File complaint with BDA regarding unauthorised construction done in amenity  land

file an RTI  application if no action is taken on your complaint

You can also take legal proceedings for demolition of unauthorised construction

If your apartment management association has constructed a semi-permanent structure on Civic Amenity (CA) land that is still under the jurisdiction of the Bangalore Development Authority (BDA), there are definite legal implications. Here’s how you can proceed to potentially address this issue:

1. Understanding BDA's Role: The BDA has the authority to regulate constructions and ensure land use as per the designated plans. Any unauthorized construction on CA land is likely a violation of these plans.

2. Filing a Complaint: Residents who oppose the construction can file a formal complaint with the BDA. The complaint should detail the nature of the construction, its location, and how it violates BDA regulations or land use plans.

3. BDA Inspection and Notice: Upon receiving a complaint, the BDA is likely to conduct an inspection. If the construction is found to be unauthorized, the BDA can issue a notice to the association directing them to dismantle the structure.

4. Gathering Support: Since the move is opposed by the majority of residents, it would be beneficial to gather as many signatures as possible to support the complaint. This shows a unified stance from the community, which can have a stronger impact.

5. Legal Advice: It may also be advisable to consult with a lawyer who specializes in property or municipal law. They can provide guidance on the legal steps you can take and help draft the complaint to the BDA.

6. Association Meeting: Organize a formal meeting with the management association to discuss the issue and the community's opposition to the construction. Presenting a formal request from the residents for the dismantling of the structure during this meeting might also pressure the management to act responsibly.

By following these steps, you can initiate action to address the unauthorized construction effectively, leveraging both the authority of the BDA and the collective voice of the residents.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

1. Any construction in common amenity is illegal and liable to be demolished. Make a written complaint to bda with proof of photographs.
2. You can also submit a complaint to Deputy Registrar of Societies if the  association is registered against the  
3. If majority is against construction, pass a resolution for demolishing of construction. You can call gbm of members of society. Even can seek removal of mc. 

1.  If you are so sure that the civic amenity land has been violated by the management of association, complain to BDA with evidence. Send a registered post to BDA.

2.  BDA takes necessary action based on your documents.

As a member of the association you can yourself submit a complaint to BDA with evidence about this illegal structure and can request them to take necessary action to remove the structure which is against the interests of the members and also in violation to the prevailing law by encroaching the property gifted to BDA 

Before that you and other members who oppose this may give your objections in writing and keep the copy of the objection letter to enable you to attach them as evidence.

The complaint to the BDA also may be given collectively by all together.

Yes it can issue a legal notice 

Dear Client,

The Bangalore Development Authority (BDA) regulates and monitors the usage of Civic Amenity (CA) land, which is meant for public purposes like parks, playgrounds, and community centers. Since the CA land in your apartment complex is still relinquished to BDA, the management association does not have the locusstandi to construct any structure on it without obtaining prior permissionfrom the BDA. In fact, such unauthorized construction is illegal and can be challenged.

To resolve this problem, you can dothe following:

File a complaint with BDA: Write to the BDA office with a formal complaint on the unauthorized construction,attaching evidence like photos of the structure, a copy of the layout plan, and signatures of other residents opposing the construction.

Request for Inspection and Notice: BDA can inspect the site, and if it finds the structure illegal, may issue a notice to the association to dismantle it. BDA is empowered to compel the implementation of this and maydemolish the illegal structure, if necessary.

Engage a Lawyer: If the problemcontinues or the association does nottake action, you can go to a lawyerand have him or her file a case or seek an injunction to stop further construction on CA land.

Illegal construction on CA land is a breach of BDA rules, and the association can be held liable. Actingquickly through BDA and getting the majority of residents on your side will help your case.

- As per rule , the Association  shall  frame  rules,  regulations  and  procedures  for its common areas and facilities as well as frame guidelines of restrictions and measures designed to prevent the unreasonable and improper use of facilities and common areas  which  will  interfere  with  the  peaceful  occupation  of  units  by  respective  Owners  / Residents conducive to day to day living environment. 

-Further, no structure  of   any  kind  whatsoever  temporary  or   permanent  shall  be  erected  or fence/partition  put  up  on  any common  area or civil amenity land  that  may  obstruct,  or  impede  free movement in the event of an emergency of any kind. In addition, on the Limited Common Areas adjoining the ground floor flats 

- Hence, the construction of said structure in the civic amenity land by the association is itself is against the rule of Society Act , and further not taking the  consent from the flat owner , whose peaceful life being disturbed is also illegal.

- You can lodge your complaint before the BDA. 

In your case, since the Civic Amenity (CA) land is still relinquished to the Bangalore Development Authority (BDA)and remains under its jurisdiction, the construction of any structure on such land without prior approval from BDA is unauthorised and violates the law. Here's a detailed explanation:

Legal Position:

1. Ownership of Civic Amenity Land:

   • CA land relinquished to BDA remains the property of BDA, even if it is adjacent to or part of your apartment complex.
   • Any construction or utilisation of this land requires prior written approval from BDA.

2. Unauthorised Construction:

   • Building a semi-permanent structure without BDA’s permission constitutes a violation under the Bangalore Development Authority Act, 1976, and other related zoning or planning regulations.

3. BDA’s Authority to Act:

   • BDA has the authority to issue notices to stop unauthorised construction, demolish illegal structures, and take legal action against those responsible.

4. Bias in Apartment Management Association:

   • If the management association has acted without consulting the majority of residents or has violated the by-laws governing its actions, their decision can also be challenged legally.

Steps to Resolve the Issue:

1. File a Complaint with BDA:

   • You can submit a written complaint to BDA, stating:

     • The details of the unauthorised construction.
     • That the CA land is under BDA’s jurisdiction.
     • That the majority of residents oppose the construction.

   • Include any supporting documents, such as photographs of the structure, minutes of association meetings, or copies of the relinquishment deed.

2. Request BDA to Take Action:

   • Request BDA to issue a notice to the management association to dismantle the unauthorised structure.

3. Engage with Residents:

   • Convene a general body meeting to record the majority opposition to the construction and pass a resolution. This can strengthen your case and be submitted to BDA.

4. Seek Legal Assistance:

   • If BDA does not act promptly, you can consider filing a Public Interest Litigation (PIL) in the Karnataka High Court, highlighting the unauthorised use of CA land and seeking orders for the structure's removal.

Outcome Likelihood:

• 
  BDA Issuing Notice: BDA is likely to issue a notice to the management association to dismantle the structure if the complaint is valid and supported by documents.
• 
  Enforcement: If the association fails to comply, BDA can demolish the structure at its discretion.

Prepare a detailed complaint with evidence.

1. File it at the nearest BDA office or through their official grievance redressal portal (if available).
2. Follow up with BDA officials to ensure action is taken.

For assistance in drafting complaints or filing petitions, consult an experienced property lawyer to strengthen your position.
Thanks and Regards,

Advocate Aman Verma, Legal Corridor.

If the structure is unauthorised the BDA can issue notice and demolish the said structure.

Steps You Can Take

• 
  Gather Support: Document the opposition from other residents to strengthen your case when approaching the BDA.
• 
  File a Complaint: Submit a formal complaint to the BDA, including details of the unauthorized structure, its impact on civic amenities, and any relevant documentation.
• 
  Follow Up: Keep track of your complaint and follow up with the BDA to ensure it is being addressed.