Community hall sites

[radnats]

I hold a few plots sub-divided by the promoter of the layout from the Community Hall site, a few years after the original layout . Do I have the same residential rights as the other plot-holders in the layout? Tobe precise, can I construct residences in such plots sub-divided from community hall site?

[oruacre]

I think you can, but just double check with the Officials, and get an approval for the same, if needed.

[radnats]

Thanks Dear,
Some hope at last.
But I have newspaper reports with me saying if there is no taker of the community hall for one year after the original approval of the layout is obtained, promoter of the layout can sell the community hall as residential plots. But, if some one could give me an official ruling on this matter, i would be happy.

[nabishek]

Originally Posted by radnats

I hold a few plots sub-divided by the promoter of the layout from the Community Hall site, a few years after the original layout . Do I have the same residential rights as the other plot-holders in the layout? Tobe precise, can I construct residences in such plots sub-divided from community hall site?

I am not sure about the exact process.But can tell you, its very risky to hold or buy such plots.There are high chances it may be deemed unapproved.

I remember reading somewhere that the period to hold such recreation/multi-purpose sites is 3 years and for school sites is 5 years.The layout promoter has to get a NOC from the local panchayat citing that there were no takers for the site and get clearence from them for converting them to residential.The NOC has to be submitted to the DTCP and the revised layout has to be regularised/approved.

Getting only NOC from panchayat would mean that the plot is only panchayat approved-not DTCP approved.Subdivision of plots without regularization is unapproved.

Try applying for a residential building plan.You will get to know if there are any complications.

[radnats]

Thanks Abhishek
You have given a valuable input. Looks like a rough road ahead of me. Can u suggest some practical ways of regularising such plots?

[nabishek]

Originally Posted by radnats

Thanks Abhishek
You have given a valuable input. Looks like a rough road ahead of me. Can u suggest some practical ways of regularising such plots?

I would suggest you spend some money now to get this resolved.Contact the promoter, they can surely help you out.I would suggest you get a residential EB connection in your name and a building plan approved for your plot.It will protect your interest.

Also, you have said that you have only few plots of the community site.Find out from the promoter who is owning the remaining and get in touch with them.Either you can sell your plots to them or buy from them.If the location good. Marriage hall also has good business prospect.

[radnats]

Abhishek,
The promoter is no longer alive. His company has wound up. There is absolutely no clue as to the owners of other community hall plots totalling about 12.
As you rightly said, I would go and apply for a building permit.
It is like "if you have any doubt about the property you are purchasing, apply for a Home loan from a bank, they will clear your doubt". Do I have any such option?
Tks and Regards

[nabishek]

Originally Posted by radnats

Abhishek,
The promoter is no longer alive. His company has wound up. There is absolutely no clue as to the owners of other community hall plots totalling about 12.
As you rightly said, I would go and apply for a building permit.
It is like "if you have any doubt about the property you are purchasing, apply for a Home loan from a bank, they will clear your doubt". Do I have any such option?
Tks and Regards

I think it is not possible through banks.

Banks generally are not allowed to give loans for land under "housing loan" category.Some banks who also operate as housing finance corporations grant such loans as a variant with higher interest rate or a rider somewhere that house has to be constructed within 3 years.If you try applying for such loan, Banks would see the property the same way as any property.Banks only check the validity of the documents and see if the title is marketable.If there is a building, then they verify if its constructed as per the approved plan.

Other legal/approval aspects of the land may not be deeply scrutinised as the liability of repayment is more like personal loan and the land is treated only like collateral security not mortgage.

You may contact some experienced lawyer in this field.There are ways for everything.