[1]In exercise of the powers conferred by Section 69 of the Bangalore
Development Authority Act, 1976 (Karnataka Act 12 of 1976), the Government of Karnataka
hereby makes the following rules, namely.-- (1)
These rules
may be called the Bangalore Development Authority (Disposal of Corner Sites and
Commercial Sites) Rules, 1984. (2)
They shall
come into force at once. In these rules unless the context otherwise requires.-- (a)
"Act"
means the Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976); (b)
"Auction
Purchaser" means the person who has purchased a corner site or a
commercial site in the auction held by the Authority under these rules; (c)
"Commercial
Site" means any site formed in any extension or layout earmarked for
locating a cinema theatre, a hotel or restaurant, a shopping centre, a shop, a
market area and includes sites for locating any business or commercial
enterprises or undertaking but does not include any site earmarked for the
location of any factory or any industry; (d)
"Corner
Site" means the site at the junction of two roads having more than one
side of the site facing the roads. (1)
Whenever the
Authority, has formed an extension of layout in pursuance of any scheme, the
Authority may, subject to the general or special orders of Government dispose
of any or all the corner sites or commercial sites in such extension or layout
by auction in accordance with these rules. (2)
Due
publicity shall be given in respect of the corner sites or commercial sites to
be auctioned specifying their location, number, dimension and the percentage of
the highest bid amount to be deposited and such other particulars as the
Commissioner may consider necessary by affixing a notice to the Notice Board of
the Office of the Authority and any other office as the Commissioner may decide
from time to time and by publication in not less than two daily news papers
published in the City of Bangalore in English and Kannada having a wide
circulation in the City. (1)
The
Authority may reserve corner sites or commercial sites in any area for
allotment to any specified class of institution, body or corporation of the
City of Bangalore at such rates as the Authority may decide. (2)
Where the
corner sites or commercial sites are reserved under sub-rule (1) the procedure
to be followed for allotment of these sites shall, subject to the general or
special orders of the Government, be determined by the Authority. Notwithstanding anything in Rule 3, the Authority may allot any corner
site, which has not been notified under Rule 3 or reserved under Rule 4 and
which cannot on account of its size be treated as an independent site, to the
owner of the adjacent site: Provided that where the width of such site is.-- (a)
One-third
the width of the adjacent site or less, the sale shall be at such rate as the
Authority may fix; (b)
More than
one-third but equal to one-half of the width of the adjacent site or less, the
sale shall be for the average auction rate, the said rate being determined on
the basis of the rates at which sites have been sold at three previous auctions
in the locality in which such site is situated; (c)
More than
one-half of the width of the adjacent site the sale shall be by auction in
accordance with Rule 6 as if such site were an independent site. (1)
The
Commissioner or such other Officer authorised by the Authority to conduct the
auction sale, may fix the amount by which the successive bids may be raised. (2)
The Officer
conducting the auction sale shall have the right to accept or refuse any bid
without assigning any reasons. (3)
The auction
purchaser whose bid is accepted shall deposit twenty-five per cent of the
amount of his bid at once on the spot and pay the balance within forty five
days from the date of receipt of intimation letter as in Form I communicating
the confirmation of sale, in default of which the deposit of twenty five per
cent made by such auction purchaser shall be liable to be forfeited to the
Authority and the Authority shall be entitled to resell the site and in such an
event of resale, the defaulting auction purchaser shall be liable to make good
any loss suffered by the Authority on account of such resale. (4)
The
Commissioner may grant extension of time not exceeding ninety days for
depositing the balance of the bid amount. Whenever the amount is paid during
such extended period the auction purchaser shall also pay interest thereon at
eighteen per cent per annum and a penalty of rupees hundred and failing such
payment, the Authority shall be entitled to forfeit the deposit made by the
auction purchaser and resell the site at the risk of the auction purchaser. (5)
The site
which has been designed and auctioned as a unit shall not be allowed to be
split up into two or more sites without obtaining the previous approval of the
Authority. (6)
As soon as
the full amount of the purchase money is paid the auction purchaser shall
execute an agreement in Form II and thereafter he shall be put in possession of
the site and a possession certificate issued to him. (7)
The auction
purchaser shall be bound to comply with all the conditions in the agreement. (8)
[2][The auction purchaser shall construct a building on the site as per
plans and designs approved by the Authority and in case the site is within the
limits of the Corporation, in accordance with the buildings bye-laws of the
Corporation..] (9)
The site
shall be conveyed to the auction purchaser [3][only
after the possession certificate is taken]. The expenses on account of stamp
duty, registration fees and any other incidental charges in respect of the
conveyance shall be borne by the auction purchaser. The Authority shall have the right to confirm or cancel any sale in
auction without assigning any reason and when the sale is cancelled the amount
received from the auction purchaser as deposit shall be refunded to him. The City of Bangalore Improvement (Disposal of Corner Sites and
Commercial Sites) Rules, 1972 are hereby repealed: Provided that such repeal shall not affect the previous operation of the
said rules or anything duly done or any action duly taken under the said
rules. Site No. Formed by the Bangalore Development
Authority in Block in the Extension. Site bounded on: East by: West by: North by: South by: East to West: North to South: In token thereof the First Party has
affixed his signature to this agreement on the day of...........19..............in
the presence of the witnesses who have affixed their signature to this
agreement. Witnesses: SignatureBANGALORE DEVELOPMENT AUTHORITY
(DISPOSAL OF CORNER SITES AND COMMERCIAL SITES) RULES, 1984
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