THE BOGUS CLAIM BBMP INTRODUCED B-KHATA, COMMISSIONER TERMS IT BOGUS.

Firoz.T.Totanawala

The Bangalore Metro Reporter

15th July 2011 issue-

                                         THE BOGUS CLAIM

BBMP INTRODUCED B-KHATA, COMMISSIONER TERMS IT BOGUS.

The other day, the BBMP Commissioner Siddaiah made a shocking revelation that the B-khatha given by the BBMP for revenue sites are bogus and have no legal backing! This statement of Siddaiah has shocked more than five lakhs BBMP revenue site owners, who have obtained B-khatha from the BBMP after paying house tax.

Well, Siddaiah may have dubbed the B-khathas as bogus, but then, what action did he take to stop this bogus business?

It may be recalled that the B-khathas were introduced by the BBMP itself. On 25.08.2009, the then Commissioner Bharathlal Meena issued a circular outlining the procedure for issuing khathas - both regular and B-khatha. He stipulated that properties which are legal and eligible for assessment had to be entered in A-Register and properties which are not legally assessable had to be entered in B-Register.  It is the extract of the ‘B’ Register that is known as B- khathas!

Bharatlal Meena had clarified that properties under Gramathana, converted lands with single unit, approved layouts, BDA, KHB, properties with approved plans from BBMP, Ashraya sites etc. distributed by the Government to the weaker sections etc. will have to be brought under A-Register. The revenue properties which does not have any of the above elements had to be recorded in B-Register with a house that can be registered in B-Register.

While registering revenue properties in B-Register, sufficient care is required to ascertain the ownership of the same through sale deeds etc. in favour of the owner. Precaution is needed to verify the documents so as to prevent Government/public lands getting entry in the B-Register. And the property tax also has to be assessed for all properties entered in the B-Register, most importantly as per the existing rates. This means that property owners in B-Register has to pay same tax as that of A

Even with regard to revenue properties, the circular laid down several conditions like not entering revenue properties of more than 6000 sq ft in B- Register. The only exception in this stipulation is the fenced agriculture land Register entrants.

Arguably, the idea behind the introduction of B Register was to levy the property tax from the revenue properties which were provided with basic civic amenities like Roads, drainage, water, electricity etc. In fact, it was specifically clarified that the B-Register entry does not provide any right, title to the properties. It was meant to recover a part of the money spent by BBMP to provide civic amenities which the revenue property owners enjoy ‘free of cost’ all these years. It is no secret that these revenue properties can be legalised only after Akrama - Sakrama scheme is introduced which is a remote possibility as on now.

It is another matter that B-khatha extract can be obtained by paying a fee of Rs.100. However, khatha certificates are not given to these properties and only B-Register extracts are issued. It is this B-khatha extract that is accepted by the Sub Registrars for registration. Here the Sub Registrar has no role to play except registering the documents with B-khatha extracts. It is for the BBMP to accept the registered deed for change of khatha. On the face of it, the BBMP can not change the khatha of the property with B-khatha. But the hard fact is that BBMP officials are effecting the change of khatha in respect of B-Register extracts.

Of course, the circular has stipulated that revenue properties with less than 4000 sq ft. can be given entry into the B-Register by the ARO with the written approval of the RD (except in apartments). For properties above 4000 sq ft, the same has to be brought into the B-Register by directly submitting the file to the DC for approval. All these logically imply that a lot of thinking has gone into before introducing B-Register.

But, all of a sudden, the present commissioner Siddaiah has termed the B-khathas as Bogus! It is to be reminded that two months back, the same BBMP had asked the revenue property owners to pay up property tax with arrears from 2008-09 till date by getting an entry into B-Register! What was Siddaiah doing then? Why did he not clarify at that time itself that B-khathas are bogus? After keeping quite for more than two years after the circular was issued on date 25.08.2009, Siddaiah suddenly proclaims that B-khathas are bogus! It is time the commissioner Siddaiah explain his B-khatha ‘Bogus’ stand.