrances, charge and litigation.Any laxity on the part of Purchaser to conclusively find out as to whether the Vendor has good and marketable title and the property is free from encumbrance would land the Purchaser not only in uncalled for litigation's but also to financial strain.

Public Notice:

At the outset, it may stated that issuance of Public Notice in respect of purchase of an immovable property is not a statutory requirement. There is no hard and fast rule as to the procedure an intending Purchaser has to adopt to find out whether the Vendor has a valid and marketable title and the property is free from encumbrance.The charge or encumbrance created under an unregistered document on the property cannot be discovered from the documents obtainable from the Registering or Municipal Authorities. Charge created by deposit of Title Deeds, Pending Court Cases or Transfer of Property under a will would fall into this category.

 To protect the interests of the Purchaser upon purchase of the property and to avoid litigation's, normally Public Notices are taken out in leading and widely circulated newspapers notifying the intention of the Purchaser to purchase the property in question so that the persons, who have an vested interest in the property could put forth their objections for such sale supported by documentary proof. Such notices are generally published immediately after entering into a Sale Agreement with the Vendor in two dailies one in English language daily and other in vernacular language daily, which have wide circulation in the area where the property is situated. The notice acts as an intimation or information or a caution to all the concerned to facilitate them to take such steps as are necessary to protect their interest.

A notice shall contain the intention of the Purchaser, description of the property with boundaries and the fact of execution of the Sale Agreement, if any. The notice invites the public having interest in the property to file objections along with documentary proof within a stipulated time. The notice shall also indicate that in case no objections are received within the stipulated time, the sale process will be preceded with treating the property as unencumbered with a clear rider clause that objections received after the stipulated time will not be acted upon. The notice must spell out in clear terms the intention of the party with no ambiguity whatsoever.

It is to be noted that the issuance of Public Notice can at best be termed as a precautionary step since, it has no binding force on any one having interest in the property to act in a particular manner. The interested party may not act swiftly in terms of the notice and enforce his right over the property at an opportune time. Further, there is very likelihood that the Public Notice may go unnoticed by the affected party.However, the Public Notice would serve as intimation to the Public that the Purchaser has a bonafide interest in the property and the interested parties can file objections, if any, for the said sale transaction.The Purchaser in his own interest has to get the objections scrutinised by an experienced Advocate having knowledge in property matters so that he can avoid the likely litigation and embarrassment at a later date after the purchase.

Section 55(1) of the Transfer of Property Act,1882 makes it mandatory that the Seller is bound to disclose to the Buyer any material defect in the property or in the Seller’s title thereto, which the Seller is and the purchase in not aware and the Buyer could not with ordinary care discover such defect.But, the Seller for obvious reasons may not truly disclose all the defects in the property or in his title. Therefore, it is advisable that the Purchaser of the property should verify and make search of all the relevant documents and exhaust all the avenues available to him to find out that the property under consideration is free from encumbrance and the Vendor has a good and marketable title.

Deemed Notice:

The Transfer of Property Act, 1882 puts some onus on the Purchaser and in certain cases the Purchaser is deemed to have notice of encumbrances. Section 3 of Transfer of Property Act defines “Notice”. A person is said to have notice of a fact, when he actually knows the fact, or when, but for willful abstention from an inquiry or search which he ought to have made, or gross negligence, he would have known it. According to Explanation I to sec.3, where any transaction relating to immovable property is required by Law to be registered and accordingly registered, any person acquiring such property or any part of or share or interest in the property shall be deemed to have notice of such instrument from the date of registration.

The Explanation II to sec.3 stated that any person acquiring any immovable property or any share or interest in any such property shall be deemed to have notice of the title, if any, of any person who is for the time being in actual possession thereof. Further, Explanation III to sec.3 states that a person shall be deemed to have had notice of any fact if his Agent acquires notice thereof whilst acting on his behalf in the course of business to which that fact is material.Thus, notice could be classified into (1) Actual notice when a person has the knowledge of actual fact, (2) Constructive notice, where the information is available on proper enquiry and search, and (3) Notice to the Agent of the Purchaser, where the information is given to or received by the Agent in the course of his ordinary duties, whether he communicates it to his principal or not. Notice to the active partner of a firm has the effect of notice of the firm.

Purchaser’s Obligation:

It is obligatory on the part of the Purchaser to make sure that the Vendor has a clear marketable title of the property and the property is free from encumbrance. Most of the encumbrances may be discovered by verification of records at Jurisdictional Sub-Registrar’s Office and on verification of the documents. It is an obligatory on the part of the Purchaser to verify the title of the property as recorded in Registrars of Jurisdictional Sub-Registrar’s Office. Registration of a document operates as notice and the actual possession of the property by a person other than the Seller also operates as notice. Therefore, it would be safer that the Purchaser shall visit the property to ascertain whether the property is in possession of the Seller. In case the property is in possession of a person other than the Vendor, it should get confirmed whether the Occupant will vacate the property before registration and the Vendor has every right to get the property vacated from its Occupants since the Specific Relief Act 1963 recognizes the possession as a notice and there are instances where properties are leased, but Lease Deeds are not registered.

Though not a legal requirement, Public Notice regarding purchase of immovable property would immensely benefit the Purchaser since the Purchaser shall come to know as to whether there is any claimant over the property under consideration and if any objections to the transactions are received, the Purchaser may request the Vendor to sort out the issue before completing the sale transaction or in the alternative he may cancel the deal.

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SAFEGUARDING YOUR PROPERTY RIGHTS

(Advocates, Property advocates in Bangalore, Property lawyers in Bangalore)

Before entering into an agreement for purchase,verification of title is very important.It is not merely tracing the title but also examination of the genuineness of the records, identification of the property,notification in newspapers and physical possession of the title of the property.Clear and marketable title free from doubts and encumbrances with a right of physical possession of the vendor are necessary ingredients for peaceful possession and enjoyment of the property by the purchaser.

The first and foremost step in purchase of property is the scrutiny of title deeds before entering into an agreement with the seller/vendor. The ownership can be traced from the title deeds and the revenue records. The following are the methods of scrutiny:

Origin of the Property:

The origin of the property is very important to trace the title of the property. It is otherwise called “Root of Title”. To trace the title of the property, examination of the origin of the property up to a maximum period of 43 years may be required in most of the cases. If a person is enjoying the property for more than 30 years,he will get title by adverse possession against the government as per the Limitation Act.As per Section 90 of the Indian Evidence Act 1872 any document executed 30 years before is presumed to be valid.  Will, Partition, Family Settlement are not considered as concrete origin.Some of the old revenue records like Index of Land, Record of Rights, Phani, Survey documents are considered as better origin.

Subsequent Transfers:

After ascertaining the origin of the property,it should be followed by methodical examination of later events and further transactions in an uninterrupted and sequential manner, involving the previous owners and the present owner of the property. Here, the purchaser's advocate has to very carefully look into all aspects from various legal angles as to how the property was transferred from the previous owners to the present owner. Such a transfer may be by possession, inheritance, settlement, will, sale, mortgage, release, gift etc., involving such intermediate parties. To get a clear picture of rightful ownership, title and interest, the advocate has to carefully examine the title deeds and other supporting documents like revenue and other records. It is also necessary to verify the identity of the names of parties and their family connections and examination of the proceeding involving the parties before any Court of Law and other legal forums and authorities including revenue authorities, if any.While scrutinizing the documents, Advocates have to apply their mind and logically link the relevancy of one document with the other.

Present  Status :

“Present Status” is an important factor to establish ownership over a property. The advocate has to find out who the present owner is and what are the title deeds and supporting documents the vendor has in his possession, whether it is an ancestral property or self acquired property, who are his legal heirs etc. If the legal heirs of the vendor are major, the vendor must ensure their presence while executing the Deed of Conveyance. If they are minors, the vendor has to get the permission from the court before executing the Deed of Conveyance. In some cases the vendor may conceal the fact of existence of legal heirs. Therefore, the advocate must insist upon the vendor to produce either the succession certificate or the family genealogical tree issued by the revenue authority. Similarly, it is necessary to verify and confirm that no acquisition or requisition or any other court proceedings are pending before any authority. It is also necessary to find out whether there exists any bank loan, charges, and encumbrances over the property. 

Statutory Clearance:

For completing the sale transaction, various statutory clearances are to be obtained from the concerned authorities such as Income-tax, RBI, revenue authorities, etc. In case of purchase of agricultural land, there are various other clearances to be obtained before executing the Deed of Conveyance.

The advocate must find out in whose name the Khatha stands, whether the Khathedar possesses up-to-date tax paid receipt in his name and up-to-date Encumbrance Certificate to establish his right, title and interest over the property. The advocate has to check the Encumbrance Certificate covering the relevant period, generally for a minimum period of 13 years to 43 years on case to case basis. An examination of Encumbrance Certificate would go to show as to whether any kind of charge has been created on the property and whether such an encumbrance is still subsisting or not. Municipal and other revenue authorities also maintain records as to in whose possession the property exists, what is the amount of tax payable on the property and up to what period tax has been paid. All this can be ascertained from these records.

Genuineness of  documents :

After thoroughly scrutinizing the documents, the purchaser or his advocate has to crosscheck all documents with the concerned revenue or other departments to ensure that the documents are genuine and are originated from the concerned departments and that they are not fake. In the case of buildings, it must be ensured that the vendor has constructed the building as per sanction plan and according to the statutory guidelines.

Identity  of  the  property :

The identity of the property must be checked on the spot. Measurements mentioned in the documents must tally with actual physical measurement of the land available on the property. It must also be ensured that there is no encroachment on the property. In case of encroachment, the measurement of the available land must be recorded and this must be mentioned in the Deed of Conveyance. The boundaries in the schedule surrounding the property must be checked physically. Also, the purchaser may make enquiries tactfully with the adjacent property owners about the ownership of the property he is proposing to buy.

Paper  Notification :

Though paper notification is optional, it is always advisable to notify in a leading local newspaper about the buyer's intention to purchase the property. This is done to safeguard the interest of the purchaser. Even after examining the various documents, the Advocate may not be able to find out whether the property is truly free from any claim or not. A paper notification will beget response from genuine claimants, if any. Therefore, paper notification will be of some help to the purchaser to make sure as to the genuineness of the ownership of the vendor.

Physical  Possession :

In the case of a vacant site, the purchaser may, with the permission of the vendor fence the property with barbed wire or he may construct a compound wall and put up a signboard, if necessary, to display his  ownership over  the property.

Even after entering into an “Agreement to Sell”, the purchaser can continue to make enquiries about the title. A doubtful title cannot be forced upon the purchaser. Purchaser is not bound to complete the sale transaction, if there are defects in the property, material or latent, which are not discernible in the ordinary course. A mere suspicion of fraud will not make the title doubtful and the purchaser cannot reject the title. It would be of great help if a prospective purchaser utilizes the services of an experienced advocate for a thorough scrutiny of the documents as to the vesting of the marketable title with the vendor and genuineness of the documents who on examination of documents will be in a position to explain to his client about the risk involved in the transaction and guide him suitably so as to save the purchaser from litigations.

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LAW OF LIMITATION

(Advocates, Property advocates in Bangalore, Property lawyers in Bangalore)

Every person has a right to approach courts to seek justice.There are various laws enacted by the central and State governments regulating the rights of citizens and procedure of juridical proceedings.Law of limitation is a restrictive law, where the rights of the persons to approach courts are regulated, with the time factor being important.A person has to approach the court within certain prescribed period if not his right to seek Justice through courts is lost. Law of limitation is both adjective and substantive law.Though superficially law of limitation seems to curtail the rights of the citizen, it is actually proactive, forcing to approach the court within the limitation period.If not people would have waited, might have dug out the graves, to open age old litigations and courts would have flooded with cases.One may imagine the situation in the country in the absence of limitation law, as even now there is backlog of cases in all the courts.

Contents:

The law of limitation which was enacted in 1908, had certain inherent defects and shortcomings, which were exposed by various judicial verdicts.The act was revised simplified, came into force from Ist January 1964.The act contains 32 sections and 137 articles; whereas the act of 1908 had 30 sections and 183 articles.The sections deal with the general principles applicable to the extension of time, whether by reason of disability, acknowledgement and part payment. The sections are divided into five parts; part 1 is preliminary,part IInd deals with limitation of suits, appeals and applications, part IIIrd deals with computation of period of limitation, part IVth deals with acquisition of ownership by possessions and part Vth deals with saving provisions. Out of 183 articles, articles from 1 to 149 deal with suits, articles 150-157 deal with appeals, articles 158 to 183 relate to applications.The revised Act has some salient changes; the most important being the maximum period of limitation is 30 years, which is available to three kinds of suits.

1.Suits by mortgagors for the redemption of recovery of possession of immovable property.

2.Suits by mortgagee for foreclosure.

3.Suits by or on behalf of Central government or State government including state of Jammu and Kashmir.

The old Limitation Act has prescribed 60 years as limitation period to suits to redeem or recovery possession of immovable property mortgaged.

The second longest period of limitation is 12 years, prescribed for various kinds of suits relating to immovable property trusts and endowments. The limitation period for contracts, accounts, and declaratory suits, suits relating to decrees, instruments and suits relating to movable property is three years. The limitation period varying from one to three years is prescribed for suits relating to torts and miscellaneous suits and also in respect of suits for which no specific period of limitation is provided in the schedule to the Act.A minimum limitation period of 10 days is prescribed for applications for leave to appear and contest a suit under summary procedure from the date of summons.

Important Sections:

We shall discuss some important sections. Importantly, the Limitation Act considers all the instruments be made with reference to Gregorian calendar, where the years are computed from the date of the birth of Christ which is widely used. The present year is 2004 according to Gregorian calendar.

Another Important provision is legal disability.The person who is   entitled to file a suit may be suffering from legal disability at the time from which the limitation period starts, such as minority,insanity etc.In case of such persons, the limitation period starts after the legal disability is cured. In case of the legal disability continues until the death, his legal heirs may institute the suit, within the same limitation period after the death.In case the person under legal disability dies after the disability is cured but within the limitation period allowed, his legal representative may institute the suit within the same period, after the death as otherwise would have been available to the person had he not died. To be clearer we shall study an illustration.Mr. A has lent some amount to B on the security of demand pro-note.The limitation period is three from the date of pro-note. But Mr. A was suffering some legal disability during the period of three years and recovers in the fourth year. The limitation period of three years starts from the fourth year. But A will nor institute any suit and dies at the end of fifth year. Mr. A had a balance period of limitation of one year.So his legal representative may institute a suit within one year after the death of A.

Expiry of prescribed period when courts closed:

The limitation period may expire on a day, when the court is closed. In such cases the suit may be filed on the date when court re-opens. Thus the Court holidays are excluded while computing the limitation period.

Extension of period in certain cases

If a person could satisfy the court, that he had sufficient reasons for not preferring an appeal during the limitation period, the court may admit the appeal, even after the expiry of limitation period.Any suit, appeal application made after the prescribed period is liable to be dismissed except where specific provisions are made. The dates of instituting suits, preferring appeals or making applications will be considered as follows.

1.A suit is said to be instituted when the plaint is presented to the proper officer.

2.In case of a pauper when his application for leave to sue as pauper is made. 

3.In case of a claim against a company, which is being wound up by the court, when the claimant sends his claim to the official liquidator?

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ISSUING OF PROPERTY REGISTER CARD

(Advocates, Property advocates in Bangalore, Property lawyers in Bangalore)

Bangalore city has grown by leaps and bounds in the last two three decades especially after the IT boom of the eighties.The real estate sector has also kept pace with the growth of the city and the number of properties have also grown in lakhs.The city area has increased to more than 800sqkms from mere 130sqkms three decades ago. Thus there are nearly 18-19 lakhs properties at present in the city limits, out of which BBMP is getting tax from 15-16lakhs properties. With the rise in property prices many illegal layouts have sprung up and the frauds in the property dealings have also increased. In many cases a single property is sold to many innocent buyers who are knocking at the doors of courts. Similarly, many financial institutions and Banks have been duped by the fraudsters by availing loans from several banks on a single property with forged documents.

To deal with the above problems and to make property transactions transparent the Survey and Settlement and Land records Department of BBMP has launched a novel project,(UPOR) Urban Property Ownership Project under which the Property Register Cards (PRC) will be issued to the eligible property owners in the Bangalore City.As per Mr.V.Ponnuraj,Commissioner, of the said department, in the First Phase the department will implement this project in 50wards out  of the 198wards in the city and all wards will be covered in 2-3 years time.He also said the project will be implemented through private agencies which will be paid by the department and not through (PPP) Private Public Partnership model. The onetime cost per property card will be around R.300–400, which will be collected from the property owners at the time of issue of  PRC’s.

Property Record Card:

The department will maintain in one property register all the details of the individual properties in a database of the newly developed software for this purpose. It will contain details of the individual properties such as ownership, any liabilities on the property, survey details on a map such as shape, area, dimensions etc, and also map of the locality. This will be made compulsory for all properties in the city. This will give an identity to the property and can be used in property transactions, for availing bank loans, to pay property taxes etc.   

How Project will be implemented?

Before doing survey every property owner will be issued a notice and afterwards the officials will demarcate the boundaries of the property.The officials will take some photographs of the property and will also collect details of mode of acquisition as to whether ancestral property, allotment by BDA, allotment from housing societies,Tax paid details,liabilities on the property etc., and these details will be stored in the database after cross checking with the records of the relevant government departments. For this purpose software is created and this will bring down the implementation period to 2-3years from 5 -10 years if done manually.

Every property will have a file containing hard and soft copies of the details. Once the draft PRC is ready the same will be issued to the property owners. The same will also be published in department website, in city survey offices and published in leading Newspapers calling for any objections from general public / property owners within a period of 30days.The officials  are vested with quasi judicial powers who will look into the objections  and in case of minor objections the same  will be resolved by them. If there are any major objections, court litigations, the same will be recorded in the property file. After completing these formalities the final PR card will be generated and issued to the property owners.At the time of issue of PR card owners photograph and hand biometrics (all ten fingers) will be taken. The prescribed charges will be collected at the time of issue of final PR cards.

Benefits to the citizens 

The PR card will be the identity of the property.This can be used by the property owners in all property related transactions, can easily avail bank loans as the burden on the property will be reflected in the card, can use it for paying property tax.The card will be handy at the time of applying for modifications, building plans approval and other dealings with the Bruhat Bangalore Mahanagara Palike.The khata is only an account with the BBMP for collection of taxes and is not a property title, as everyone believes.

Similarly, the Sale Deed is one of the documents of property which authenticates the Sale Transaction and will not confirm ownership, since the Sub- Registrar’s office will not verify genuineness of the property ownership at the time of registration.Since,the PR card includes all the details of the property such as mode of acquisition, measurements, photos, survey report, locality map, any loans on property, etc., the PR card will confirm the ownership of the property.The sale transactions takes place faster since obtaining legal opinion work will be minimized and frauds will also be avoided.The buyers will also get benefited since PR cards will contain more details of the irregularities in the property such as illegal layouts, encroached properties, litigation properties etc.

Benefits to the civic authorities                

The civic authorities will have detailed database of all the properties under its limits and can easily monitor civic and tax collection issues.The illegal layouts, encroached properties, building plan violations etc., can be easily monitored and appropriate actions can be taken against the violators as per law.Once all the properties are added to the database of the software tax evasion can be curbed thereby increasing the revenue of the concerned authorities.The authorities can provide better amenities to the residents and improve infrastructure, with increase in revenue collections. 

Conclusion

The aim of the project is quite laudable and very useful if effectively implemented as planned.The authorities must take foolproof measures to plug any loopholes at the time of implementation of the project.Further,the project has to be implemented within the time frame fixed.

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CIVIC AMENITIES

(Advocates, Property advocates in Bangalore, Property lawyers in Bangalore)

Civic amenities are those facilities required in localities like schools and colleges, market, post office, police station, parks and play grounds, dispensary, hospital, area offices of the Water Supply and Sewerage Board, Electricity Authority, Telephone Department, bus terminal, religious buildings, community hall, club, etc. 

Civic amenity sites are reserved in the extensions formed by the Development Authority or enforced by the Authority in approved private layouts.Civic amenities are provided by the civic authorities, Government departments, registered charitable trusts etc.

In the new layouts the Development Authority reserves civic amenity sites (C.A. sites) for various facilities. After formation of roads, utilities services in an extension layout, civic amenity sites not required by the Authority are notified for allotment to Government departments, agencies, and registered trusts and institutions.

Earlier when the demand was less, as and when applications were received, C.A. sites were allotted by the Authority.Later, when the demand for C.A. sites increased there was competition.Rules were here- fore framed and approved by Government called"The Bangalore Development Authority (Allotment of Civic Amenity Sites) Rules, 1989. 

Civic amenity Sites required in area depends on the activities in that area. For residential areas, C.A. sites required are; nursery schools, primary schools, secondary schools, hostels, market, parks and play grounds, post office, police station, bank, Office of the Water Supply and Sewerage Board K.P.T.C.L. and Telephone Department offices, club, library, dispensary and maternity home, petrol bunk, offices of professionals, etc. The civic amenities are included as permissible uses in the Zoning Regulations of C.D.P. and Building Byelaws under the various land use zones.

The civic amenities required for a commercial zone are banks, transport offices, trading establishments, restaurants, post office, police station, and petrol bunk.In an industrial zone civic amenities required in addition to those in commercial zone are industrial training institute, job training institute, E.S.I. dispensary, automobile service station, play grounds, parks, recreational club, etc.

 

For public use zone civic amenities required are post office, police station, restaurants, Auditorium, training center, play grounds, and clubs.In Major Park and playground zone, the amenities required are restaurant, club, library, fruits and beverages shops,Hopcoms, books and magazines shops, and dispensary.

 

Standards for civic amenities:

The Urban Development Ministry in their Guide lines have indicated the following standards for civic amenities: The standards for polytechnic, college, and hospital are high and may have to be reduced. While planning the layout these standards are to be followed by B.D.A., housing societies, and agencies.

The Zoning Regulations of the C.D.P. of Bangalore prescribes 10% of the layout area for civic amenities and 15% for parks and playgrounds. These percentages are maintained in B.D.A. layouts, housing society layouts, layouts of Government quarters, and group housing projects. The civic amenity areas are taken over by B.D.A. by getting relinquishment deeds executed from the developers.The civic amenities in B.D.A. layouts and private layouts are allotted by B.D.A. according to the procedure laid down in the Bangalore Development Authority (Allotment of Civic Amenity Sites) Rules, 1989 for the purpose for which they are reserved. 

Sometimes if a particular C.A. site is already available in the adjoining locality the purpose may be changed by the Authority after passing a resolution in the Board meeting. Allotment of civic amenity sites:

a)By B.D.A.:

Civic amenity sites are reserved; allotted by B.D.A. to the Central and State Government departments or agencies established by these Governments. After making allotments to Government agencies, the remaining sites are notified in the news papers for allotment.The purpose for which institutions, societies, or associations registered under the Karnataka Co-operative Societies Act, Karnataka Societies Registration Act or registered trusts created wholly for charitable, educational, or religious purposes.C.A. sites are allotted on lease basis for a period not less than thirty years.

The institutions seeking allotments have to register themselves by paying Registration Fee, which will be valid for subsequent allotments also unless the registration is withdrawn. Concession is given in the lease amount to an extent of 50% to the institutions established for the welfare of physically and mentally handicapped, to the educational institutions teaching only Kannada medium and Government agencies. 

Lease agreements are executed and registered after which possession of the site will be handed over to the institution. The institution should put up the civic amenity building within three years. In deserving cases extension of time will be granted. If the construction is not made within the permitted period, the allotment will be cancelled and the amount paid will be refunded after deducting 12 V2 %. 

After expiry of the lease period, the C.A. site along with the buildings put up by non-governmental institutions will vest with the Authority.While the above are the procedures for allotment of C.A. sites, what happens actually is mentioned hereunder.:

There is no instance of B.D.A. resuming the site after the lease period. In one case of C.A. site in Wilson Garden B.D.A. was forced to extend the lease. When the institution is established in the C.A. site it is difficult to terminate the lease practically. 

In one case of C.A. site In West of Chord Road the site allotted for the purpose of Eye Hospital has been misused. Around this considerably big C.A. site commercial complex are built with large amount of income to the lessee. Even the remaining open area is being given for marriage functions. Hardly there is any Eye Hospital activity. Even such C.A. sites are not resumed by B.D.A.

Misuse of C.A. sites is found in considerable number of cases. It is suggested that the Authority should insist on a quarterly by certificate the Executive Engineer concerned; that the C.A. site is not being misused .In case of misuse the C.A. site may be resumed. Only then it may be possible to achieve the purpose for which the C.A. sites are reserved and allotted.

C.A. sites in B.M.P. area:

While handing over layouts developed by B.D.A. / housing societies / institutions /private developers, no C.A. sites will be left unallotted by B.D.A. except the parks and play grounds. Even after the layouts are transferred to B.M.P., lease amounts of C.A. sites will have to be paid to B.D.A. Further misuse of C.A. sites will take place after transfer of layouts. In most of the cases misuse is for commercial purpose facing the road, with C.A. activity being conducted in the rear portion.

The C.A. sites/corporation lands are allotted by B.M.P. for institutional purposes.These sites are either parts of dried tank beds or Government lands transferred to B.M.P. earlier. In one case B.M.P. allotted portion of big storm water drain facing Lalbagh Road to a private person to build a commercial complex by erecting R.C.C. columns in the drain. Such allotments are irregular and un- desirable. In the dried Miller Tank Bed area lands are allotted by B.M.P. to institutions Some of the allotters have misused the sites for commercial purposes An automobile show room with service station and several restaurants are existing in that site allotted by B.M.P. to an institution. Such misuse of public lands should be condemned and lands/ C.A. sites resumed.

K.H.B.:

K.H.B allots C.A. sites in their schemes to institutions.The lease is for 10 years. Two year's time is given for construction of buildings failing which the C.A site will be resumed.

Own lands;

Considerable number of civic amenities comes up in the lands owned by institutions or persons in the built up area of the city and in extensions of the City. The civic amenities, which come up in such, owned sites are kalyana mantaps, schools, dispensaries, banks, professional’s offices, etc.

Rented lands:

Civic amenities also come up in buildings rented for the purpose. Such cases are also considerable.The civic amenities that come up in rented lands / buildings are schools, banks, post offices, police stations, etc. In this case the problem is change of address when the owner of the property wants the same for self-occupation.

Gifted lands:

Philanthropic minded persons gift land /building to registered trusts /associations /their own family trusts for construction of schools, dispensary, hospital, religious buildings, and kalyana mantap.

When CIVIC amenities are required:

When an extension /colony come up and sites are allotted, buildings come up one by one in that area. The trends of construction of buildings depend on the availability of services like water supply, underground drainage, and electricity. The first requirement in the new extension is shops for day-to-day needs. Then comes the requirement for nursery school / primary school. When the area is substantially built up, post office, bank, police station, secondary school, playground, etc. are necessary. Formation of park is in the last stage when the area is transferred to the municipal authorities. For other CIVIC amenities the residents depend on the ad-joining established localities. Additional civic amenities come up in private buildings according to the requirement of the area.

Misuse of C.A. sites:

Residents protest to B.D.A. / B.M.P. when the civic amenity sites allotted are misused.Resident’s welfare associations are formed to get the grievances settled by these authorities. Forming such associations is good to get the facilities and improvements from the civic authorities for proper living conditions.If the grievances are not considered by the authorities, the resident’s welfare associations file writ petitions in the courts to get relief. Such associations with sincere members are required in all localities.

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