Advocate Chandra Pal Singh

Questions Answered by Advocate Chandra Pal Singh

Q: Compensation for land acquisition by development authority

Hi, I had bought a 30*50 plot. There are few survey numbers for which preliminary notification was issued by BDA for the formation of a layout in 2008. However, the order for formation of layout was quashed by the high court in the year 2015 due to delay by BDA in issuing final notification. With all my lifetime savings, I bought a plot in 2016, after the layout formation was quashed. Now, I am not sure if my plot belongs to the notified survey number. There are many such plot owners in this area. It also has few schools, factories and houses in the surrounding area of my plot who are in the fear of loosing land to BDA. Please let me know what steps I can take further in case my plot is acquired. Would I get any compensation if my plot is acquired. Is there anythin we can do as a group (all plot owners) to protect our land? Is there any solution for this. Please he

Advocate Chandra Pal Singh answered
Request you to obtain a copy the BDA notification for acquisition of lands in the area in which your plot is situated. The notification will provide details of all the survey numbers for which preliminary notification was issued by BDA for the formation of a layout. These details can be ascertained from the BDA itself. If the formation of layout was quashed by the high court in the year 2015 due to delay by BDA in issuing final notification, a copy of the said order quashing the preliminary notification can be obtained from the High Court. This will confirm that the lands that were no notofied are no longer required by the BDA for its scheme and the land will then revert to the respective land owners. If you have purchased a plot after this make sure that lands have been de notified by the BDA or released by the BDA in favour of the land owner from whom you had purchased the site This will reassure you that the lands in question are out of the BDA notification. BDA will not acquire your property if it has been denotified by the court action, unless BDA makes a new notification and a copy of the notification is given to you, if you are in possession of your land and have purchased it through your land owner after conversion of the land. All these details can also be ascertained from the Section Officer or land acquisition officer in charge of your region.

Q: Husband and his lawyer not turning up for hearing

My husband or his lawyer have not turned up for a proceeding though I have come from out of India when totally unwell, if he doesn’t turn up for the next hearing can he be charged a fine or given a warning? Please help.

Advocate Chandra Pal Singh answered
On the date of hearing if your husband or his lawyer have not turned up for a proceeding, either your Counsel or you can approach the Presiding Officer and inform him that you have come from out of India to attend the hearing specially when you were totally unwell. Most Presiding Officers are sympathetic to such a representation and will make not of your submission and in the event that he or his lawyer do not turn up for the next hearing he can then be levied costs for the inconvenience caused to you and at the courts discretion, the court may permit you to proceed to the next stage of the proceedings.

Q: Property tax payment for B khata property

Hi, I bought a flat in Bangalore which is B Khata (Land A Khata but apartment has some horizontal and vertical deviations). Now I am paying Property Tax every year online using SAS based Application number and in that receipt the Owner name of the flat is my name. Now do I need to seperately get B Khata form for it or property tax itself is enough. As I understand that there is nothing called B Khata, it is just BBMP is maintaining a separate ledger for these kind of properties. And B Khata is illegal constructions against BBMP approvals. Please help me if I have to separately get B Khata or my property paid tax slips are enough during A Khata conversion if at all it happens in future.

Advocate Chandra Pal Singh answered
Fundamentally if your property is built on land which has been given an 'A' Khata by the BBMP the apartment should also have a A' khata as the 'A' khata is sub divided to allot new property numbers for purpose of assessment of Tax on the apartment units built on the land, albeit the apartment having some horizontal and vertical deviations.It is strange that you have been given a 'B" khata. However all this is set to change in a few months as the government has decided to regularize all such properties and based on the kind of deviation that has happened in your budding possibilities are that the same may be regularized sub to any such new rules for regularization of the same. You will have to wait until such a scheme is notified while you can continue to pay your taxes, in the manner that you currently are.

Q: How to get misplaced property papers issued again

We have one land, but we lost registered papers. How can we get the same.

Advocate Chandra Pal Singh answered
It is possible to get certified copies of the registered documents in respect of the your property from the local sub registrars office, if you remember the registration details of the property or the registration details of the property is available with you. In the event that you do not have remember the registration details of the property or the registration details of the property, you can apply for and obtain an encumbrance certificate in respect of your property. The Encumbrance Certificate (EC) will provide with the registered document details, on which basis you can obtain certified copies of your registered documents. As a matter of abundant caution you will also have to 1. file a complaint with your jurisdictional Police complaining of the loss of your Documents2. Release a classified ad in a local news paper informing general public of the loss of your documents and possible offer a reward to a finder.3. Inform you local sub registrar of the loss of your documents by providing a copy of the police complaint and news paper advertisement. However as a matter of