akrama_sakrama_2014

16
Rlffl No. IIARBIL/2OO L / 4T L4Z qrorJ - rv-A Part - fV-A *WH*ww@ sded DB"$ dgd T]RBAN DEVDLOPIIIDNT SECRETARIA'T | _ NOTIFTCATTON No. IIDD EE6 MyApRa z0tg(t), Bangalore, Dated: Za-AS_zOta whereas the draft of the Kamataka Town and country planning (Reg'larisation of unauthorized Developme'nt or constructions) Rules. 2ol,s, was published as requfed by section 76FF read with sectiott 74 of the Karnataka Town ancl country planning Act, rg61 [Karnataka Act ll of 1963) in notification No'uDD 556 MyAPRa 2013, dated st.lzJzots in part rv-A of the Karnataka Extraordinar5r Gazette dated 31.12.2013 inviting objections and suggestions fi.om a, persons likely to be affected ttrereby within thirby days from gre date of its publication in official Gazette. And whereas the saicl Gazette was made avairabre to public on 3l .L2.2,,1g. And whereas objections and suggestions have been received and considered by the state Government. Now' ttlerefore, in exercise of the powers cor, .erred by section 76FF and readwith section 74 of ttre Karnataka Town and country Planning Act, 1961 fKarnataka Act 11 of lg63), the Government of Karnataka hereby makes the fonowing rules namelv:_ RUIIDS 1' Title and cotnrnencement'- (1) These rules may be called the Karnataka Town and country Planning {Regularisation of unauthorised Development or constructionsJ Rules, 2014. (2) They shall come into force from the date of their publication in the offlcial Gazette. (3) They siralt apply to all unauthorised development that have come up on or after the date of approval of the first Master Plan of r."f."i* ciues or towns, but before the date of 19'n October, 2OlS. !. [sffnitions.- In these mles, u'less tree context otherw-ise requires,_ (l) "Act"meanstheKarnatakaTownandcountryplanningAct, lg6l{KarnatakaAct ll of 1e63); (2) "Appeltate Authority" means, the Appellate authorities speciffed below to hear the appears against t}Ie orders passed by thecompetent Auttroritv, namelv:- (i) F.or Bruhath Bangalore Mahanagara plalike: (ii) f'or Bangalore Development Authoritv: and c,OOtiOOr. zuAdA , dDe -leJ, -sons ld'e{ e, U* A*r cts..aal :qaesl4 (ryg=lF z, SUaAa Varsha 1936) do. At]O No. 340

description

akrama sakrama for bangalore properties

Transcript of akrama_sakrama_2014

  • Rlffl No. IIARBIL/2OO L / 4T L4Z

    qrorJ -

    rv-APart

    - fV-A

    *WH*ww@sded DB"$ dgd

    T]RBAN DEVDLOPIIIDNT SECRETARIA'T|

    _

    NOTIFTCATTONNo. IIDD EE6 MyApRa z0tg(t), Bangalore, Dated: Za-AS_zOta

    whereas the draft of the Kamataka Town and country planning (Reg'larisation ofunauthorized Developme'nt or constructions) Rules. 2ol,s, was published as requfed by section76FF read with sectiott 74 of the Karnataka Town ancl country planning Act, rg61 [Karnataka Actll of 1963) in notification No'uDD 556 MyAPRa 2013, dated st.lzJzots in part rv-A of theKarnataka Extraordinar5r Gazette dated 31.12.2013 inviting objections and suggestions fi.om a,persons likely to be affected ttrereby within thirby days from gre date of its publication in officialGazette.And whereas the saicl Gazette was made avairabre to public on 3l .L2.2,,1g.And whereas objections and suggestions have been received and considered by the stateGovernment.Now' ttlerefore, in exercise of the powers cor, .erred by section 76FF and readwith section 74of ttre Karnataka Town and country Planning Act, 1961 fKarnataka Act 11 of lg63), theGovernment of Karnataka hereby makes the fonowing rules namelv:_

    RUIIDS1' Title and cotnrnencement'- (1) These rules may be called the Karnataka Town andcountry Planning {Regularisation of unauthorised Development or constructionsJ Rules, 2014.(2) They shall come into force from the date of their publication in the offlcial Gazette.(3) They siralt apply to all unauthorised development that have come up on or afterthe date of approval of the first Master Plan of r."f."i* ciues or towns, but before the date of19'n October, 2OlS.!. [sffnitions.- In these mles, u'less tree context otherw-ise requires,_(l) "Act"meanstheKarnatakaTownandcountryplanningAct, lg6l{KarnatakaAct ll of1e63);(2) "Appeltate Authority" means, the Appellate authorities speciffed below to hear theappears against t}Ie orders passed by thecompetent Auttroritv, namelv:-(i) F.or Bruhath Bangalore Mahanagara plalike:

    (ii) f'or Bangalore Development Authoritv: and

    c,OOtiOOr. zuAdA , dDe -leJ, -sons ld'e{ e, U* A*r cts..aal

    :qaesl4 (ryg=lF z, SUaAa Varsha 1936)do. At]ONo. 340

  • 2{iii) For Bangalore-Mysore Infrastructure corridor Area planning Authority, theH'fi TJ,tTf;fi SJ"Tiillf:u"*'MetroporitanRegion".".i"o-lii"c*"-.,

    t :Lffi::,::::";,:"*g corporailons (other than Banga.lore), the respective Regionar

    tbl For other urban Development Authorities, pla'ning Authorities a'd Municipalities, theDeputy comnrissioner of the concernea aist lct. shall be t].e appellate Authority;(3) "arcutect /Engineer/Town Planner" means and incrudes a qualified Architect/civirEngineer/Town Planner, who has been registered under concerned urban Local Body;(4) "competent Authority" means, the Authority competent to scrutinise the appricationsfor regularisation and pass necessary orders, namely:-(i) In respect of land use violation and unauthorised development of layouts,/sites, thecompetent authorit5r shail be the commissioner

    "r the concerned urbanDeveloprnent AuthoritSr or Member Secretaqz of the concerned planning Authority;tD rn respect of unauthorised development of buildings fa[ing outside the limits oflocal authority but within the local planning area, the competent authority shall bethe commissioner of the "o.r""rrrld lrtt;;;;;;, Authority or MemberSecretar5r of the concerned planning authority; and(iii) In respect of unauthorised development of buildings falling in t]-e limits of rocalauthority and within th^e local planning area, the competent authority shalr be thecommissioner/chief officer of the concle.n"a local authority.(5)

    'rMarket value" means the market value determined as per the guidance value of land in:#*Tr:: #*#: ;;:'"

    4bB or the Karnataka stamp act, rlsz as prevating on trre(6)

    "Section" mearls secUon of tl.e Act;(7) "struetural Engineer" means and includes a qualified civil Engineer specialised instructures' who has been register-ed under the concerned urban I-ocal Body;(8) ;ru:rHTn"T:""p8'ent" means the development carried out under the fouowing{i) "unapproved and violated development" means the deveropment made withoutobtaining prior approval fiom the co*p.tent Authority and also in violalion ofMaster plan and ZonalRegulations; and(ii) "Approved and violated developme't' means the de'eropment carried out afterobtaining approval Ilom the competent Authority but made in violation of Masterplan and hnal Regulations.(iii) 'unapproved and Non-violated development" means the development ca'ried outwithout obtaining prior approval flom tl:e competent Authority but, thedevelopment carried out i'accordance with Zonal reg'lations.(9) "urban Areas rnfrastructure Development fala.6rr means the frrnd established forcrediting all proceeds collected through regularisauon by ttre competent Authorifr for thepurposes specified in sub-section (16) of sectio' 76FF of the Act.3' Types of unauthorized developments eligible to be regprlarised and conditions forRegurarization'- [1) subject to section 76FF of the Act the following kinds of unaut]roriseddevelopments are eligible for r:egulariza5on, namely:_(a) Land use violations in contravention to Section 14 and l4-A of t].e Act;h) unauthorized sub-divisions in contravention to secti an rz of the Act; a'd(c) unauthorised development of buildings in contravention to section 14 and 15 0f t].e Act.(2) All buildings which are completed with occupation cerLificate or pID Numbers or doornumber issued shall a-lso be eligible for regularisation under these rules.

  • 34' unauthorised development not eligible for regglarization.- {l) No unauthoriseddevelopments shal be regurarised in the folowing cases, if it is made,_(a) on land abutting to storm water drains, tank bed areas, river course or beds andcanals or below the high tension electric line including the land or building wtrich isfailing in the buffer zones of drains, nala, river course etc. as specified in therespective Zonal Regulations ;h) In ar-eas where land uses have been reserved for park, open spaces and play groundsand public or semi public activities in the respective Master plans and developmentshave been made in contravention of the same.{c) on lands earmarked for parks or civic Amenity in approved layouts;(d) in basement or usage in contravention of bye law/Tnrttngregulations;(el in Molation of parking spaces in contravention of Approved Building plan; and(f) he agricultural zone of approved Master Plan or Green Belt area declared under theKarnataka I"and Revenue Act, 1964.

    Provided that only uses that are permitted under permissible uses and under speciarcircumstances in agricultural zone of respective Master plan may be regularized. Buildingsconstructed in such uses in accordance with the norrns prescribed for buildings in Agriculturalhne of respective zoning Regulations may be considered for regularising such buildings violations.(2) where No objection certificate [Noc) or clearance certificate fiom the Department ofFire and Emergency services for any building is prescribed in the 7-onalRegulations (applicable atthe time of approval) fire protections measures as prescribed in the 7-,ol,JJryRegulations shall beprovided and a cerLtftcate to t].at effect from the conce.ned authority shall be produced.(3) No unauthorised development shall be regularised u'ress ttre owner hands over theportion of the plot required for alignment of roads o. *a...ir.g of roads as per the approved MasterPlan, by relinquishment deed.5' Reg;ularisation of chtnge of r,and use.- Regularisation of Development of buildings withLand use violations shall be subject to t]"e foltowing

    "oidroo.ru, namely,_(i) Land use violation shall be examined with reference to ttre Master plan as in force atthe time of regularisation.(ii) change of Land use shall not be permitted in lands reserved for parks and openspaces' roads' agricultural purpose, unless such exemption or specific provision ismade in the Master plan or ?^ngR-,gu1ations.6' Conditions for reg;rrlarisation of unauthorised sub-division of land/plot.- Regulation ofunauttrorized sub-division of land/plot shall be subject to following condition, namely:-(1) onry individual plot shall be considered, for regr-rlarisation which is registered before ttredate of t9u October, 2OlS .

    (2) No unauthorised subdivision or layout which does not have a-ccess to public road shall beregularised.7' conditions for regularisation of setback violations"- (l) The setback violations againstthe approved plan but within the provisions of zorfingRegulations or Building Byelavrs or Thansferof Development Rights (TDR) rules may be regulariu.a o., payment of difference of prescribed feeunder section lB of the Act.(2) setback violations shall be calculated based on t-]'e percentage deviations made on eachside aga-inst approved plan or as prescribed in the zonaJRegulations.

    (31 The setback violations shall be calculated except open chajja or Balcony. Buildingsconstmcted by violating the road widening line (mentioned as buildins line in certain znntngRegulations) shali not be considered for regularisation, unless the portion of tlr.e building projectedbeyond the road widening line is derrolished.

  • 48' conditions for regularisation of floor area violations.- (1) The floor area of the excessbuilt up area constructed against the approved plan /perrrrissible TDR sha,, be consideredseparately for calculating ttre percentage of violations. Arry a-reas exempted from Floor Area Ratio(hereinafter referred to as FAR) in the approved plan, such areas shall not be taken in toconsideration for deriving percentage of vioiaUon(2] FAR violations against the approved plans but within the provisions of 7-oningRegulations or building byelaws may be regularised ton furnishing as built pran and) on pa5rment ofdifference of prescribed fee under section lB of the Act subject to limitauons specified insection 76FF.9' Persons eligible to apply for reggularization.- The applicant shall be the owrrer fiointly orseverally) or an authorised representative of the owners or the association of owners.1o' wide publicity for receiving appucations.- (i) wide publicity of ttre contents of theserules shall be given to the public informing details about the verification a'd implementationprocedures involved.(2) The competent Authority shall set up adequate number of receiving centres at variouslocations within its jurisdiction to receive application pertaining to the scheme. Ttre competentauthorit5z may also make necessary arrangements for fiIing online application for regularisation byself declaration.(3) To ensure effeclive implementation of the scheme the competent Authority may conductorientation training for ofEcers and staff to be assigned with t]:e work of scrutiny of applicailon. Thecompetent Authority may also conduct orientation training for consulting Architects/Engineersll' Application for Regularisation.- (1) The application in Form

    -I for regularisation underthese rules shall be ffled by a person who is entitled to it to the competent Authoritlr concernedwithin one yea-r from the date of notification made by Government calling for application along withthe calculated fee on self assessment subject to palrment of shortfati if any inumated by thecompetent Authority and document specified below.(2) Details related to regularisation of land use violation, unauthorised sub division of plot/layout and unauthorised development of buildings shall be entered in t.l.e respecuve portions of theapplication form.(3) Every applicant who desires to get his unauthorised development regurarised shallsubmit the application along with copies of the following documents, namely:_(i) Tifle Document;(ii) RTC/Khatha;(iii) subject to sub-rule (6) of mle 16, NA conversion order with sketch (exemptedin case of development made in non_converted lands);(iv) survey sketch from Revenue department/sketch of urban property ownership

    record:(vJ

    (vi){vii)

    Site plan showing details of ttre surroundings (with survey nos.), details ofabutting roads, buildings therein, services provicred (power suppry & watersupply wittr respective bills, Under Ground Drainage {UGD) connection);Key plan or I-ocation plan;Photograph of deveropment (minimum of 4 nos. from d.ifferent sides showing allerternal details of development); and(viii) Approved layout or Building plan (whichever appricable).Note: If approved layout or build-ing plan is not made available by the applicant, theconcerned authority sha-ll scrutinize the Layout or builcling plans based on the applicable znnaJRegulation at the time of obtaining the approvar {based on the date of license number or doornumber produced by the applicant) if license number or door number is not produced by theapplicant the development shail be treated as unauthorised deveropment and the regularisation feesshall be levied accordingiy.

  • 3(ix) Site Plan or Building plan showing the derails of unauthorised developments'authenticated by Architect or Engineer (if this document is not ready at thetime of application, the same can be submittedlater, but before the scrutiny.(4) while making application under sub-rule {1) the applicant shall pay scrutiny fee andRegular fee payable along with regularisation fee calculated on self assessment subject to palrment

    of shortfall, if any, intimated by the Competent Auttrority, subject to final decision in respect ofpendency of any case before Tribunal, Civil Cdurt, High Court any other Court or any order orjudgments passed by atry such court, or Tribunal in respect of such property.(5) The owners of all "Un-authorised development" made during the period eligible forregularisation shall mandatorily apply for regularisation under these rules.

    12' violation after sub'nission of application.- During veri{ication if it is found that theapplicant has undertaken further additions or extensions to the existing building, then suchapplications shall be rejected, duly forfeiting the entire regularisation amount rnd ,rJ""""ary legalacUon may be initiated against the owner of the building.

    13. Procedure for reglularisation.- Applications shall be scrutinised inprocedure, namely:- the following(t) on receipt of application for regularisailon, tfie Competent Authority shall scrutinise the

    application on first-in first-out (FIFOI basis.(2) The Competent Authorities may also utilise the serrrices of as many offi.cers a1d staffincluding Technical personnel, namely, Architect or Engineers or Town planners to bke up scrutiny

    and inspection as may be required for the scrutiny.(3) Irr case of joint ownership of the development, the competent Authority may issue notice

    to tl.e owners, if atry' who have not joined the application for regularisation, informing the status ofthe application.(4) while scrutinising the application, the Competent Authority may issue notice to ilre

    applicant for any incomplete details provided or for any clarifications required. If the applicant is theowner of a single or few premises in the building having muluple premises, the competent authoritymay issue notice to the owners or association of owners, if required for any details.

    14' Sequences of scnrfinising the application.- (1) The Competent Authority shallscrutinise the application for different types of violated or unauthorised development, i1 thefollowing sequences, namely:-

    (a) Land use violation:(b) Unauthorised sub division of plot or layout (converted and non converted); and(c) Unauthorised development of building.Provided that if land use violauon is not eligible to be regularised as per these rules, thedevelopment under clause h) and (c) for that property shall not be scrutinised or regularised..

    sirnilarly if the development under clause {b) is not eligible to be regularised as per ttrese rules, thedevelopment under clause (c) for that property shall not be scrutinised or regularised.

    (2) Application related to land use violation and unauthorised sub division of land (withinmunicipal limits) only, shall be forwarded tcl the concerned Urban Development Authority orPlanning Authority for clearance. The Urban Development Authority or planning Authority aftercollecting statutory fee as prescribed in ttre Act from the applicant in addition to the fee prescribedunder these mles, shall forward the opinion or cleararrce to the .Competent Auttrorit5r. TheCompetent Authority after receiving the clearalce from Urban i)evelopment Authority or pianningAuthorit5r shall process ald dispose off the buildings violations accordingly.

    (3) Applicauori"related to reguiarisation of unauthorised deVelopments beyond municipallimits and within the Urban Development Authority or Planning Authority limits shall be processedin accordance with these rules and the Competent Authority shall take necessary steps to processand dispose t].em either in consultation wittr l-ocal Authority or otherwise.

  • 6(4) The competent Authority shall give an opportunity to the applicant of being heard and toproduce documents' if any, in support of his claims, in the event of any d.iscrepancy between theclaims made by the applicant and ttre scrutiny reporl. The competent Authority shall on completionof the enquiry, pass a provisional order in Form_II.(51 After scrutinising the application, the competent Authority shall prepare a scrutiny reportin the 'prescribed forms for difflerent t1'1pes of unauthorised developments made (including feespayable if such deveropments are eligible for regularisation), ur4u(; turcruutrlg rl(6) The competent Authority shall intimate t-I-e applicant for payment of shortfall inregularisation fees (for different types of unauthorised developments) and ottrer fees or charges, ifanv within such time limit, but not later than ninety 4"v", h" -*;;;';;;; therein, or reject theapplication as the case mav be.

    on ttre shortfall of regularisation fees and other fees or chargesfiom tl.e last date eligible for filling apprication up to flre date of(B) The applicant after remitting the amount as per the provisional order made under sub-rule (4) shall inform tJre competent Authority regarding the remittance or complia'ce.(9) If the application for regularisation is rejected, the competent Authority shall, pass anorder in form rV for rejecting the application for regularisalion stating he reason for rejection.(ro) In case' ttre application for reguJarisation is rejected, the fees remitted by the applicant,if any' on his self assessment shall be refunded (exciuding scmtiny fee) to the applicant withoutinterest vrithin sixty days.

    (r r) on remittance of the shortfallJn regularisation fees by the applicant, along with interest,if appticable' the competent Authority shall issue Regurarisation ceruficate in Form- Itr for thedifferent types of unauthorised developments.15' Appeal'- (l) Any applicant aggrieved by the order passed by ttre competent Authorityunder sub-mle (9), of rure 14 may prefer an appeal to the Appellate Authority.(21 AII appeals shall be disposed off, as for as possible, within three months from the date ofreceipt.16' Regularisation Fees.- (1) The regularisation fees specified in these rules shall be in

    n.'r*, ilJ;;;JiL"J"o.oLon+i^.- 1 O ^f+L^ ^,runder :::T1]t_:l*:,"": and rute 37-A of the Karnataka planning Authority Rules, 1965.

    ';";;J;"d;""?;;":f--l r

    i::i:*:'::",f:o^i:o',"_t" T.:1*uo, l" *,. fee to be couected by the planning Authority;;J*ff;;'#:measuring up to 6o sqm', five percent (5olo) for the sital area measuring 6o to 12o sqm. a'd fifteenpercent t157o) for the sital area measuring above 120 sqm. as per Market value of land shall becoilected il case Parks a'd open spaces and civic Amenities are not provided.

    {5) In case of agricultural lands, regularisationSection 95 of the Karnataka Lald Revenue Act, 1964.

    (fl Interest shall be leviedpaid. Interest shall be calculatedpayment.

    Prescribed arnount per sq.m. in (Rupees)

    shall be considered after conversion under

  • tr'7; Fees pfcscribed for regularisation of unauthorised development of' buildings.-(1) Fees prescribed for setback violations for residential buildings sha[ be as follows:-sl.No.

    Percentage ofviolation

    Regrrlarisation fee per square metre oftotal violated area in accordance withpercentage of market value of lan'/. to/^rI up to 25o/o 6

    82 >25o/o Upto 50%

    (2) Fees prescribed for setback violations for non- residential buildings shall be as follows:-

    (3) Fees prescribed for FAR violations for residential buildings shall be as follows:-

    (4) Fees prescribed for FAR violations for non- residential bujldings shall be as follows:-

    Note: In case of setback and FAR violauon against the approved plan but wit6in theprovisions of Tnnal Regulations, the regularisati^'r fee shalt be the difference of prescribed feesunder Section l8 of the Act.(5) Fees prescribed for buildings constructed in non-converted agricultural lands 0n additionsto the amount prescribed) shall be as follows:_

    Note: If the setback and FAR are violated, for vioiated porlions, prescribed fees shall be paidas mentioned in sub-rules (t), (2), t3) and {4).

    {6) Fees prescribed for building/portion of building constructed without ure building planapprova-l but developed as per the Z_oning Regulations.

    Percentage ofviolation

    Regularisation fee per square metre o?total violated area in accordance withpercentage of market value of land (o76)

    up to 12,5oo/o>12.5Ao/oUpto 25o/o

    Percentage ofviolation

    Regularisation fee for total "i"tat d ar",in accordaace with percentage of rnarket

    value of land (Vo)

    Percentage ofviolation

    RegSrlarisation fee for total violatedarea in accordance with percenta$e of

    martet value of land (yo)up to 12.50olo>l2.5Oo/oUpto 25o/o

    Regularisation fee per square metre oftotd built-up :rrea in accordance withof market value of buitding (o/o)

    R.egularisation fee per square metre of totalbuilt-up area in accordance with percentageof market va-l.ue of builrring 1o7o;

    Non -residential

    l+

  • 8' Note: If the setback and FAR are violated, for violated porlions, prescribed fees shall be paid

    as mentioned in sub-rules (1), (2), tg) and {4).18' Scrutiny Fee.- (1) Scrutiny fee shall be collected by the competent Authority at the rateof Rupee one per squa-re meter of total plot area in case of plot in an unauthorised layout andRupees two per square meter of total floor area of buildings.{2) The scrutiny fee shall be made available to the competent aut}rority for the respective

    unauthorised development applied for regularisation.19' Deduction of betterment fee etc., from the total amount to be paid forregularization'- The payment of betterment lerry, betterment fee, improvement charges,development charges, if atty, paid under the Karnataka Municipal Corporations Act, 1g76, theKarnataka Municipalities Act, 1964, the Karnataka Town and country planning Act, 1961, theBangalore Development Authority Act, 1976 and the Karnataka panchayat Raj Act, 1gg3 shall bededucted liom the total amount to be paid for regularisation.

    2o' utilisatiou of urban Areas rnfrastructure Development F\md.- (r) The CompetentAuthority shall keep the amount collected for regularisation in a separate account called t1-e UrbanAreas Infrastructure Development Fund. The fund shall be u'ilised for the purposes speciiied insection 76FF of the Act.(2) Out of the fund collected Fifty percent shall be u.rlised for development of parks ancl open

    spaces including lands to be acquired under sub-section (2) of section 6g of the Act. Ttre remainingFift5r percent shall be utilised for provision of infrastructure, civic amenities, lighting, drinkingwater, drainage system, fire safety and for any other infrastructure.(3) No amount from the fund shall be spent without the approval of the RegionalComrnissioner.

    (4) The annuar report regarding the receipts and e4penditrrres of the fund shall be sent to theGovernment.(5) The progress report shall be audited and submitted to Government periodically.2r' Action to be taken in crase of unauthorised developnent which are not

    regularised.- Action contemplated under sections 15 and 17 of the Act, shall be taken in thefollowing cases, namely:-(a) Unauthorised development for wtrich no application for regularisation is received

    within the prescribed time limit (including unauthorised developments for whichoccupation certificate/door nos. are issued)

    h) Unauthorised developments which are not eligible to be regularised under theserules.

    (c) Unauthorised developments for which regularisation fees has not been paid withinthe stipulated time limit prescribed in these rules. (alter receiving inumauon fromthe Competent Authority).

    22' Repeal nnd Savings.- (1) The Karnataka Town and CountrSr planning (Regularisation ofunauthorized Developments) Rules, 2oo7 shall be repealed.

    (2) Notwithstanding such repeal applicatjons filled under tJre repealed rules shall beprocessed under these rules as if they were file before competent Authority under these rules.

    By order ald in the Name of the Governor of KarnatakaT. M. VASUDEVA RAO

    Under Secretar5r to GovernmentUrban Development Department

  • To

    IFlORM-I

    (See Rule 11)APPLICATION F'OR REGT]I.ARISATION OF TIN-AUTHORISED DEVELOPMENT

    fiJnder Section 76-FF of the Karnataka Town and Country Planning Act, Section 321-4 of KarnatakaMunicipal Corporations Act and Section 187-4 of Karnatalia Municipalities Act)Name of the applicant with address & telephone number for correspondence

    Affix photographof the applicant

    PART - IREGIILI\RTSATTON OF PrpT rNAr\I I'N-AUTITORTSED SUB-DIyIDED LAI\ID / IAYOUT

    Rule No.......Sir / Madam

    I hereby apply for regularization of site in unapproved layout ' (name)...Sy.No...................of..................... Village..........Hobli.......... Taluk...........

    District........ plot no........... measuring bearing Ktrata number / assessmentnumber....

    1. Property Boundaries East ------West ------NorthSouth

    2. Existing Road width in front of the plot ............meters3. Accessibility to nearest .......... public road fName of the road)4. Photo of the land property.5. List of Enclosures:(x) Sketch of the plot / site with details of abutting road & other sr-rrrounding

    development details.(xi) Copy of the ownership document(xii) Copy of the approved layout plan if evailable or copy of unauthorised layout showingthe location of the site(dii) NOC from KSPCB in case the land is in'RED'category.(xiv) D.D. favouring competent Authority towards scrutiny fee:

    : Amount in Rs................. :........... -: D.D. No............... Date......Bank.......

    Note: Scrutiny fee shall be collected at the rate of Rs.f .OO per square meter of totalplot area in case of plot in an unauthorised layout and Rs.2.OO per square meter oftotal floor area of buildings.(xv) D.D. favouring competent Auttrority towards regularisation fee

    : Amount:..: D.D. No................Date......

    : Bank.......(xvi) D.D favouring competent Atrthority towards an amount equal to l5olo of sital area asper market value of land if parks/open spaces/civic amenities are not provided.

  • 10

    (xvii) D.D favouring competent Authority towards regular fees to be levied for sanctionedunder KTCP Act

    : Amount:: D.D. No................Date

    : Bank

    Signature of Apphcant

    PART - IIREGT'LIIRISATION OF BI]ILDINGS IilITH II\TVD USE VIOIJ\TIONS:

    Rule No 5Sir / Madam,

    I hereby apply for regularization of buildings with land use violations in ...............Iay'outVillage..........Hobli..........Taluk...........District........plot no measuringbearing khata number / assessment number.......

    l. Property Boundaries East ------West ------NorthSouth

    2- Existing Road width in front of the plot.............metres.3. Acces5ibility to nearest public road (Narne of the road)4- Designated land use as per Master Plan-------------(Residential / Commercial / Industrial /

    Others)5. Actual usage of land /building: -------(Residential / Commercial / Industrial /

    Others)

    7. D.D. favouring competent Authority towards regular fees for change of land use under KrcPAct.:Amount:...

    : D.D. No.-------------Date------: Bank......

    D.D. favouring competent Authorilr towards scrutiny fee: Amount:..: D.D. No.-------------Date------: Bank:......

    Note: Scrutiny fee shall be collected at the rate of Rs. l.OO per square meter of total plotarea in case of plot in an unauthorised layout and Rs.2.O0 per square meter of total floorarea of buildings.

    D.D. favouring competent Authority towards regularisation fee five times the fees prescribedunder secUon 18 of the KTCP Act and Rule 37 (A) KPA Rules

    6.

    8.

    L

    Photograph ofland /

    Affix photograph of the land / building

    Signature of the Applicant

  • 1lPART

    - UI

    REGTTLf\RISATION OF I]NAPPROVED AIYD NON-VIOIITTED DEVELOPMENT /TINAPPROVEDAIIID VIOLI\TED DEVELOPMENT / APPR.OVED AI{D VIOIJ\TDD DDVEIOPMENT

    Sir / Madam,I hereby apply for regularization of unapproved development and non residential development/ un approved and violated development / approved and violated development in layout(name)

    ......sy.No..of.............

    ..village, plotNo...... ..measuring.................., bearing door number /assessment number.... I belong to SC / ST / General:

    I. Property Boundaries East ------West ------NorthSouth

    2. Existing Road width in front of the plot in metres3. Accessibility to nearest .......... public road (Name of the road)4. Existing building details witle as built plan: (Refer instructons)sl.No Parameters

    As per ExistingBuiiding

    As per ZrrrrnngRegularisations

    I Setback -

    Front(in meters )

    RearLeftRieht

    2 FAR3 Coverage4 Height of the buildins5 Number of floors6. Total floor area ofall floors7. No. of Parking provided

    5. I enclose herewith the following documents:(i)

    {ii)(iii)(iv)(v)(vi)

    (vii)

    [viii)(ix) Calculation sheets of setback and FAR violations.(x) Copy of the sanctioned plan.

    6. Photograph of

    Certified sketch of the plot / site with building along with details of abuttingroad.Cerlified sketch of actual built up area showing the violation of setback andthe number of floors.Copy of ownership documentsNOC from KSPCB in case the land is in 'RED'zone.Copy of NOC from KPTCL for clearance from high tension lines if applicable.copy of cerlificate from Karnataka Fire Department in co=e oJ high-risebuildings.Copy of structural engineer's certificate in case the building is more than twofloors high.Copy of the resolution made by all the owrrers or their association fForapartments and group housin$

    Affix photograph of building

    7. Certificate from a structural engineer for the buildings ( above ground plus one floor)

  • iIIl',

    8. D.D favouringlcompetent Authority towards regularisation fee| : Amount:...I rD.D. No............Date......| : 8ank,........

    L D.D. favourin$ competent Authority towards scrutiny fee| : Amount:...I| :D.D. No.,.......... Date.......I :8ank,.......

    Note: Scrutiny fee shall be collected at the rate of Rs. 1.00 per square meter of total plot areain case of plot in an unauthorised layout and Rs.2.OO per square meter of total floor area ofbuildings.

    lO. D.D favouring competent Authority tolvards regular fees for sanctioned of plan as perKarnataka Town and Countr5r Planning Act, 1961, Karnataka Municipal CorporationsAct, 1976, Karnataka Municipalities Act, 1964

    : Amount:..: D.D. No................Date......

    : Bank.......

    Signature of the Applicaat

    PART-rvACK]\IOWI,EDGEMENT

    Received application for reglularization of unauthorized sub-division/lay out/buildings withland use violations / anauthorised buildings from the name ....".. In plot number.........S.no..........Villages......Hobli village.........Taluk........ measuring ..............bearingdoor no. / assessment no......

    a. llpplication no. and date....b. D,D. No.and date for scmtiny feec. D.D. No. and date for Regularisation Feed. D.D. No. and date for Regular feee' Any other fee

    Authorised signatory

    FORM.N[See Rule t4(4)]

    Name of the Applicant,-Application No & Date,

    PROVISIONAL ORDERIt is hereby inform tJ'at ttre unauthorised sub-divied land or layout / building with land use

    violation / unlawful building situated in lay6s1 ----(Name), Sy.no.------- of ----------viliage, plot No.---------------measuring ---bearing door number ,/ assesment number ---------is being considered for regularised under the provisions of Seclion 76FF of the Karnataka Townand Country Plarning Act L9.GI / Section 321-A of the Karnataka Municipal Act 1976 / theKarnataka Municipalities Act, 1964

    Therefore, you are hereby required to pay a sum of rupees.. towards regularisationon or before ninety days from the date of receipt of tl.ls order.Date: Seal of the InstitutionPlace:

    Note: Strike out whichever is not applicable (Competent Authority)

  • I3FORI,I-NI

    lsee Rule r4(11)lName of the APPlicant'-Application No & Date'

    REGT}I,ARISATION CERTIFICATEItiscertifiedthattheunauthorisedsub-diviedlandorlayout/buildingwit]:landuse

    violation / unlawful building situated in layout -----(Name)' sy'no'------- ofvillage, plot No.---- .---------4neasuring ,----------------bearing door number / assesment number ---------is trereby regularised under the provissiona of section z-orn' or the Karnataka

    Town and countryplanning Act 1961 / section 32I-A of the Karnataka Municipal Act 1976 / tl.le KarnatakaMuniciPalities Act, 1964

    Date: Seal of the Institution

    Place:Note: Strike out wtrichever is not applicable (Competent AuthoriV)To

    F1ORM -

    TV

    [See Rule 14(9)lRejection of Regularisation

    Name of the APPlicant:Application No. and Date"

    RF^IEC-TIoNoFAPPLICATIoNFoRREGUIARIZATIoNoFI]I\I,AUTHoRISEDDEVEIfPMENTon tlre scmtiny of yo'r application as submitted for regui ariz-atton,It is hereby brought to

    your

    notice, your applic"Uo., foi."gularization is rejected due to the following reasons't. Violation exceeding ttre permissible percentage prescribed as per Act arrd Rule'2. As per reasons mentioned in the Rule No' 4'3. Application not complete in all respects'4. Violation after submission of application'5. Fee not Paid.6. Other reasons.

    Date:

    Place :

    To:

    a)b) ...........

    Seal of the Institution

    (Competent AuthoritY)

    INSTRUCTIONS TO APPLICAI\TGDNERAL

    l. Applicaton for regularisation of unauthorized. developments consists Part-I' Part-fl and Part-u'i- Part-I pertains to regularisation of plot in an un-authorised sub-dvided land / layout'ii. Part-II perlains to regularisation of land use violations'iii. Part-ru pertains to regularisation of unlawful buildings'iv. submit the completed application form wit1- the doluments required within one year

    from

    the date of notification made by the government calling for applications'

  • t4

    v- Pay the regularisation fee and scrutiny fee separately through Demand Dra-fts or BankersCheques from any Bank drawn in favour of the respective Urban Development Authority /Planning Authority / Urban Local Body.

    vi. Scrutiny fee shall be collected by the Competent Authority at the rate of Rs.1.OO per squaremeter of total plot area in case of plot in an unauthorized layout and Rs.2.OO per squaremeter for total floor area of buildings.

    vii. Enter details of fees paid in the application form and have them confirmed while receivingthe acknowledgement.

    viii. The acknowledgment is issued with the seal of the office receiving the application.ix. In case the application for regularization is rejected, either because of inadequate or

    incorrect information or for otler reasons, the scrutiny fees remitted witl not be refunded.2. tn the following cases, the regularization will be rejected.

    If the site is situated:i. In the land affected by the alignments of any road or of proposed inner ring road,

    National High ways, bypass road, outer rinS road or mass rapid transit system (rail)projects:

    ii. On the land belonging to tl.e State Government or the Central Gor,'ernment orappurtenant to any building belonging to the State Governnent or tJ-e CentralGovernment;

    iii. On the land belonging to an other person over which the former has no title;iv. On the land belonging to any Board or Corporation owned or controlled by the Central

    Govemment or the State Government;v. On the land belonging to, or vested in, any Urban Development Authority or Bangalore

    Development Authority;vi. On tle land belonging to, or vested in, a local authority;vii. On the land abutting to storm water drains, tank bed areas, river course or beds and

    canals or below the high tension electric line:viii. In land reserved for parks, playground, open space or for providing civic amenities.ix. Development being a special and hazardous industry or an industry categorized as "RED"

    by the Karnataka Pollution Control Board will be regularized only with the clearance fromthe Karnataka Pollution Control Board.

    x. Development not conforming to rules for high-tension lines and fire protection measures.xi. Development covered by the Coastal Zone Regulations of the Ministry Envjronment and

    Forest. Government of India.xii. Development made in basement or usage in contravention of bye law.xiii. Development in violalion of set back nonns exceeding twenty-five percent in cast of non-

    residential buildings and fifty percent in case of residential buildings.xiv. Development for wtrich violation in respect of change in land use is not regularized first.xv. Unauthorized construction or development made in agricultural zone of approved Master

    Plan or green belt area declared under Karnataka Ianr.d Revenue Act, 1964.xvi. Buildings located in areas of special control/other protect areas, where it violates t}-e

    regulations prescribed for such areas.3. Regulalion of violation in respect of change of land use shall be made as far as may be in

    accordance with section I4A of the Karnataka Town and Country Planning Act, 196I.4. Development in respect of any brrilding having more tJran two floors will be regularDed if a

    cerlificate from Structural Engineer is produced regarding the structural stability of suchbuilding.

    5. tn case of owner of the building wleo has made unauthorized construcLion in violation of thenorrns of zonal regulation and do not apply for regularization within the prescribed time, thesupply of Water and electricity to ttre building shall be liable to be discorrnected with priornotice.

    PART-Ii. Application related to regularisation of plot in unauthorised sub-divided land / layout' shall be submitted to ttre concerned planning Authority.

  • t5

    ii. Application related to regularisation of plot in an unauthorised sub-divided land / layoutshall be submitted to the concerned Local Authority for the towns where the KarnatakaTown and Country Planning Act is not extended.

    iii. Fee for regularisaton of plot in an unauthorised sub-divided land / layout is to becalculated as per Rule 16 (3)

    NOTE:(i) Ttre fee specified above is in addition to ti.e fee to be collected by the Planning Authority

    under Section 18 of the Act and the amount collected for l5o/o of the sital area as perMarket value of land (in lieu of Civic Amenities and Parks & Open Spaces).

    {ii) In respect of sites where building licence has been issued for, the subdivided plots priorto the date of lg'n Octo-ber, 2013, l5o/o of the sital area as per Market value of land inlieu of CA and P & OS shall not be collected.

    (iii) In case of agricultural Land regularisation shall be considered only after conversionunder section 95 of the Land Revenue Act, 1964.

    PAR.T-NApplication related to regularisation of buiidings with land use violations shall be submitted tothe concerned Incal Authority v/ithjn its jurisdiction.Applications related to regularDaUon of un-autfrorised buildings outside the Local Authoritylimits but within the l,ocal Planning Area shall be submitted to the concerned PlanningAuthority.For the towns where the Karnataka Town & Country Planning Act is not extended, applicationsrelated to regularisation of un-auttrorised buildings shall be submitted to ttre concerned I-ocalAuthority.In case of apartrrrents and Group Housing the application form individual owners will not beadmitted. For such developments, the application shall be made jointly from all the owners ortleeir association.

    NOTIFIC.ATION-IINo. UDD 556 MyApRa 2013(1), Bangalore, Dated 28.o5.2014

    Whereas the draft of the Karnataka Municipal Corporations fRegularisation of unauthorizedDevelopment or Constructions) (Amendment) Rules, 20f3, was published as required by section321A read with section 42L of the Karnataka Municipal Corporations Act, 1976 fKarnataka Act 14of 1977) in notification No.UDD 556 MyAPRa 2013, .iated 3I.12.2013 in part IV-A of the KarnatakaEx[raordinary Gazette dated 31.12.2013 inviting objections and suggestions from all persons likelyto be affected thereby wittlin thirty days from the date of its publicaUon in Official Gazette.

    And whereas the said Gazette was made available to public on 31.I2.2O13.And Whereas objections and suggestions have been received and considered by the State

    Government.Now, ttrerefore, in exercise of the powers conferred by section 321A readwith secUon 421 of

    the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977), the Government ofKarnataka hereby makes the following amendment rules namely:-

    RT}I,ES1. Title and cosunencelnent.- (1) These rules may be called the Karnataka Municipal

    Corporations (Regularisailon of unauthorised Development or Constructions) (Amendment)Rules, 2OL4.

    (2) They shall come into force from the date of their publicailon in the official Gazette.2. Am.endment of rule 2.- In rule 2 of the Karnataka Municipal Corporations

    (Regularisation of unauthorized Development of constructions) Rules, 2OO7 {hereinafter referred toas said rules) clauses (b) and ic) shall be omitted.

  • 16

    " 3. Amendment of ruIe 3.- In rule 3 of the said rules for the words -The provisions of ttreKarnataka Town and Country Planning (Regularisation of unauthorised development orconstructions) Rules, 2OO7", the following shall be substituted, namely:-

    'The provisions of the Karnataka Town and Country Planning (Regularisatign ofunauthorised development or constructions) Rules, 20 I 4."

    4. Omission of rule 4.- Rule 4 of the said rules shali be omitted.

    Bv order and in the Name of the Governor of Karnataka s

    T. M. VASTIDEVA RAO ;Under Secretary to GovernmentUrban Development Depar[ment

    NOTIFICATION -

    IUNo. UDD 556 MyApRa 20f3(f), Bangalore, Dated 2A.O5.2OL4

    Whereas ttre draft of the Karnataka Municipalities (Regularisation of unauthorisedDevelopment or Constructions) (Amendment) Rules 20f 3, was published as required by section187A read with section 323 of the Karnataka Municipalities Act, f 964 Karnataka Act 24 of 1964) innotification No.UDD 556 MyAPRa 2013, dated 37.12.2013 in part IV-A of tJ:e KarnatakaExtraordinary Gazetle dated 31.12.2013 inviting objections and suggestions from all persons likelyto be affected thereby udthin thirty days from the date.of its publication in Official Gazette.

    And whereas tJ-e said Gazette was made available to public on 31.I2-2O13.And Whereas objections and suggestions have been received and considered by the State

    Government.Now, therefore, in exercise of the powers conferred by section l87A read with section 323 of

    the Karnataka Municipalities Act, lg64 (Karnataka Act 24 of 1964), the Government of Karnatakahereby makes ttre following amendment rules namely:-

    RI]LESL. Titte and Comnencement.- (1) These rules may be called the Karnataka Municipalities

    (Regularisation of unauthorized Development or constructions) (Amendment) Rules 2AI4.(2) It shall come into force from the date of its publication in the Official Gazette.2. Amendtnent of nrle 2.- In rule 2 of the Karnataka Municipalities (Regularisation of

    unauttrorised Development or constructions) Rules, 2OO7 fieereinaher referred to as tl:e said rules)clause (b) and (c) shall be omitted.

    3. Amen