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Apartment owners wake up to a demolition

Comments Off on Apartment owners wake up to a demolition   |   March 8, 2014    11:36am   |Contributed by manoja

BANGALORE: It was 6.30am on Tuesday and many residents of Sobha Garnet, an apartment complex on Outer Ring Road, were asleep when a huge commotion outside woke them up. There were bulldozers, a police vehicle and media at daybreak outside their apartment. The compound wall, they were informed, was on encroached land and therefore had to be razed down.

Sobha Garnet was one among the many buildings, portions of which were razed down by civic authorities, allegedly standing on encroached land of Iblur lake. According to officials, Shobha Garnet has four guntas, Sun City five guntas and Sunshine seven guntas which are encroached land.

“The Iblur lake that existed on the survey no. 36 was spread across an area of 18 acres and 6 guntas, but the area has been reduced to 7 acres and 32 guntas. There were 17 encroachments on the lake bed that include the premier developer Sobha, Sunshine, Sun City and Joseph Associates. There was a temple, private school, tennis court, hoardings, a commercial complex, road, apartments, sump besides a lawn, garden and underground water storage tank,” Bangalore Urban deputy commissioner GC Prakash said.

While the compound walls of Sun City and Shobha Garnet were being brought down, a few feet of a commercial complex on the same lane was also razed. There was stiff resistance from the residents as emotions flared up at the scene. Women stood in front of bulldozers before they were pushed aside by police. Arguments continued with residents saying they were given a notice only on Monday evening. Most of them had to skip office to stay at the apartment and watch the proceedings as the bulldozer razed down the wall and uprooted the palm trees planted on the side.

“It is our earning of a lifetime. It is our home. It is our life. They cannot do what they want with us and not keep us informed,” said Dr Premlataha T S, a doctor at St Johns Hospital residing in Sobha. The apartment also has a water tank along the compound wall for which it has been given five days time. The 12-year-old building has around 87 apartments in the complex, including that of Infosys managing director Shibulal and international hockey player Ashish Ballal.

Prakash added that there are documents to prove that the developers and others had taken permission and sanction from BDA, BMRDA and BBMP, but many of them deviated from the sanctioned plan of the civic authorities and nobody had obtained clearance from the revenue department.


We have A khata for our apartments. Why were we given a khata if it was illegal? If we cannot trust a khata, what else will we trust?

How could they build a BDA road if it was on encroached land?

Vaibhav Parikh, a lawyer and resident

We decided to buy an apartment instead of building an independent house to be free from all legal issues. We thought a reputed builder can give us a place which has no such problems

Shashi Patil, education consultant

“We have been staying here for 12 years. We have paid all taxes. We have been dutiful citizens. Now we are in a fix. We don’t know whom to trust-the developer or the tahsildar. This has come as a shocker. We see our home being razed down. The trees we have planted are uprooted in a jiffy, ” – Manjula Senthil, tax consultant.

This is my home. I have been here since I am three. And now I am watching it being torn down. My friends are having exams. All of us are disturbed

Karthik Krishna, a student

We are totally exposed to the outer world now. What is the security we have now? Our water sump and fire control system is also under threat. These are the basic things we require here.” –

Ashok Ramaswamy, president of resident’s association

“This is more of a shocker than anything else for me.

Till the day before we were clueless. Some 100 policemen came and there were orders to hit us if we came near the demolition. We were totally unaware. The notice has gone to developers rather than owners. And

It was careless of developers to take it easy. It shows them in a bad light. We have now asked Sobha to sort it out

Ashish Ballal, international hockey player.

“Shobha Garnet has four guntas, Sun City five guntas and Sunshine 7 guntas which are encroached land.

The encroached areas will go to BDA for maintenance of lake. It is natural that nobody will accept mistakes after committing it. How could they say they were not informed about it when they have already approached high court for it? The eviction notice was sent in November. We cannot keep going to all houses and inform them. The notice was given and a verbal intimation also done

B R Dayanand, tahsildar, South taluk


Arbitrary and illegal: Sobha Properties

Sobha Developers Limited, in its defence, termed the demolition arbitrary and illegal. It said Bangalore South taluk tahsildar’s action contention that it had encroached upon 4 guntas of lake land was in contradiction with the survey sketch prepared and available on their records. It said the owners had challenged the validity of the notice before the high court. The high court disposed of the matter directing aggrieved parties to appeal before the assistant commissioner, who in turn directed a fresh survey by the tahsildar. It claimed that the tahsildar, without hearing the owners or providing them with the survey report, went about the demolition without giving a notice on it.

Sobha Developers Limited (‘SDL’) having developed and sold the residential apartment building named ‘Sobha Garnet’ situated on the ORR, Sarjapur Road.

Sobha Garnet consists of Basement, Ground plus Seven Floors and comprising of 87 apartments on all that piece and parcel of the land bearing Survey No. 38/2B, situated at Ibbalur Village, Agara Panchayat, Begur Hobli, Bangalore South Taluk, Bangalore, measuring 1 Acre 23 Guntas (‘Property’) based on a Plan Sanction bearing P.S/EM/TA-3/E/02-1999-2000, dated 17.11.1999 and an Occupancy Certificate bearing No. BDA/EM/TA-3/T-101/2002-03 dated 05.03.2003 issued by the Bangalore Development Authority, Bangalore.

The Tahsildhar, Bangalore South Taluk, Bangalore, by a Notice bearing No. NCR/CR/658, 801-809/09-10, dated 26.11.2013, alleged that SDL had encroached 04 Guntas of land bearing Survey No. 36, situated at Ibbalur Village, Begur Hobli, Bangalore South Taluk, Bangalore, in contradiction with the Survey Sketch prepared and available on their records.

Similary, Notices were issued to the other Owners in the said locality. SDL and the other Owners challenged the validity of the above Notice, before the Honourable High Court of Karnataka, Bangalore that came to be disposed by the High Court vide its Order dated 05.12.2013, with a direction that the aggrieved parties could prefer an Appeal before the Assistant Commissioner, the above Notice was kept in abeyance till then and that it was categorically specified that the procedures laid down under Law cannot be bypassed.

Pursuant to the above Order, appeals were filed before the Assistant Commissioner, Bangalore South Sub-Division at Bangalore that came to be allowed vide an Order dated 06.01.2014 with a direction that the Owners be present before the spot on 17.01.2014 at 10.00 a.m., for conducting a fresh survey by the Tahsildhar, Bangalore South Taluk, Bangalore and with a liberty to the Owners to place their version along with the relevant documents to the Tahsildhar, Bangalore South Taluk, Bangalore and directed the Tahsildhar dispose of the said proceedings in accordance with Law.

The Tahsildhar, Bangalore South Taluk, Bangalore, thereafter, without complying with the orders of the High Court as also the Asst Commissioner and without hearing the Owners or providing them with the Survey Report, has on 04.03.2014, after pasting a Notice dated 01.03.2014, along with the Police and Media, illegally demolished the alleged encroached portion of 4 Guntas by SDL, thereby causing threat to the life and by causing damages to the limb and assets of the Owners who are residing in the above apartments, in a manner which is not contemplated under Law.

No notice of demolition was given to us by the Tahsildhar. The aforesaid Authorities have carried out demolition activities on the other properties following the same procedure. Such, arbitrary and illegal acts committed by the Authorities need to be condemned.


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