Partial Demolition of Sobha Garnet for Land Encroachment

Published on Mar 4th , 2014
For what may be the first time in Bangalore's real estate history, around 87 flat owners of Sobha Garnet have decided to file a cheating case against the developers, Sobha, 14 years after taking possession of their apartments. The decision came after the Bangalore Urban district administration on Tuesday carried out a partial demolition of the apartment allegedly constructed on the Iblur lakebed.

Sobha Garnet, a ground + seven floors apartment complex, has been under existence since the year 2001-02, 9 kms away from MG Road. Flat owners' association president Ashok Ramaswamy alleged that they had been kept in the dark about a legal battle between the developers and the state government.

Bangalore district incharge minister Ramalinga Reddy told Bangalore Mirror: "The apartments have been built on encroached lakebed land by the developers. A resurvey by the Assistant Commissioner was also done, the encroachment has been confirmed. The Tehsildar has gone for demolition after the Lokayukta served a notice on him asking him why no action has been taken. He has to follow orders.''

Ramaswamy said: ''We bought flats by spending our hard-earned money. Sobha Developers never informed us about the alleged encroachment of the lake land. BBMP has also issued 'A' Khata and the town planning department has also given us the occupancy certificate, then how can we have encroached the lake land.''

Another flat owner Manjula Senthil said: "The developer has cheated us. Officials cann ot just demolish a part of the apartment. Officials came this morning and pasted the notice on our compound wall. This is not the way to treat tax-payers."

Chowdegowda, BBMP additional director, Town Planning, said: '' We issue the plan sanction based on the availability of 'A' Khata and later on, occupancy certificate for constructing without deviating from the sanctioned plan. Town planning officials cannot be held responsible for issuing an occupancy certificate for the allegedly encroached lake land by Sobha Developers.'' he officials responsible.''

Bangalore urban deputy commissioner's office Tashildar (enforcement) Chudamani said, " On Tuesday, around 18 acre of lake land worth Rs 15 crore has been recovered.''

Bangalore South Tahsildar B R Dayanand said, "Everything has been carried out according to the law. The present outer ring road is itself on lake land, but the then cabinet decided to take up the road work. "

On January 18, 2013, the then Bangalore South Tahsildar had issued orders for recovering lake land, but the process was kept in abeyance. On February 19 this year, Dayanand issued the fresh recovering order which was executed on March 4.

Dayanand said, "Iblur village survey No 36 is a genuine lake land. Two people, Harish Krishna and Papanna, had encroached 81 gunta, while Jacob had encroached 4 gunta, Rajesh Babu 3/4 gunta, Sun City developers 4 gunta, Sobha Developers 4 gunta, Pujari Krishnappa 12 gunta, Flower school 1 gunta, and another person Narasa Reddy has also encroached some land.''

Sobha maintained that their apartment was legal, based on a Plan Sanction bearing P.S/EM/TA-3/E/02-1999-2000, dated 17.11.1999 and an Occupancy Certificate bearing No. BDA/EM/TA-3/T-101/2002-03 dated 05.03.2003 issued by the Bangalore Development Authority. They accused the tashildar of not complying with the orders of the High Court as also the Asst Commissioner. ''Without hearing the owners or providing them with the Survey Report, the tahsildar has pasted a notice dated March 1, 2014.' ' a Sobha representative aid.

Usha Radhakrishnan, a flat owner, said: ''The developer kept us in the dark. The association has decided to take up a legal battle against them.''

source: Bangalore Mirror