Bengaluru | 08 Jan, 2021 (8 months, 1 week ago)

Property Law

Issue with builder

We have one acre land surrounded by BMRDA approved villas. While construction, builder has aquired few guntas of our own land without our knowledge. Against this we have filed a case in civil court and court has ordered to leave the land which has been acquired by the builder. Now our query is we are plannig to develop 1 acre land by our own layout. If we make our own layout can third parties and us can use roads which are mainly connected from the main road to our land which are developed by the builder. If not able to use that roads according to law, and we are not willing to sell the land to the builder and also our land is located in the center of the present layout, kindly suggest.
Answers
19 Jan, 2021 | 19:10

Before forming an opinion, one might have to examine relevant records including the nature of your rights, the extent of right of ingress and egress you presently enjoy etc. It is also necessary and crucial to examine the Layout plan approval granted to the builder. Further under Section 32(5) of the Karnataka Urban Developer Act, there seems to be a requirement on a developer to transfer roads and other public works in a layout after the development to the Authority. In that case, the roads may not be the private property of the Developer. These aspects would require further scrutiny keeping in view the particulars of your case.


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