Residents of Bangalore are now Hiring Private Surveyors
With BBMP not providing complete information in TDR notices they despatch, residents are hiring land surveyors to measure their property for accurate data. In April, residents of Sarjapur Road received a notice from the BBMP, informing them about acquisition of a portion of their property for road widening. The notice says the road is to be widened by 45 feet and that the Apartment Association should submit land records using the Transfer of Development Rights (TDR) form.
People are afraid that more land will be taken as the notice does not mention anything about the amount of land required to be acquired from the apartment. L A Arri, Managing Partner, Guideline Surveys, says that people have been approaching them for surveys with respect to road widening, for three main reasons. They give them precise measurements of their property, calculate how much property will be lost to road widening, and if required land includes the building or only setback.
The residents of Golden Corner Apartment Bangalore on Sarjapur Road received a notice from the BBMP, informing them about acquisition of a portion of their property for road widening. The notice says the Apartment Association should submit land records using the Transfer of Development Rights (TDR) form. The Golden Corner Apartment Owners Association decided to carry out a survey after speaking to a BBMP Junior Engineer. Bharti Jayshankar, President, Golden Corner Apartments’ Association, says that the engineer himself gave them a contact number of a land surveyor, Alcon Surveyors. But later they found Guideline Surveys in the yellow pages and approached them for the task. On contacting Alcon Surveyors, they said that they have so far not carried out any such survey in the city but have recently started a pilot project for the BBMP for road widening.
The Golden Corner Apartments Association decided to find out for themselves, the extent of property they would be required to give up. And they hired a land surveying company to do this for them. So Guideline Surveys, a Domlur-based topomapping and surveying consultant company, did a physical survey of the Golden Corner property in May, wherein they measured the existing plot size and the amount of land that may need to be given up to road widening. Bharti says the surveyors pointed out to the exact portion of their property that will be acquired. “We decided to do a survey to be sure of how much (land) we are losing. We don’t want to be caught unawares. We should be prepared with actual facts”, she explains.
“People are afraid that more land will be taken and less compensation will be given”, says L A Arri Guideline Surveys’ Managing Partner. Incidentally, Guideline Surveys has also carried out land surveys for various government agencies including the BBMP, BDA, BMRDA and Housing Board.L A Arri, showed a survey map of one of the road widening projects they worked on. These maps are given in a digital format to the client and also show what the property will look like after land loss. The maps also include point-to-point information on the location of poles, trees and so on, on the property. Arri says the BBMP will not give all this information to residents.
Their recent major project has been surveying the Kempe Gowda Bus station (popularly known as Majestic) which is proposed to be revamped. They have also done surveys for BBMP’s road widening projects for junctions including Outer Ring Road to Horamavu, KR Puram to Tin Factory, Kundalahalli to Kadugodi, and Ramamurthynagar Main Road.For private clients, the company has carried out surveys in areas like Hennur Main Road, JP Nagar, Dr Rajkumar Road and Sarjapur Road for road widening.
BBMP’s Chief Engineer (Major Roads), T N Chikkarayappa says that that TDR notices only mention the length of road widening to be done. “We anyways make markings on the wall”, he adds. About people carrying out surveys privately, Chikkarayappa says, “If there is any doubt, they can definitely carry out surveys and check for any discrepancy.”
Meanwhile, at Golden Corner Apartments, the survey report is expected to be submitted soon. Bharti says they will then decide on what the next step will be.
The road-widening saga
- In TDR notices, the BBMP only mentions the proposed road widening width. They do not mention the specific amount of property that an independent house/apartment/commercial establishment will lose. BBMP says this information is marked in red on walls.
- In case a BESCOM transformer (in an apartment complex) is on the land that needs to be acquired, the apartment owners have to bear the cost of shifting it. BBMP will only pay shifting cost in case of public transformers.
- The cost of demolition of property to be given to BBMP for road widening will have to be borne by the owner/resident. The BBMP will not compensate for this.
- In the case of apartments where balconies are present above the proposed footpath, BBMP’s Chief Engineer (Major Roads) Chikkarayappa says they will be demolished if they are below 5.5 m from the ground level.
Courtesy: Bangalore Citizen Matters
acquisition of property for road widening, Apartment Owners Association, Bangalore, Golden Corner Apartment Bangalore, Golden Corner Apartment Owners Association, Private Surveyors, road widening, Sarjapur, Sarjapur Bangalore, Sarjapur Road, surveying consultant company, Transfer of Development Rights
go through your own agreement or sale deed and try to see what has been said there about roof right… in any case if no construction is there on the terrace, it is treated as a common area and that is included in super built-up area… builder does not have right to allocate the common area… thats illegal!!!
I wish to thank you for the detailed steps listed out in forming an asociation and its subsequent obligations. What are the benefits of Registering the Association ? We are a 8 year old association managing the day to day maintenence of a apartment of 38 flats. Majority of associations in our neighbourhood have not registered. To offset the increase in work as well as expenditure due to registeration, what are the tangible and intangible benifits of registering. ? If this could be detailed it would much appreciated.
Hi,
Further to the above, I do have few more queries.
,
Our Apartment has been registered under Society Act now by the Builder’s lawyer who is one of the owner of the 4 pent houses (without sanction plan).
Earlier they had promised to register the Deed Of Declaration (DOD) but its been registered under Society Act now but without our authentication even though we been one of the executive member.
Since its not been registered as per “Karnataka flat owners association Act 1972″ in order to safeguard our Interest in the property, We have NOT been paying the montly maintenance charges (Rs750) as we had demanded to get the same done.
Further we had asked them to open an Bank Account under “Karnataka flat owners association Act 1972″ with the DOD been registered and submitted to the Bank for opening the Account.
Since they have not followed this, we are not ready to pay the Maintenance charges.
Please advise us on how to proceed in such circumstances.
Thanks,
Malathi
we live in a 16 flats apartment in bangalore and ours is a registered association and this association was formed in sep 2009 and the land owner in that time was the president now the association president and the members are re-elected and changed and the khata is bifercated and each indiviual flat has a khatha now our problem is, in the terrace we have the common area water pipeing and overhead water tank the land owner has encorached and put up a garden in the terrace and closed the garden with a gate where the common area pipe goes so there was a meeting couple of days before and the association and the members of the association strictly told him to remove the area of the terrace garden as there might be a leakge and seeping to the top floor flats he aggred and went to remove it.
but yesterday he has produced a document from the builder letter head (the builder has left the apartment in 2010 without completeing the pending work and he has closed the office in bangalore) stating that this terrace garden and the parking area garden belongs to the land owner but this document was not produced to any of the clients who came to buy the flat and was not produced in the time of registration also and this is not being mentioned in the joint development agreement also.
now he is not removing the terrace garden so what steps can the association take on the terrace garden and him. please help
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