Precautionary measures for roadside properties before purchase

[email protected] (Vivekananda Paniyala)
April 19, 2013
Cities are undoubtedly becoming cauldrons of development, demanding fast paced upgrade in the quality of existing roads. May it be the National highways or the State Highways or even Major District Roads, they have seen massive development, fuelling a sudden rise in the prices of the properties abutting them. There is a rush of the investors wanting to invest on these roadside properties which hold immense potential for development to yield higher returns.

propertiesHowever, extreme care and caution should be exercised before acquiring such properties given the kind of pitfalls that these properties pose and in some cases the investment may prove to be disastrous. Hence, it is advised that professional advice is sought while finalising such a deal. Factor that needs to be looked at while contemplating to purchase a roadside property is the vulnerability of the land for compulsory acquisition in case of widening of road.

This vulnerability is also coupled with several other factors like the affect of drainage, rain water storm construction, service lines like electricity underground cables, water pipelines, gas pipelines etc.

The common concerns are listed in a question format and answered as hereunder:

1. What are the general precautions to be taken while purchasing roadside properties?

In the case of vacant sites, make sure that the land is privately owned having clear marketable and valid legal title thereto. Many a times, the owners of small strip of road side properties encroach the road margin lands which is owned by the government left as “road margin” for future development. Over a long period of time, the adjacent private land owners have enclosed these lands by constructing compound wall and pose as if the same is in their possession. From the eyes of law, they are called as unauthorised encroachment and any length of time cannot legalise the same. It being a public property can be evicted summarily by the governmental authorities by invoking special laws and powers without paying any compensation. So, make sure that the property is excluded from road margin and for this purpose get the property measured by the well experienced and competent official surveyor having regard to the government survey documents like FMB etc. This will make sure that you are paying only for what is legally sold to you and not for road margin government land.

Secondly, in the case of buildings abutting to the road, even if they are built long back, still the land and the building remain unauthorised construction and they are liable to be demolished and no one can claim any kind of compensation even if the building has got door number, electricity supply and water connection. So, one has to make sure that the property being purchased does not include road margin lands, the ownership whereof is vested with the government.

2. How do I ascertain that the road side land under purchase does not belong to the government?

Carefully examine the title deed under which the seller claims right over the property and make sure that the boundaries mentioned therein tally with the physical condition and the same shall be read in conjunction with the survey sketch annexed to the title deed, if any. Also get the property measured by the official surveyors as provided under the survey laws and regulations. Make sure that the authorities who maintain the roads like the National Highway Authority, State Highway Authority or the PWD etc are consulted in writing about the same.

3. Is it sufficient if I take their opinion and verify the sketch available in these public authorities?

It is advised to take written opinion and seek their consent or no objection letter before acquiring such lands.

4. Do the authorities have an obligation to give the opinion in writing? How can I obtain the same?

Yes. They have an obligation to give correct reply. For this purpose invoke the provisions of the Right to Information Act, 2005 and the Rules framed there under by submitting an application along with the sketch depicting the actual condition of the site and seek specific answers for your queries.

5. Apart from road margin issue, are there any other aspects to bother about?

Yes. The issue of road widening is something that all investors have to look at critically. Almost all National and State Highway are getting upgraded , redeveloped under different models like PPP, BOP, BOOP etc. and these roads are being transformed from two lanes to four lanes and in some cases even six lanes. Hence, most of the roads are already in the process of land acquisition and some are under widening proposal. In the case of land acquisition being conducted, lands cannot be alienated and any such alienation will be null and void. Hence, make proper enquires with the special land acquisition officers who are in charge of the land acquisition for highway [Both N.H and S.H] and also the other officials concerned.

6. Where can I contact the Special Land Acquisition Officers?

It depends. However, the easiest way of finding such officers are by approaching the office of revenue authorities like Deputy Commissioners [ District Collectors ], Assistant Commissioners [ Sub Collectors ] and Tahsildars. Also, the National, State High Way authorities and specifically PWD’s. Local government surveyors can also throw some light on the same. So, never hesitate to approach all the authorities concerned. Unfortunately, there is no single office or nodal agency wherein you get complete information.

7. Does it hold good for roads inside the municipal limits also or only the National and State High ways?

Even the roads running inside the corporation and municipal limits are in the process of being widened and one can find the same in the city master plans being approved by the urban development bodies like BDA in Bangalore, MUDA in Mangalore in addition to Corporation and Municipal councils.

8. What are the other potential threats of which one should take note of before purchasing these road side properties?

Most of the investors are not aware of the fact that before constructing any building on the road side, even though in the private property, certain set back has to be left which varies from National Highway, State Highway and major District or Panchayath roads. It varies from 40 metres to 22 metres. The local planning Engineers will be in a better position to guide the buyers to take note of the Master Plans or CDP’s etc.

9. Is there any data bank or official publication available in this regard to study?

Unfortunately, most of the times, these publications [even official] are not readily available for citizens’ scrutiny. As the buyers go by the advice of real estate brokers than subject matter expert professionals like Advocates,  Planning Engineers, there is very little awareness on these aspects. Hence, every time, it is advisable to file an application under R.T.I specifically showing the details of the properties which are under consideration for acquisition by specifically mentioning the survey number, village, extent etc duly supported by approved survey plans. This forms important part of Due Diligence. What is important to note here is that only authentic and competent legislation and government orders having the force of law shall be looked into. Advocates are better professionals to be consulted in this connection.

10. Are there any other thing that we should be really worried about?

Yes. One should also take note of the service or civic amenities lines like water supply, underground electricity cables, drainage lines, storm water or rain water drains [ open or closed] as they will also have impact on the value and utilisation of the lands. On this, the local engineers will be in a better position to advice. So, it is just not enough to consult an Advocate on the legal and valid marketable title, but also involve the engineers and planners as the importance of taking opinion of multi level professionals is increasing.

The FAR or FSI issue can also be a major problem. This is determined by the developmental or municipal or regulatory bodies.  Though these are developmental aspects they do have direct bearing on the commercial and real estate value when the land is going to be resold or offered as security to banks or financial institutions at a later point of time. The local practising architects will be in a better position to guide as the same varies from location to location and street to street based on certain parameters like width of the road, nature or classification or zoning of the land etc.

11. What if the land is acquired for widening of road? Will I get compensation?

Yes. You will get compensation. It is a matter of legal and constitutional right. But, the compensation is determined on the basis of guideline value as fixed by the authorities. The real transaction value is hardly reflected in the deed of sale or title deeds. It is heavily undervalued to save stamp duty and in case of compulsory acquisition. In some cases, compensation is paid in Transferable Developmental Rights [TDRs], which is in the form of a certificate and one can realised the value only by selling the same in the open market. Mostly the builders are interested to buy. This is again in the clutches of real estate cartel and certain vested interests. Hence, compensation may not be adequate and commensurate to the loss of land.

12. What are the measures to be taken after purchasing the lands abutting to the public roads?

Firstly, enclose the property by constructing compound wall after obtaining license from the local authorities. Most of the people are under the impression that no license is required to build compound wall. This is important for protecting the property from encroachment and to also ensure that no one puts up any hutment or petty shops in front of your land blocking the road margin. It is better to put temporary fencing in-between your land and road margin to prevent unauthorised occupation of the government road margin land. Even though you will have absolute right to gain access to the public road from any point of your property, the enforcement thereof becomes extremely difficult once vested elements encroach the road margin land blocking your frontage. It is advisable to put up a small shed in the land and obtain door number for the same as that can give some practical benefits during land disputes and to establish your exclusive physical possession over the same in case of litigations or disputes or rival claims. It is not mandatory or absolutely essential but, highly advisable.

13. Who are the professionals who should be consulted in this regard?

Advocates, Chartered Accountants, Planning Engineers / Architects, Surveyors will be able to guide from different perspective.

14. Which are the departments one has to deal with generally?

National and State Highway Departments, P.W.D, local self governments life Municipal Corporations, Town Municipalities, Village Panchayaths and developmental authorities like Urban Development Bodies, Electricity Corporations, Water Supply, Drainage boards / departments etc.

Therefore, it is advised that  special care is taken while looking for properties abutting to the public roads. It is better to take the professionals to the site and closely examine the proposal from all angles and do not confine the importance to just pricing and legal documentation. This will save an investor from many future risks.

Paniyala

The writer is a Corporate Lawyer based in Mangalore. He can be reached at [email protected]

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Ram Puniyani
January 9,2020

‘Go to Pakistan’ has probably been most often used phrase used against Muslims in India. Recently in yet another such incident the SP of Meerut, UP has been in the news and a video is circulating where he, Akhilesh Narayan Singh, is allegedly using the jibe ‘Go to Pakistan’. In the video he is seen shouting at protestors at Lisari Gate area in Meerut, “The ones (protestors) wearing those black or yellow armbands, tell them to go to Pakistan”. His seniors stood by him calling it ‘natural reaction to shouting of pro Pakistan slogans. Many BJP leaders like Uma Bhararti also defended the officer. Breaking ranks with fellow politicians, Mukhtar Abbas Naqvi of BJP, criticised the said officer and asked for suitable action against him. Interestingly this is same Naqvi, who earlier when the beef related arguments were going on; had stated that those who want to eat beef can go to Pakistan.

Interestingly this is probably the first time that any BJP leader has opposed the use of this jibe against the Indian Muslims. True to the dominance of trolls who support divisive politics, Naqvi has been trolled on the issue. As such vibe ‘Go to Pakistan’ has been a strong tool in the hands of aggressive elements to demonise Muslims in general and to humiliate those with Muslim names. One recalls that when due to the rising intolerance in the society many eminent writers, film makers were returning their awards, Aamir Khan said that his wife Kiran Rao is worried about their son. Immediately BJP worthies like Giriraj Singh pounced on him that he can go to Pakistan.

The strategy of BJP combine has been on one hand to use this ‘go to Pakistan’ to humiliate Muslims on the other from last few years another Pakistan dimension has been added. Those who are critical of the policies of BJP-RSS have on one hand been called as anti National and on the other it is being said that ‘they are speaking the language of Pakistan’.

Use of Pakistan to label the Muslims and dissidents here in India has been a very shrewd tool in the hands of communal forces. One remembers that the ‘cricket nationalism’ was also the one to use it. In case of India-Pakistan cricket match, the national hysteria, which it created, was also aiming at Indian Muslims. What was propagated was that Indian Muslims cheer for Pakistan victory and they root for Pakistan. There was an unfortunate grain of truth in this as a section of disgruntled, alienated Muslim did that. That was not the total picture, as most Indian Muslims were cheering for Indian victory. Many a Muslim cricketers contributed massively to Indian cricket victories. The cricket legends like Nawab Mansoor Ali Khan Pataudi, Irfan Pathan, and Mohammad Azaruddin are just the few among the long list of those who brought glories for India in the field of cricket.

Even in matters of defence there are legions of Muslims who contributed to Indian efforts in the war against Pakistan all through. Abdul Hamid’s role in 1965 India Pak war and the role of Muslim soldiers in Kargil war will be part of Indian military history. There have been generals in army who contributed in many ways for the role which military has been playing in service of the nation. General Zamiruddin Shah, when asked to handle Gujarat carnage, does recount how despite the lack of support from local administration for some time, eventually the military was able to quell the violence in some ways.

During freedom movement Muslims were as much part of the struggle against British rule as any other community. While the perception has been created that Muslims were demanding Pakistan, the truth is somewhere else. It was only the elite section of Muslims who supported the politics of Muslim League and later the same Muslim League could mobilize some other section and unleash the violence like ‘Direct Action’ in Kolkata, which in a way precipitated the actual process of partition, which was the goal of British and aim of Muslim League apart from this being the outcome of ‘Two Nation theory’.

Not much is popularized about the role of great number of Muslims who were part of National movement, who steadfastly opposed the idea and politics which led to the sad partition of the subcontinent. Few excellent accounts of the role of Muslims in freedom movement like Syed Nasir Ahmad, Ubaidur Rahman, Satish Ganjoo and Shamsul Islam are few of these not too well know books which give the outline of the great Muslim freedom fighters like Khan Abdul Gaffar Khan, Maulana Abul Kalam Azad, Ansari Brothers, Ashfaqulla Khan.

Immediately after partition tragedy the communal propaganda did the overdrive to blame the whole partition process on Muslim separatism, this totally undermined the fact that how poor Muslims had taken out massive marches to oppose the Lahore Resolution of separate Pakistan moved by Mohammad Ali Jinnah. The whole Muslim community started being seen as the homogenous, ‘The other’ and other misconceptions started against the community, the one’s relating them to atrocities of Muslim kings started being made as the part of popular folklore, leading the Hate against them. This Hate in turn laid the foundation of violence and eventual ghettoisation of this community.

The interactive-syncretism prevalent in India well presented by Gandhi-Nehru was pushed to the margins as those believing in pluralism did not actively engage with the issue. The economic marginalization of this community, coupled with the increasing insecurity in turn led to some of them to identify with Pakistan, and this small section was again presented as the representative of the whole Muslim community.

Today the battle of perception is heavily tilted against the Muslim community. It is a bit of a surprise as Naqvi is differing from his other fellow colleagues to say that the action should be taken against the erring police officer. The hope is that all round efforts are stepped up to combat the perception constructed against this religious minority in India. 

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Prakash SS
 - 
Thursday, 9 Jan 2020

it is very much understandable if Pakistan is bad country our PM Namo would never visited without any invitation, that time Pakistan was good he prised their Mutton biriyani and Karak chai in pakistan. we feel something is wrong with our PM and his chelas. 

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Ram Puniyani
February 10,2020

Noam Chomsky is one of the leading peace workers in the world. In the wake of America’s attack on Vietnam, he brought out his classic formulation, ‘manufacturing consent’. The phrase explains the state manipulating public opinion to have the public approve of it policies—in this case, the attack of the American state on Vietnam, which was then struggling to free itself from French colonial rule.

In India, we are witness to manufactured hate against religious minorities. This hatred serves to enhance polarisation in society, which undermines India’s democracy and Constitution and promotes support for a Hindu nation. Hate is being manufactured through multiple mechanisms. For example, it manifests in violence against religious minorities. Some recent ghastly expressions of this manufactured hate was the massive communal violence witnessed in Mumbai (1992-93), Gujarat (2002), Kandhamal (2008) and Muzaffarnagar (2013). Its other manifestation was in the form of lynching of those accused of having killed a cow or consumed beef. A parallel phenomenon is the brutal flogging, often to death, of Dalits who deal with animal carcasses or leather.

Yet another form of this was seen when Shambhulal Regar, indoctrinated by the propaganda of Hindu nationalists, burned alive Afrazul Khan and shot the video of the heinous act. For his brutality, he was praised by many. Regar was incited into the act by the propaganda around love jihad. Lately, we have the same phenomenon of manufactured hate taking on even more dastardly proportions as youth related to Hindu nationalist organisations have been caught using pistols, while police authorities look on.

Anurag Thakur, a BJP minster in the central government recently incited a crowd in Delhi to complete his chant of what should happen to ‘traitors of the country...” with a “they should be shot”. Just two days later, a youth brought a pistol to the site of a protest at Jamia Millia Islamia university and shouted “take Azaadi!” and fired it. One bullet hit a student of Jamia. This happened on 30 January, the day Nathuram Godse had shot Mahatma Gandhi in 1948. A few days later, another youth fired near the site of protests against the CAA and NRC at Shaheen Bagh. Soon after, he said that in India, “only Hindus will rule”.

What is very obvious is that the shootings by those associated with Hindu nationalist organisations are the culmination of a long campaign of spreading hate against religious minorities in India in general and against Muslims in particular. The present phase is the outcome of a long and sustained hate campaign, the beginning of which lies in nationalism in the name of religion; Muslim nationalism and Hindu nationalism. This sectarian nationalism picked up the communal view of history and the communal historiography which the British introduced in order to pursue their ‘divide and rule’ policy.

In India what became part of “social common sense” was that Muslim kings had destroyed Hindu temples, that Islam was spread by force, and that it is a foreign religion, and so on. Campaigns, such as the one for a temple dedicated to the Hindu god Rama to be built at the site where the Babri masjid once stood, further deepened the idea of a Muslim as a “temple-destroyer”. Aurangzeb, Tipu Sultan and other Muslim kings were tarnished as the ones who spread Islam by force in the subcontinent. The tragic Partition, which was primarily due to British policies, and was well-supported by communal streams also, was entirely attributed to Muslims. The Kashmir conflict, which is the outcome of regional, ethnic and other historical issues, coupled with the American policy of supporting Pakistan’s ambitions of regional hegemony, (which also fostered the birth of Al-Qaeda), was also attributed to the Muslims.

With recurring incidents of communal violence, these falsehoods went on going deeper into the social thinking. Violence itself led to ghettoisation of Muslims and further broke inter-community social bonds. On the one hand, a ghettoised community is cut off from others and on the other hand the victims come to be presented as culprits. The percolation of this hate through word-of-mouth propaganda, media and re-writing of school curricula, had a strong impact on social attitudes towards the minorities.

In the last couple of decades, the process of manufacturing hate has been intensified by the social media platforms which are being cleverly used by the communal forces. Swati Chaturvedi’s book, I Am a Troll: Inside the Secret World of the BJP’s Digital Army, tells us how the BJP used social media to spread hate. Whatapp University became the source of understanding for large sections of society and hate for the ‘Other’, went up by leaps and bounds. To add on to this process, the phenomenon of fake news was shrewdly deployed to intensify divisiveness.

Currently, the Shaheen Bagh movement is a big uniting force for the country; but it is being demonised as a gathering of ‘anti-nationals’. Another BJP leader has said that these protesters will indulge in crimes like rape. This has intensified the prevalent hate.

While there is a general dominance of hate, the likes of Shambhulal Regar and the Jamia shooter do get taken in by the incitement and act out the violence that is constantly hinted at. The deeper issue involved is the prevalence of hate, misconceptions and biases, which have become the part of social thinking.

These misconceptions are undoing the amity between different religious communities which was built during the freedom movement. They are undoing the fraternity which emerged with the process of India as a nation in the making. The processes which brought these communities together broadly drew from Gandhi, Bhagat Singh and Ambedkar. It is these values which need to be rooted again in the society. The communal forces have resorted to false propaganda against the minorities, and that needs to be undone with sincerity.

Combating those foundational misconceptions which create hatred is a massive task which needs to be taken up by the social organisations and political parties which have faith in the Indian Constitution and values of freedom movement. It needs to be done right away as a priority issue in with a focus on cultivating Indian fraternity yet again.

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Ram Puniyani
January 14,2020

In the beginning of January 2020 two very disturbing events were reported from Pakistan. One was the attack on Nankana Sahib, the holy shrine where Sant Guru Nanak was born. While one report said that the place has been desecrated, the other stated that it was a fight between two Muslim groups. Prime Minister of Pakistan Imran Khan condemned the incident and the main accused Imran Chisti was arrested. The matter related to abduction and conversion of a Sikh girl Jagjit Kaur, daughter of Pathi (One who reads Holy Guru Granth Sahib in Gurudwara) of the Gurudwara. In another incident one Sikh youth Ravinder Singh, who was out on shopping for his marriage, was shot dead in Peshawar.

While these condemnable attacks took place on the Sikh minority in Pakistan, BJP was quick enough to jump to state that it is events like this which justify the Citizenship Amendment Act (CAA). Incidentally CAA is the Act which is discriminatory and relates to citizenship with Religion, which is not as per the norms of Indian constitution. There are constant debates and propaganda that population of Hindus has come down drastically in Pakistan and Bangla Desh. Amit Shah, the Home minister stated that in Pakistan the population of Hindus has come down from 23% at the time of partition to 3.7% at present. And in Bangla Desh it has come down from 22% to present 8%.

While not denying the fact that the religious minorities are getting a rough deal in both these countries, the figures which are presented are totally off the mark. These figures don’t take into consideration the painful migrations, which took place at the time of partition and formation of Bangla Desh later. Pakistan census figures tell a different tale. Their first census was held in 1951. As per this census the overall percentage of Non Muslim in Pakistan (East and West together) was 14.2%, of this in West Pakistan (Now Pakistan) it was 3.44 and in Eat Pakistan it was 23.2. In the census held in Pakistan 1998 it became 3.72%. As far as Bangla Desh is concerned the share of Non Muslims has gone down from 23.2 (1951) to 9.6% in 2011.

The largest minority of Pakistan is Ahmadis, (https://minorityrights.org/country/pakistan/) who are close to 4 Million and are not recognised as Muslims in Pakistan. In Bangla Desh the major migrations of Hindus from Bangla Desh took place in the backdrop of Pakistan army’s atrocities in the then East Pakistan.

As far as UN data on refugees in India it went up by 17% between 2016-2019 and largest numbers were from Tibet and Sri Lanka.  (https://www.un.org/en/development/desa/population/migration/publication…)

The state of minorities is in a way the index of strength of democracy. Most South Asian Countries have not been able to sustain democratic values properly. In Pakistan, the Republic began with Jinnah’s classic speech where secularism was to be central credo of Pakistan. This 11th August speech was in a way what the state policy should be, as per which people of all faiths are free to practice their religion. Soon enough the logic of ‘Two Nation theory” and formation of Pakistan, a separate state for Muslim took over. Army stepped in and dictatorship was to reign there intermittently. Democratic elements were suppressed and the worst came when Zia Ul Haq Islamized the state in collusion with Maulanas. The army was already a strong presence in Pakistan. The popular formulation for Pakistan was that it is ruled by three A’s, Army, America and Allah (Mullah).

Bangla Desh had a different trajectory. Its very formation was a nail in the coffin of ‘two nation theory’; that religion can be the basis of a state. Bangla Desh did begin as a secular republic but communal forces and secular forces kept struggling for their dominance and in 1988 it also became Islamic republic. At another level Myanmar, in the grip of military dictatorship, with democratic elements trying to retain their presence is also seeing a hard battle. Democracy or not, the army and Sanghas (Buddhist Sang has) are strong, in Myanmar as well. The most visible result is persecution of Rohingya Muslims.

Similar phenomenon is dominating in Sri Lanka also where Budhhist Sanghas and army have strong say in the political affairs, irrespective of which Government is ruling. Muslim and Christian minorities are a big victim there, while Tamils (Hindus, Christians etc.) suffered the biggest damage as ethnic and religious minorities. India had the best prospect of democracy, pluralism and secularism flourishing here. The secular constitution, the outcome of India’s freedom struggle, the leadership of Gandhi and Nehru did ensure the rooting of democracy and secularism in a strong way.

India so far had best democratic credentials amongst all the south Asian countries. Despite that though the population of minorities rose mainly due to poverty and illiteracy, their overall marginalisation was order of the day, it went on worsening with the rise of communal forces, with communal forces resorting to identity issues, and indulging in propaganda against minorities.

While other South Asian countries should had followed India to focus more on infrastructure and political culture of liberalism, today India is following the footsteps of Pakistan. The retrograde march of India is most visible in the issues which have dominated the political space during last few years. Issues like Ram Temple, Ghar Wapasi, Love Jihad, Beef-Cow are now finding their peak in CAA.

India’s reversal towards a polity with religion’s identity dominating the political scene was nicely presented by the late Pakistani poetess Fahmida Riaz in her poem, Tum bhi Hum Jaise Nikle (You also turned out to be like us). While trying to resist communal forces has been an arduous task, it is becoming more difficult by the day. This phenomenon has been variously called, Fundamentalism, Communalism or religious nationalism among others. Surely it has nothing to do with the religion as practiced by the great Saint and Sufi traditions of India; it resorts mainly to political mobilization by using religion as a tool.

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Ashi
 - 
Tuesday, 14 Jan 2020

If Malaysia implement similar NRC/CAA, India and China are the loser.

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