Tag: law

  • Procedure Permits For Building House Details India

    Building a Home in India has a few Rules o be followed.

    Being a vast country the rules differ from State to State.

    I am providing some information on Building a House in Karnataka in general and Bangalore in particular.

    Check your State Government’s portal for updates.

    The following link will be useful.

    http://www.doingbusiness.org/data/exploreeconomies/india/sub/bengaluru/topic/dealing-with-construction-permits

    Laws and Byelaws for Building a House in Bangalore.

    Licence – Every person who intends to erect or re-erect a building or make material
    alterations or cause the same to be done, is required to obtain a licence from the
    Authority.
    3.2 Application and documents to be submitted with the application – Every person
    who intends to erect or re-erect or alter a building, including temporary structures for
    the purpose of exhibitions, trade fair or circus or execute any of the works other than
    repairs, as specified in Sections 299, 304 or 312, of the Act, shall give an application in
    writing to the Authority in the Form set forth in Schedule II and such application shall be
    accompanied by plans, documents and information as required hereunder.
    3.2.(1) Title deed/possession certificate – A copy of the title deed or possession certificate
    of the property, issued a competent authority.
    3.2.(2) Property card and latest assessment book extract – A copy of the property card
    along with the sketch issued by the Department of Survey and Settlement, and Land
    Records (City Survey) and latest assessment book extract issued by the Corporation
    indicating the measurements of the property .
    3.2.(3) Upto date tax paid receipt – The receipt for having paid up to date property tax to the
    Corporation shall be enclosed.
    3.2.(4) Previously sanctioned plan – Attested copy of the previously sanctioned plan if the
    application is for addition/ alteration/modification to the existing building. If the applicant
    for any reason cannot produce the previously sanctioned plan of the existing building,
    then in such cases the plan of the existing building along with site plan, etc., will have
    to be submitted.
    3.2.(5) Drawings – The following drawings in ammonia prints. One drawing on tracing cloth /
    polyester tracing film shall be enclosed in addition to the ammonia prints.
    3.2.(5.1) Key plan – A key plan drawn to a scale of not less than 1 in 10,000 showing the
    boundary locations of the site with respect to neighbourhood landmarks.
    3.2.(5.2) Site plan – Site plan drawn to a scale of 1:500 for sites of area upto one hectare and
    1:1000 for sites of area more than one hectare. The site plan shall indicate the
    following, namely:-
    a) title of drawing consisting of the property number of the site name of the block,
    street or road in which the site is situated, number of the site if situated in an
    approved layout, and reference number of such approval with the use of the
    building;
    b) the boundaries of the site and of any contiguous land belonging to the owner
    thereof;
    c) the north direction relative to the plan of the building;
    d) the name and description of the adjacent roads, street, or lanes, if any, with the
    width thereof;

    Download at,

    http://www.naredco.in/notification/pdfs/Bangalore-Building-Byelaws.pdf

    Obtain attested copy of approved layout by the Bengaluru Development Authority (Municipal)

    According to the Karnataka Town and Planning Act (1961) under section 17, and the Bangalore Development Authority Act (1976) under section 15, any layout plan must be approved by the Bangalore Development Authority. 

    3 days INR 10,000
    * 2 Obtain no-due-tax receipt at the House Tax Department (Municipal)

    The building company must submit up-to-date tax receipt to apply for the building permit

    1 day INR 100 (flat fee)
    3 Obtain drawing plan/building permit approval from the Commissioner of the Bengaluru Mahanagara Palike (Municipal)

    The Bangalore Mahanagara Palike Building bylaws refer to the warehouse being built as a low-rise storage building for non hazardous goods. The building company must obtain a building license (building-plan approval) from the Commissioner, Bangalore Mahanagara Palike, or an officer authorized by the Commissioner. The building company has to submit the application for the building-plan approval along with the following documents: a. Title deed/ownership documents (certified copy); b. Property card and latest assessment book; c. Attested copy of approved layout by BDA or city-survey sketch issued by the Department of Survey and Settlement; d. Up-to-date tax receipt; e. Drawings; f. Key plan; g. Site plan; h. Building plan; i. License-fee receipt; j. Indemnity bond; k. Foundation certificate issued by a registered architect/engineer; l. Other certificates and NOCs (if required); m. Supervision certificate from the registered architect/engineer who will be undertaking the supervision. The Authority shall communicate its decision to the applicant within 30 days. While granting the building license, the Authority may impose a condition that at least two trees shall be planted on sites larger than 200 square meters. The following fees apply based on the area and structure of the building: a. Building-license fee for non-residential property: INR 60 per square meter of the built area; b. Scrutiny fees: 5% of the license fee and subject to a minimum of INR 50; c. Ground rent for stocking of building materials on public land: INR 100 per square meter (for small plots only); d. Fee for additional copies of the plan: INR 400 for first 5 copies and INR 600 for more than 5 copies; e. Refundable security deposit: INR 100 per square meter. Building bylaws, building-approval application forms, and fees are available on the website http://www.bmponline.org. Furthermore, a single-window clearance system has been introduced. 

    25 days INR 81,938 (license fee INR 60 per square meter of built up area + scrutiny fee at 5% of the license fee)
    4 Obtain commencement certificate (with inspection) from the Bengaluru Mahanagara Palike (Municipal)

    The authority inspects the site within 15 days of receipt of the notice about commencement of contruction to verify that the line-out marked for the building is according to approved plans. If the site passes the inspection, the Commissioner will issue a commencement certificate in the form prescribed in Schedule VII. The fee for the commencement certificate is INR 40 per square meter. 

    2 days INR 52,024 (INR 40 per square meter of built up area)
    5 Apply for permanent electricity connection with the Bangalore Electricity Supply Board (BESCOM) (State)

    BESCOM was created in 2002 as a limited-liability company wholly owned by the Government of Karnataka. The application is available in the BESCOM office or online, together with the tariff schedule, at http://www.bescom.org. The building company must submit the application along with the following documents: 1. Copy of the sanctioned plan of the building; 2. Memorandum and Articles of Association and Certificate of Incorporation; 3. Indemnity bond; 4. Permanent Account Number (PAN) number. The building company shall indicate in the application the name and address of the licensed electrical contractor who will provide the interior wiring and transformer work. For all buildings over 500 square feet, the registration fee is INR 250. 

    1 day INR 250 (registration fee)
    6 Receive inspection from electricity utility provider BESCOM (State)

    An inspection is carried out by a BESCOM engineer. After the inspection, the building company receives an inspection letter stating the estimated cost and describing all work to be carried out. 

    1 day No cost
    7 File a completion certificate and apply for an occupancy permit at the Bengaluru Mahanagara Palike (Municipal)

    The building company must notify the Commissioner, Bengaluru Mahanagara Palike, about completion of the construction within a month. It must attach to the notice a certified application prepared by a registered architect/engineer/supervisor in Schedule VIII to apply for permission to occupy the building. 

    1 day INR 2,500 (flat fee)
    8 Receive final inspection of the construction by the Bengaluru Mahanagara Palike (Municipal)

    The authority decides after a physical inspection whether to approve the building. During the inspection, the authority checks whether the owner had obtained the commencement certificate and submitted all required documents. 

    1 day No cost
    9 Obtain the occupancy permit from the Bengaluru Mahanagara Palike (Municipal)

    The authority should inform the applicant whether the application for occupancy certificate is accepted or rejected within 30 days of receipt of the completion notice. In case the application is accepted, the occupancy certificate is issued in the Form Schedule IX. 

    30 days No cost
    10 Apply for permanent water and sewerage connection with Bangalore Water and Sewerage Board (BWSB) (Municipal)

    To get a new water supply and sanitary connection, the building company applies to BWSSB through a licensed plumber. Application forms are available for INR 30 at all BWSSB service stations and offices. New simplified joint applications are available for water and sewerage connections. The prorata and other charges to be levied are available on the BWSSB website http://www.bwssb.org. The website also features details on procedures and processing times. 

    1 day INR 30 (flat application fee)
    * 11 Apply for permanent phone connection at Bharat Sanchar Nigam Limited (National)

    The building company must apply for the telephone connection at the local BSNL office. To obtain a commercial connection, the building company must submit the application along with a proof of ownership of the business and the Permanent Account Number (PAN) card. The same tariff applies across the country with minor differences due to local demand. The following charges must be paid: INR 500 in case there is a waiting list for registration charges; INR 300 in installation charges (if fewer than 500 lines) or INR 500 (if more than 500 lines); and a refundable security deposit of INR 2,000. 

    1 day INR 500 (flat registration fee)
    * 12 Receive inspection from the Bangalore Water and Sewerage Board (Municipal)

    Inspection assesses the cost of connection and work. The inspector issues a demand notice. The following inspection-charge schedule applies: a. Areas up to 1,000 square feet: INR 500; b. Areas up to 2,000 square feet: INR 2,000; c. Areas up to 4,000 square feet: INR 4,000; d. Areas above 4,000 square feet: INR 5,000. 

    1 day INR 5,000 (flat inspection charge)
    * 13 Obtain permanent electricity connection (with inspection) from BESCOM (Private sector)

    To obtain the connection, the building company has to install an own transformer. BESCOM only supervises the work. Payment and connection would take place 1 day after the work is finished. The building company has to pay provision for load break (INR 122,400) and a refundable security deposit (INR 1,100 per kW for residential buildings and INR 1,350 per kW for commercial buildings). 

    30 days INR 122,400 (provision for load break)
    * 14 Obtain permanent water and sewerage connection upon final payment from BWSB (Municipal)

    The following pro-rata rates apply for commercial building connections: a. INR 80 per square meter of built area for water supply connection; b. INR 80 per square meter of built area for sanitary connection; c. Sanitary-point charges at INR 120 per point (minimum 5 points per floor). The pro-rata charges for residential building are INR 70 per square meter. 

     

  • Property Documents No Lamination Get Duplicate

    I received a forward from my brother’s son that Laminated Property Documents are not accepted.

    I checked up with Lawyers.

    Property Documents.
    How To Get Duplicate property Documents, Image from. and more information at http://articles.economictimes.indiatimes.com/2013-07-01/news/40307770_1_documents-police-complaint-housing-society

    As usual they are divided in their opinions.

    While there seems to be no law against Laminating property documents for its acceptance, there seems to be case for not laminating as if the said property gets into a legal tangle it becomes difficult for the Experts to verify the Signatures and Thumb impressions, though it can not be safe.

    However since it is our property, better play it safe and do not laminate the documents.

    If the Document is becoming aged, apply for a New one and get it.

    “That’s good.However there is no bar of law for lamination.There must not be any tempering in the document…

    Normally the parties takes allegation of forgery of signatures and when the other party disputes the allegations, the court will send the original documents for expert opinion i.e. finger print expert and forensic science laboratory. Then it will be difficult for the expert to come to the conclusion that whether the signature is genuine or forged. Normally the experts will conduct chemical test on the papers and ink they used, where they cannot get good results. Then the case may become weak. In my opinion it is better not to laminate the paper, instead you can paste a cloth with gum back of the document.”

    http://www.lawyersclubindia.com/experts/Lamination-of-old-property-documents-381751.asp#.Up18m9IW25w

    How to Get Duplicate of Property Document.

    Checklist of what a seller or property owner must do

    What the Property Owner/Seller Must Do? Here is a checklist of what a seller or property owner must do if he or she misplaced the original property documents.

    File a Police First Information Report (FIR): First thing any property owner must do is to file a police first information report about the lost documents. In case the owner is selling a property without its original documents, the potential buyer must get a copy of the police FIR to avoid any hassles.

    Place an advertisement: Once a FIR is filed, the owner needs to place an advertisement in a local language newspaper as well as an English daily newspaper clearly stating the loss of the original documents. In case of a buyer, he or she is also advised to advertise a notice announcing any stakeholders of the property in question to contact within a stipulated time period.

    Apply for a duplicate share certificate: In case of a residential property, the owner will need to get a duplicate share certificate from the respective housing society. Housing societies charge a nominal fee in genuine cases for issues a duplicate share certificate. A no objection certificate (NoC) from the housing society is also important in case the owner plans to sell the property in the near future.

    Sign an Undertaking: The property owner will then need to sign an undertaking on a stamp paper clearly stating that he has lost or misplaced the original documents related to the property mentioned in the undertaking. The copy of police FIR, newspaper advertisements must be attached to the undertaking. The undertaking needs to be attested and registered with a notary to have any legal value.

    Apply for Duplicate Sale Deed: After completing all the above mentioned procedures, the property owner can approach the registrar for issuing a duplicate copy of the sale deed. The owner will need to submit all of the above mentioned documents and pay a nominal fee depending on the state concerned to get a duplicate copy issued.

    Hire a Legal Consultant: There are many complications when it comes to losing the original property documents. Even after following all of the above procedures, it may be difficult to obtain any loans on the property. Most banks are quite skeptical in approving loans to any property with legalities attached. In case of any difficulty in any step, it is recommended to hire the services of a professional legal consultant.”

    Source:

    http://www.commonfloor.com/guide/how-to-get-duplicate-documents-of-property-26830.html

     

  • High Court Condones Corrupt Judge

    Often the Courts get on a High moral ground and starts preaching to lesser mortals on Morality,Accountability, Integrity and Model Behavior.

    But when it comes to a question of issues concerning Judiciary and its Judges, it becomes coy and many a times out right disgusting.

    Remember Veeraswamy of the Supreme Court ,the first Judge to have been found corrupt, the time it took to sentence him, I still do not know whether he served the term in the slammer,the political hurdles and the Judicial apathy.

    Every one knows , in India, Judges can be bought, right from the Magistrate to the Highest court in the Land.

    Instituting ‘Contempt of Court‘ proceedings against the complainants is a favorite pastime.

    Now read the story where a CBI Judge confirmed felon is being protected by the High Court.

    Story:

    A Punjab and Haryana High Court decision to halt the framing of charges in the graft case against its former judge Justice Nirmal Yadav raises disturbing questions about judicial accountability

    When Anupam Gupta, special public prosecutor for the CBI in the “cash at the doorstep” corruption case against former judge of the Punjab and Haryana High Court Nirmal Yadav, burst out in anger against the High Court’s recent decision to halt the framing of charges against her, it cast a shadow of disquiet on possibly the most watched prosecution of a judge in the higher judiciary in recent times.

    In a written statement he said, “I am deeply distressed by the High Court’s order passed today. It betrays an insensitivity to judicial corruption that cannot be viewed with equanimity. The High Court cannot have a dual approach or standard — one for judges and another for all other accused. Would the High Court have passed this order if the principal accused had not been a former High Court Judge?”

    His statement, duly reported by newspapers, was greeted by pin drop silence in the legal universe. That Mr. Gupta is a well known activist on judicial accountability is one reason why his outburst was not immediately dismissed as a mere reaction to a legal setback in court. The other is, because each time in the last couple of years it appeared that the case against Justice Yadav would be dropped, the lawyers of the Punjab and Haryana High Court rose as one to ensure its continuation.

    Revision petition

    Justice Nirmal Yadav is being tried for allegedly receiving illegal gratification of Rs.15 lakh in August 2008. The money was wrongly delivered at the residence of another lady judge of the High Court, who reported the matter to the Chandigarh police. In March 2011, the President granted sanction to prosecute her under Section 19 of the Prevention of Corruption Act and she became the first serving high court judge in the country to be charge sheeted in a corruption case.

    In July this year the CBI court in Chandigarh finally ordered charges to be framed against her, but Justice Yadav filed a revision petition before the High Court against the order, saying that it was “illegal, erroneous and untenable in the eyes of the law.” Hearing the petition, Justice N.K. Sanghi summoned the entire record of the CBI court and directed that her petition be heard within three months. This in effect means that until the High Court decides on her petition, the trial will remain frozen before the trial court.

    Source:

    http://indialawyers.wordpress.com/2013/10/14/getting-its-own-off-the-hook/

  • To Prove Rape Have Four Adults To Watch

    If you can arrange for a Group of  four People to watch you being raped, then you can have the rapist convicted.

    Need Four adults to testify  to prove rape
    Need Four adults to testify to prove rape

    This is what the UAE  law says!

    A Dubai court has sentenced a Norwegian woman to 16 months in jail for having sex outside of marriage after she reported being raped, according to news reports from the United Arab Emirates.

    Marte Deborah Dalelv, 24, was convicted Wednesday. She was also found guilty of perjury and of drinking alcohol, the English-language LocalreportedThe Norway Post said she was 25.

    Dalelv told police March 6 that she was raped while in the emirate on business. Her father said she was instead jailed for four days and had her passport and money confiscated. She was then charged.

    Norwegian diplomats secured her release to the local Norwegian Seamen’s Church.

    The Norwegian Department of Foreign Affairs said Thursday that the verdict “flies in the face of our notion of justice” and was “highly problematic” in terms of Western human rights.

    For a rape conviction, United Arab Emirates law requires either a confession or four adult male witnesses to the attack.

    The case was not reported in the two major English-language newspapers in the United Arab EmiratesThe National and The Khaleej Times.

    Source:

    http://www.usatoday.com/story/news/world/2013/07/18/dubai-woman-raped-jailed-extramarital-sex/2554045/

  • Exposes Rape More Punishment Than Rapist Steubenville Hack

    The man whose hacks have led to the ‘Expose’ of Stubenville rape might get more term than the Rapist.

    Law is an Ass, easy to say.

    hacker who exposed rape.
    Deric Lostutter, also known by his screen name KYAnonymous,
    But the circumstances, cases are different.

    People do not expect all Judges to Be Solomon.

    But they should have IQ of a Child which can count,

    Story:

    Deric Lostutter, 26, said that a group of FBI agents aggresively raided his home in April.

    Lostutter, also known by his screen name KYAnonymous, told The Huffington Post over the phone that on April 15, FBI agents raided the Winchester, Ky., house he shares with his girlfriend and brother and that he was told he could face jail time if he let the story get out.

    It all started when he came home and noticed that a FedEx truck was randomly parked outside of his house.

    “As I open the door to great [sic] the driver approximately 12 F.B.I. Swat Team agents jumped out of the truck screaming for me to ‘Get The F**k Down’ with m-16 assault rifles and full riot gear armed safety off, pointed directly at my head,” Lostutter wrote.

    “They seized my laptop, my girlfriend’s laptop, flash drives, music CDs, an external hard-drive, two cell phones and my brother’s xbox 360 for some reason,” Lostutter told HuffPost.

    Why? Loustutter admitted that he was the guy that released most of the incriminating information about the rapists.

    Stubeville rape.
    Stubeville rape exposed,

    He was the one who published a trove of incriminating social media photographs, videos and messages that had been posted by Steubenville football players and that documented and ridiculed the victim.

    “The tweets, screenshots, Instagrams. … Pretty much everything you’ve seen in the media, that came through me,” Lostutter said.

    And now, the FBI is saying that he may have committe

    If convicted, he could spend 10 years behind bars.

    While the rapists, Ma’lik Richmond and Trenton Mays, only have to do one year.

    A 26-year-old Kentucky man has revealed that his home was the subject of an aggressive raid by a group of FBI agentslast month in connection with an Anonymous hack that helped publicize key social media events in the Steubenville rape case.

    Deric Lostutter, also known by his screen name KYAnonymous, told The Huffington Post over the phone that on April 15, FBI agents raided the Winchester, Ky., house he shares with his girlfriend and brother and that he was told he could face jail time if he let the story get out.

    Lostutter, a self-employed IT security consultant and self-described Anonymous membersaid on his blog that he’d just returned from a turkey hunt when he noticed what appeared to be a FedEx truck in his driveway.

     

    Source:

    http://www.huffingtonpost.com/2013/06/07/deric-lostutter-raid-kyanonymous-steubenville_n_3403000.html

     http://globalgrind.com/news/anonymous-hacker-who-exposed-steubenville-rapists-jail-time-details#ixzz2VhWlTlAh