KARNATAKA TOWN AND COUNTRY PLANNING (AMENDMENT) ACT, 2004

[Karnataka Act No. 1 of 2007]

(Received the assent of the Governor on the third day of February, 2007)

(First published in the Karnataka Gazette, Extraordinary on the Sixth day of February, 2007)

An Act further to amend the Karnataka Town and County Planning Act, 1961, the Karnataka Municipal Corporations Act, 1976 and the Karnataka Municipalities Act, 1964.

Whereas, it is expedient further to amend the Karnataka Town and Country Planning Act, 1961 (Karnataka act 11 of 1963), the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) and the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964).

Be it enacted by the Karnataka State Legislature in the fifty-fifth year of the Republic of India, as follows.

1. Short title and commencement : (1) This Act may be called the Karnataka Town and Country Planning and Certain Other Laws (Amendment) Act, 2004.

(2) It shall come into force on such date as the State Government may, by notification appoint¹.

2 to 3 : xxxxx

4. Amendment of Karnataka Act 22 of 1964 : In the Karnataka Municipalities Act (Karnataka Act 22 of 1964), after Section 187, the following shall be inserted, namely.-

"187-A. Regularisation of certain unlawful buildings :

(1) Notwithstanding anything contained in this Act, when construction of any building is completed in contravention of Section 187 and building bye-laws, the Municipal Commissioner or the Chief Officer, as the case may be, may regularise building constructed prior to the date of commencement of the Karnataka Town and Country Planning and Certain Other Laws (Amendment) Act, 2004, subject to the following restrictions and such rules as may be prescribed and on payment of the amount specified in sub-Section (2), namely.-

(a) Where the building is built abutting the neighbouring property or where the set back provided is less than the limit prescribed in bye-laws, violation upto twenty-five per cent in case of non-residential buildings and fifty per cent in case of residential buildings shall be regularised;

(b) No development made in the basement or usage in contravention of bye-law shall be regularised;

(c) The construction of a building shall not be regularised if it violates the building line specified on any given road unless the owners of such building furnish an undertaking that the space between the building line and the road or footpath or margin will be given up free of cost at any time when required for the purpose of widening the road in question;

(d) The provisions of sub-sections (2) to (14) of Section 76-FF of the Karnataka Town and Country Planning Act, 1961, shall apply mutatis mutandis for regularisation of building under this Section and the application being made to the Municipal Commissioner or the Chief Officer, as the case may be.

(2) Regularisation of any construction under this Section shall be subject to payment of the prescribed amount which may be different for different types of contravention of building bye-laws:

Provided that the amount so prescribed shall not be less than.-

(i) ten per cent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 and rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of set back norms and permissible floor area ratio does not exceed twenty-five per cent;

(ii) twenty-five per cent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 and the rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of set back norms and permissible floor area ratio exceeds twenty-five per cent but does not exceed fifty per cent:

Provided further that where the portion of the building is built in violation of the provisions referred to above is being used or meant for non-residential purpose and amount payable for regularisation of such portion shall be.-

(a) twenty-five per cent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 and the rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of set back norms and permissible floor area ratio does not exceed twelve and a half per cent;

(b) forty per cent of the market value, determined in accordance with the Karnataka Stamp Act, 195 7 and the rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of set back norms and permissible floor area ratio exceeds twelve and a half per cent but does not exceed twenty-five per cent.

(3) No person shall be liable to pay fine or fee for regularisation under any other law if he has paid regularisation fee under this Act for the same violations.

(4) All payments made under sub-Section (1) shall be credited to a separate fund kept in the concerned Local/Planning Authority called the Urban Areas Infrastructure Development fund which shall be utilised in such manner, for the development of infrastructure, civic amenities, lighting, parks, drinking water, drainage system and for any other infrastructure, as may be prescribed.

187-B. Penalty against jurisdictional officer failing to prevent unauthorised deviations or constructions : The jurisdictional officer who is proved to have failed to prevent unauthorised deviation or construction that have taken place in his jurisdiction shall be liable for such punishment as may be prescribed".

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1. The Government of Karnataka by the Notification No. UDD 68 BemRuPra 2007 dated 07.09.2007 has appointed the enforcement date for the act as 15th September 2007.