Part of land can’t be retained after sale deed is executed: Karnataka HC, ET RealEstate
BENGALURU: The Karnataka High Court ruled that landowners cannot retain any portion of land after executing sale deeds for the entire area designated for apartment complex construction.
Justice NS Sanjay Gowda, in a single-judge ruling, granted the petition by Keerthi Harmony Apartment Owners Association, nullifying the BBMP licence given to developer Hanumantha Reddy for apartment construction.
The court stated “The grant of approval by the BBMP to build a new apartment complex would be wholly illegal and as such, Annexures ‘A’ and ‘B’ are accordingly quashed.”
On January 28, 2005, Keerthi Estates Private Limited entered a Joint Development Agreement with landowners to construct an apartment complex on 05 acres 16 guntas (2,35,224 square feet), with an agreed proportion of built-up area sharing.
The Bangalore Development Authority sanctioned the plan requiring the Builder to relinquish the area for two roads, dividing the property. The larger section was for apartment buildings, whilst a 1104.40 sq.mtr plot was allocated for Rain Water Harvesting Unit and Sewage Treatment Plant (RWHU & STP).
Sale agreements specified the Schedule ‘A’ property as the entire 5 acres 16 guntas or 2,35,224 square feet. However, the builder established the RWHU & STP within the apartment complex, deviating from the approved plan.
On April 3, 2018, landowners sought BBMP permission to construct an apartment complex with basement, stilt, ground plus three floors on 990.54 sq.mtr, where the RWHU & STP were originally planned.
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