Purchasing
property in Bangalore involves lot of legal complications. However, one can avoid legal complications,
by buying a property through Bangalore Development Authority (BDA). BDA has
become hyperactive and has been distributing the sites in large numbers. Naturally the people are eager to know the
methodology adopted by BDA in allotting sites.
This write up gives the broad outlines of the procedure followed by BDA.
Bangalore Development Authority (Allotment of sites)
Rules (1984) govern the allotment of sites.
These rules are periodically modified.
Whenever BDA forms an extension or layout, it offers
the sites in such extension/layout to the general public. Wide publicity will
be given mentioning the location, number, area and last date for submission of
applications. The details are also published
in not less than three newspapers of Kannada and English, which are published
from Bangalore, having wide circulation.
BDA is empowered to set apart, 40% of the site to
economically weaker section at 50% value of the sites. Out of this 15% of the
sites are reserved for Scheduled Castes, 3% for Scheduled Tribes and 2% for the
Backward Tribes and remaining sites to economically weaker sections.
BDA may also allot civic amenity sites on lease basis
to educational, religious and charitable institutions, which are registered
since more than three years under Societies Registration Act, or Trust for
public purposes. But such allotment should not be more than 5% of the total
site area in each layout.
Only the persons who have registered their names on
payment of prescribed registration fee are eligible to apply for allotment of
sites.
If the applicant withdraws the registration, the
registration fee paid will be refunded after deducting 10% of the amount paid
to the applicant. Registration once done
is valid for all subsequent attempts.
In case the applicant dies after registration, the
spouse of the deceased applicant is entitled to apply for allotment. If the spouse is not alive the dependent
children, will be deemed to have registered and have the right to apply for
allotment.
The registered applicant or his legal heirs have to
apply for allotment of site in prescribed form (Form II). The applicant should also remit 12.50% of the
notified cost of the site along with application as initial deposit. The initial deposit payable in case of
schedule castes, schedule tribes, and backward tribes is 5%.
Correctly filled application along with initial deposit
should reach BDA before the time fixed for receipt of such application. The BDA notification generally mentions the
mode of paying the initial deposit, which could be by remitting in certain
banks. Completed application forms may
also be delivered at the specified branches of the Bank.
In
case the application is pending with BDA for allotment and the BDA invites
applications for further sites, the applicant should again apply in Form No. II
(A), but there is no need to pay initial deposit.
Eligible Persons
Only a person who is major, and a resident of Karnataka
for not less than 15 years prior to the date of registration, and who or whose
family members do not own a site or house in Bangalore, or not allotted any
site or house by BDA or Housing Co-operative Societies is eligible to apply. In
case of officers belonging to All India Services, whose services are allotted
to Karnataka State cadre and residing in Karnataka, for not less than two years
immediately prior to the date of registration.
The requirement of 15 years residence in Karnataka is
subject to relaxation in case of persons who are residents of Karnataka, but
being employed in armed forces serving outside Karnataka, gone out of the state
for employment, higher education, but have bonafide intention to settle in
Bangalore metropolitan area. BDA may
also waive this condition with the prior permission of the government, in case
of persons who have achieved outstanding performance in field of art, science
sports or in any other field.
If sufficient number of applicants are not available in
category A the balance sites will be transferred to category B, then to
category C and then to category H (general public) likewise in the absence of
sufficient number of persons in category, F, G, I, the balance sites will be
transferred to category H (general public).
The word outstanding achievement is defined as
achievement at State, National and International level, where an award or a
medal is presented by the authorities duly recognized by State or Central
Government.The income criteria in case of scheduled castes,
scheduled tribes, and backward tribes is not applicable.In case of the applicants with equal number of attempts
the elder applicants will have priority.
The BDA will constitute an Allotment Committee
comprising three official members and three non-official members. The chairman of the BDA shall be the Chairman
of Allotment Committee. The allotment of the sites by the committee is subject
to approval of BDA.
The BDA reserves its right to alter the value of the
sites and the allottee has option either to accept the altered value or decline
it.
Post Allotment Procedure BDA informs the allotment of site to the applicant by a
notice sent to the latest known address.
The successful allottee shall pay the balance amount of the site value
within thirty days from the date of receipt of
notice of allotment. This period may be extended to 60 days only at the
discretion of the BDA on a request from the allottee. The interest payable on
extended period is 18% for the first thirty days and 21% for the next 30 days.
On failure to remit the amount within the extended period, the allotment is
liable to be cancelled.
The payment period is three years in case of persons
belonging to Scheduled Castes, Scheduled Tribes, Backward Tribes, family of
defence personnel killed or disabled during hostilities and whose annual income
from all sources does not exceed Rs.11,800/- or belonging to weaker section as
notified by the government from time to time.
The balance amount may be paid in three annual instalments without
interest.
On payment of the balance amount of the site value, the
allottee will get the sale deed duly executed.
The stamp duty, registration charges, incidental expenses should be met
by the allottee. If the allottee is
married the sale deed can be executed in
the joint names of allottee and spouse.
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