Legal Question in Real Estate Law in India

problem with my plot due to change of jurisdiction authority

I had purchased a residential plot from a land development company on may 2006 and also got khatha in my name.

The residential layout was approved from BMRDA (Bangalore Metropolitan Development Authority) in 1998.

The residential layout had lands belonging to two villages. In 2001, the village land in which my plot was located

came under the jurisdiction of BMICAPA (Bangalore-Mysore Infrastructure Corridor Area Planning Authority).

But the seller didn't informed me about the change of jurisdiction at the time of purchase. Later

when i came to know about this, i asked BMICAPA authorities about this layout for which they told

that the plot is not authorized since the developer have not renewed the layout approval from them after

the transfer of jurisdiction. When i enquired about this with the seller, he say that there is no need for

renewal from BMICAPA and he can't do anything for that. How should i do next to get my plot authorized from

BMICAPA?


Asked on 10/31/08, 4:24 am

3 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: problem with my plot due to change of jurisdiction authority

If a layout was sanctioned by appropriate authorities before land came in the limits of BMICAPA, then after inclusion of land in BMICAPA limits, its approval is merely a formality and same can be applied for and obtained by you as owner.

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Answered on 11/02/08, 1:21 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: problem with my plot due to change of jurisdiction authority

You may approach the BMICAPA authorities for necessary permissions.

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Answered on 10/31/08, 7:09 am
Nasir Butt Nasir Law Associates

Re: problem with my plot due to change of jurisdiction authority

Change of jurisdiction does affect the ownership at all. So far as layout plan is concerned, if it was approved before change of jurisdiction, no need to get it renewed, otherwise it is formality and you may apply being owner and builder is not required to do so.

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Answered on 11/03/08, 11:04 pm


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