Rules violation: Bengaluru residents move Lokayukta against real-estate regulator

A group of residents has moved the Lokayukta to probe the Real Estate Regulatory Authority (RERA) for allegedly overlooking rules to favour a builder.

Residents of an apartment in Kothnoor moved RERA on April 2, 2021, alleging that the builder has violated the plan sanctioned by the BBMP and other authorities.

Documents submitted to the Lokayukta show that the builder had obtained sanctioned plans for two projects. The first project (Schedule A) was spread over 2 acres 38 guntas, while the extent of Schedule B was 2 acres 10 guntas.

As per the complaint filed by Shailesh Charati, the builder sold 245 apartment units in Schedule A by promising independent amenities.

The main concern of the residents was the builder’s move to make the amenities, including a sports facility and club house, a common property of owners of the apartments in Schedule B.

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RERA dismissed the case by citing the sale deed in which the buyers had agreed for the utilisation of amenities by owners of apartments outside Schedule A.

Interestingly, RERA overlooked the notice by the state environment impact assessment authority for violating the sanction plan and merging the projects.

However, Charati moved the Lokayukta against RERA authorities for overlooking the documents and for cherry-picking the points “to benefit the developer/promoters”.

Major violation

The Revised Master Plan 2015 states that builders developing land measuring 20,000 sqm or higher should hand over 15% of land to the BDA to build parks, open spaces and other amenities.

Charati argued that it is to bypass the rule that the builder split the 5.2 acres into two projects.

“That’s the reason the land was divided between two projects. If the builder now argues that they belong to the same project, then he has denied 31.2 guntas of land for the BDA — a major violation,” he said. The complaint was filed with the Lokayukta on October 15.

RERA Chairman H C Kishore Chandra could not be reached for a comment.

RERA in a spot of bother over erroneous order

In another complaint to the Lokayukta, a buyer sought an inquiry against RERA for its unilateral order declaring a dispute as ‘settled’ after keeping it pending for two years.

Dhananjaya Padmanabhachar, founder and convenor of Karnataka Home Buyers’ Forum, had moved RERA in September 2020 complaining that a top builder failed to hand over an apartment four years after the deadline expired.

The complaint stated that Dhananjaya had booked the apartment in October 2013 and the builder promised possession of the property by October 2016.

He had sought possession, occupancy certificate and compensation for the delay.

The matter was pending before RERA for two years.

“They gave hearing dates, but nothing was done. I decided to take the case to the National Consumer Dispute Redressal Commission (NRDRC). I conveyed this to RERA and filed an application seeking withdrawal of the complaint in August 2022. I was shocked to get an order from RERA declaring the matter as settled even after knowing that I was taking the matter to NCDRC,” he said.