AKRAMA - SAKRAMA - NOTIFICATION - RULES AND PROCEDURES -2013

URBAN DEVEOPMENT DEPARTMENT SECRETARIAT

            NOTIFICATION – I

No.UDD 666 MyAPRa 2013' Bangalore, Dated: 31-12-2013

The draft of the Karnataka Town and country Planning (Regulaflon of unauthorized development or constructions) Rules 2013, which the Government of Karnatata proposes to make in excercie of the powers conferred under section 76FF and read with section 74 of the Karnataka Town and Country planning Act, 1961 [Karnataka Act 11 of 1963) is hereby published as required under subsection (1) of section 74 of the said Act for the information of all persons likely to be affected thereby and notice is hereby given that the said draft will be taken lnto consideratlon after thirty days from the date of its publication in the Oflicial Gazette.

Any objection or suggestion which may be received by the state government from any person with respect to the said draft before the expiry of the period specified above will be considered by the State Government. Objections and suggestions may be addressed to the Principal Secretary to government, Urban Development Department, Vikasa Soudha, Bangalore-560001.

DRAFT RULES

l. Title and conmencement: (1) These rules may be called the Karnataka Town and Country Planning (Regularisation of unauthorised Developments) Rules 2013.

(2)They shall come into force from the date of their publication in the Official Gazette.

(3) They shall apply to all unauthorised developments have come up. on or after the date of first Master Plan of respective cities or towns, but before the date of 19 th October 2013.

2. Definitions: In these rules, unless the context otherwise requires,-

(l) "Act" means the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963);

(2) "Appellate Authority" means, the appellate authorities specified below to hear the appeals against orders passed by the Competent Authority, namely:

(a)

(i) For Bruhath  Bangalore Mahanagara Palike;

(ii) For Bangalore Development Authority; and

(iii) For Balgalore-Mysore Infrastructure Corridor Area Planning Authority, the Metropolitan Commissioner, Bangalore Metropolitan Region Development Authority shall be the Appellate Authority.

(a) For other cities, having Corporations (Other than Bangalore),

     the respective Regional Commissioner; and

(b)   For other Urban Development Authorities, Planning Authorities and Municipalities, the Deputy Commissioner of the concerned district.

shall be the appellate authority.

(1)  "Architect / Engineer/Town Planner" means and includes a qualified Architect/Civil Engineer/Town Planner, who has been registered under concerned Urban Local Body.

(2)  "Competent Authority" means, the Authority competent to scrutinise the applications for regularisation and pass necessary orders, namely:-

(i)           In respect of land use violation and unauthorised development of layouts/sites, the competent authority shall be  the Commissioner of the concerned Urban Development Authority or Member Secretary of the concerned Planning Authority;

(ii)          In respect of unauthorised development of buildings falling outside the limits of local authority but within the local planning area, the competent authority shall be the Commissioner of the concerned Urban Development Authority or Member Secretary of the concerned planning authority; and

(iii)        In respect of unauthorised development of buildings falling in the limits of local authority and within the local planning area, the competent authority shall be the Commissioner/Chief Officer of the concerned local authority.

(3)  "Market value" means the market value determined as per the guideline value of land in accordance with the section 45B of the Karnataka Stamp Act, 1957 as prevailing on the date of 19^th October, 2013.

(4)  "Section" means section of the Act.

(5)  "Structural Engineer" means and includes a qualified Civil Engineer specialised in Structures, who has been registered under concerned Urban Local Body.

(6)  "Unauthorised development" means the development carried out under the following categories, namely:-

(i)       “Unapproved and violated development” means the development made without obtaining prior approval from the Competent Authority and also in violation of Master Plan and Zonal Regulations; and

(ii)       “Approved and violated development” means the development carried out after obtaining approval from the Competent Authority but made in violation of Master Plan and Zonal Regulations.

(iii)    “Unapproved and Non-violated development” means the development carried out without obtaining prior approval from the Competent Authority but, the development carried out in accordance with Zonal regulations.

(7)   "Urban Areas Infrastructure Development Fund" means the fund established for crediting all proceeds collected through regularisation by the Competent Authority for the purposes specified in sub-section (16) of section 76FF of the Act.

3. Types of unauthorized developments eligible to be regularised and Conditions for Regularization.- (1) Subject to section 76FF of the Act the following kinds of unauthorised developments are eligible for regularization, namely:-

(a)  Land use violations in contravention to Section 14 and 14-A of the Act;

(b)  Unauthorized sub-divisions in contravention to Section 17 of the  Act; and

(c)  Unauthorised development of buildings in contravention to Section 14 and 15 of the Act.

(2) All buildings which are completed with occupation certificate or PID Numbers issued shall also be eligible for regularisation under these rules.

4. Unauthorised development not eligible for regularization:

(1) No unauthorised developments shall be regularised in the following cases, if it is made,–

(a) On land abutting to storm water drains, tank bed areas, river course or beds and canals or below the high tension electric line including the land or building which is falling in the buffer zones of drains, nala, river course etc. as specified in the respective Zonal Regulations;

(b) In areas where land uses have been reserved for park, open spaces and play grounds and public and public/semi public activities in the respective Master Plans, such developments on such lands shall not be considered for regularisation. Further in cases where developments have come up on lands earmarked for parks or Civic Amenity in approved layouts such developments shall also not to be considered for regularisation.

(c)   Any development in the basement in violation the uses permitted in the Zoning Regulation or Byelaws; and

(d)  In agricultural zone of approved Master Plan or Green Belt area declared under the Karnataka Land Revenue Act, 1964.

Provided that only uses that are permitted under permissible uses and under special circumstances in agricultural zone of respective Master Plan  may be regularized. Buildings constructed in such uses in accordance with the norms prescribed for buildings in Agricultural Zone of respective zoning Regulations may be considered for regularising such buildings violations.

(2) For the purpose of No Objection Certificate (NOC) or Clearance Certificate from the Department of Fire and Emergency Services for all buildings where such a requirement is prescribed in the Zonal Regulations (applicable at the time of approval) or fire protections measures as prescribed in the Zoning Regulations or by the Chief Fire Officer shall be provided before regularising such buildings. 

(3) No unauthorised development shall be regularised unless the owner hands over the portion of the plot required for alignment of roads or widening of roads as per the approved Master Plan, by relinquishment deed.

5. Regularisation of change of Land use: Regularisation of Development of buildings with Land use violations shall be subject to the following conditions, namely:

(i)       Land use violation shall be examined with reference to the Master Plan as in force at the time of regularisation.

(ii)      Change of Land use shall not be permitted in lands reserved for parks and open spaces, roads, agricultural purpose, except for the exemptions or specific provisions made in the Master Plan or Zoning Regulations.

6. Conditions for regularisation of unauthorised sub-division of land/plot. Regulation of unauthorized sub-division of land/plot shall be subject to following condition namely;

(1) Only individual plot shall be considered, for regularisation which is registered before the date of 19^th October, 2013.

(2) No unauthorised subdivision or layout which does not have access to public road shall be regularised.

7. Conditions for regularisation of setback violations:

(1) The Setback violations against the approved plan but within the provisions of Zoning Regulations or Building Byelaws or Transfer of Development Rights (TDR) rules may be regularised on payment of difference of prescribed fee under section 18 of the Act.

(2) Setback violations shall be calculated based on the total area of setbacks (open space) violated and the total area of setback (open space) on all sides as prescribed in Zoning Regulations.

          i.e., % of setback (open space) violation

₌    Total area of setbacks violated in all the sides x 100
      Total area of setbacks on all the sides as prescribed in ZR

(3) The area for setback violations shall be calculated only for one floor (ground floor).Buildings constructed by violating the road widening line (mentioned as building line in certain Zoning Regulations) shall not be considered for regularisation, unless the portion of the building projected beyond the road widening line is demolished.

8. Conditions for regularisation of floor area violations.- (1) The floor area of the excess built up area constructed shall be considered separately for calculating the percentage of violations. Any areas exempted from Floor Area Ratio (hereinafter referred to as FAR) in the approved plan, such areas shall not be taken in to consideration for deriving percentage of violation.

(2) FAR violations against the approved plans but within the provisions of Zoning Regulations or building byelaws may be regularised on obtaining revised building plan and on payment of difference of prescribed fee under section 18 of the Act.

9. Persons eligible to apply for regularization: The applicant shall be the owner (jointly or severally) or an authorised representative of the owners or the association of owners.

10. Wide publicity for receiving applications: (1) Wide publicity of the contents of these rules shall be given to the public informing details about the verification and implementation procedures involved.

 (2) The Competent Authority shall set up adequate number of receiving centres at various locations within its jurisdiction to receive application pertaining to the scheme. The competent authority may also make necessary arrangements for filing online application for regularisation by self declaration.

 (3) To ensure effective implementation of the scheme the Competent Authority may conduct orientation training for officers and staff to be assigned with the work of scrutiny of application.

11. Application for Regularisation.- (1) The application for regularisation under these rules shall be filed by any person who is entitled, may apply to the competent Authority concerned in Form –I, (in the prescribed form) within one year from the date of commencement  of these rules along with the calculated fee on self assessment subject to payment of shortfall of any intimated by the competent 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 the respective portions of the application form.

          (3) Every applicant who desires to get his unauthorised development regularised shall submit the application along with copies of the following documents, namely:-

(i)           Title Document

(ii)           RTC/Khatha

(iii)          NA Conversion order with sketch (exempted in case of  development made in non-converted lands)

(iv)          Survey sketch from Revenue department/Sketch of Urban property ownership record.

(v)           Site plan showing details of the surroundings (with survey nos.), details of abutting roads, buildings therein, services provided (power supply & water supply with respective bills, Under Ground Drainage (UGD) connection)

(vi)           Key plan or Location plan

(vii)     Photograph of development (minimum of 4 nos. from different sides showing all external details of            development).

(viii)   Approved layout or Building plan (whichever applicable)

Note: If approved layout or building plan is not made available by the applicant, the concerned authority shall scrutinize the Layout or building plans based on the applicable Zonal Regulation at the time of obtaining the approval (based on the date of licence number or door number produced by the applicant) if licence number or door number is not produced by the applicant the development shall be treated as unauthorised development and the regularisation fees shall be levied accordingly.

(ix)      Site Plan or Building plan showing the details of unauthorised developments authenticated by Architect or Engineer (if this document is not ready at the time of application, the same can be submitted later, but before the scrutiny.

(4) While making application under sub-rule (1) the applicant shall pay Scrutiny fee and Regular fee payable along with regularisation fee calculated on self assessment subject to payment of shortfall if any, intimated by the Competent Authority, subject to final decision in respect of pendency of any case before Tribunal, Civil Court, High Court any other Court or any order or judgments passed by any such Court, or Tribunal in respect of such property.

(5) The owners of all "Un-authorised development", “unapproved and violated development”,  “Approved and violated development” and un-approved and non-violated development made during the period eligible for regularisation shall mandatorily apply for regularisation under these rules.

12. Violation after submission of application.– During verification if it is found that the applicant has undertaken further additions or extensions to the existing building, then such applications shall be rejected, duly forfeiting the entire regularisation amount and necessary legal action may be initiated against the owner of the building.

13. Procedure for regularisation: Applications shall be scrutinised in the following procedure, namely:-

(1) On receipt of application for regularisation, the Competent Authority shall scrutinise the application on first-in first-out (FIFO) basis.

(2) The Competent Authorities may also utilise the services of as many officers and staff including Technical personnel, namely, Architect or Engineers or Town Planners to take up scrutiny and inspection as may be required for the scrutiny.

(3) In case of joint ownership of the development, the Competent Authority may issue notice to the owners, if any, who have not joined the application for regularisation, informing the status of the application.

(4) While scrutinising the application, the Competent Authority may issue notice to the applicant for any incomplete details provided or for any clarifications required. If the applicant is the owner of a single or few premises in the building having multiple premises, the competent authority may issue notice to the owners or association of owners, if required for any details.

14. Sequences of scrutinising the application.- (1) The Competent Authority shall scrutinise the application for different types of violated or unauthorised development, in the following 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 violation is not eligible to be regularised as per these rules, the development under clause (b) and (c) for that property shall not be scrutinised or regularised. Similarly if the development under clause (b) is not eligible to be regularised as per these rules, the development 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 (within municipal limits) only, shall be forwarded to the concerned Urban Development Authority or Planning Authority for clearance. The Urban Development Authority or Planning Authority after collecting statutory fee as prescribed in the Act from the applicant in addition to the fee prescribed under these rules, shall forward the opinion or clearance to the Competent Authority.  The Competent Authority after receiving the clearance from Urban Development Authority or Planning Authority shall process and dispose off the buildings violations accordingly.

(3) Application related to regularisation of unauthorised developments beyond municipal limits and within the Urban Development Authority or Planning Authority limits shall be processed in accordance with these rules and the Competent Authority shall take necessary steps to process and dispose them either in consultation with Local Authority or otherwise.

(4) The Competent Authority shall give an opportunity to the applicant of being heard and to produce documents, if any, in support of his claims, in the event of any discrepancy between the claims made by the applicant and the scrutiny report. The Competent Authority shall on completion of the enquiry, pass a provisional order in Form-II.

(5) After scrutinising the application, the Competent Authority shall prepare a scrutiny report in the prescribed forms for different types of unauthorised developments made (including fees payable if such developments are eligible for regularisation).

(6) The Competent Authority shall intimate the applicant for payment of shortfall in regularisation fees (for different types of unauthorised developments) and other fees or charges, if any within such time limit, but not later than ninety days, as may be specified therein, or reject the application as the case may be.

(7) Interest shall be levied on the shortfall of regularisation fees and other fees or charges paid. Interest shall be calculated from the last date eligible for filling application up to the date of payment.

(8) The applicant after remitting the amount as per the provisional order made under sub-rule (4) shall inform the competent Authority regarding the remittance or compliance.

(9) If the application for regularisation is rejected, the Competent Authority shall, pass an order in prescribed form for rejecting the application for regularisation stating the reason for rejection.

(10) In case, the application for regularisation is rejected, the fees remitted by the applicant, if any, on his self assessment shall be refunded (excluding scrutiny fee) to the applicant without interest within sixty days.

(11) On remittance of the shortfall in regularisation fees by the applicant, along with interest, if applicable, the Competent Authority shall issue Regularisation Certificate in Form- III for the different types of unauthorised developments.

(15) Appeal-(1) Any applicant aggrieved by the order passed by the Competent Authority under sub-rule (9) of Rule 14 may prefer an appeal to the Appellate Authority.

(2) All appeal shall be disposed off within three months of the receipt of the appeal.

16. Regularisation Fees or Scrutiny fees:

(1) The regularisation fees specified in these rules shall be in additional to the regular fees or charges normally levied and collected by the Competent Authority.

(2) The regularisation fees for the land use violation shall be five times the fees prescribed under Section 18 of the Act and rule 37-A of the Karnataka Planning Authority Rules, 1965.

 (3) Fees prescribed for regularisation of unauthorised developments  of layouts or sites (applicable for both converted and non-converted lands). The fees payable shall be as follows:-

SI. No.	Site area  (sq. m)	Prescribed amount per sq.m. in (Rupees)
		Bangalore Urban and Rural districts	Other Corporation Areas	Other Areas
1.	Upto 60	40.00	30.00	20.00
2.	< 60 - 120	160.00	80.00	50.00
3.	Above 120	600.00	250.00	150.00

(5) The fee specified above is in addition to the fee to be collected by the Planning Authority under Section 18 of the Act.  In addition to the above fee an amount equal to Fifteen Percent of the sital area as per Market value of land shall be collected in case Civic Amenities and Parks and Open Spaces are not provided.

(6) In case of agricultural lands, regularisation shall be considered after conversion under Section 95 of the Karnataka Land Revenue Act, 1964.

 17. Fees prescribed for regularisation of unauthorised development of buildings:

(1)Fees prescribed for Setback violations for residential buildings shall be as follows:-

Sl.No.	Percentage of violation	Regularisation fee per square metre of total violated area in accordance with percentage of market value of land (%)
1	up to 25%	6
2	>25% Upto 50%	8

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

Sl. No.	Percentage of violation	Regularisation fee per square metre of total violated area in accordance with percentage of market value of land (%)
1	up to 12.50%	20
2	>12.50% Upto 25%	35

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

Sl No.	Percentage of violation	Regularisation fee for total violated area in accordance with percentage of market value of land (%)
1	up to 25%	6
2	>25% Upto 50%	8

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

Sl.No	Percentage of violation	Regularisation fee for total violated area in accordance with percentage of market value of land (%)
1	up to 12.50%	20
2	>12.50% Upto 25%	35

Note: In case of Setback and FAR violation against the approved plan but within the provisions of Zonal Regulations, the regularisation fee shall be the difference of prescribed fees under Section 18 of the Act.

(5) Fees prescribed for buildings constructed in non-converted agricultural lands (In additions to the amount prescribed shall be as follows:-

SI. No	Type of Use	Regularisation fee per square metre of total built-up area in accordance with percentage of market value of building (%)
1	Residential	2.0
2	Non-residential	4.0

Note: If the setback and FAR are violated, for violated portions, prescribed fees shall be paid as mentioned in sub-rules (1), (2), (3) and (4).

(6) Fees prescribed for building/portion of building constructed without the building plan approval but developed as per the Zoning Regulations.

SI. No	Type of use	Regularisation fee per square metre of total built-up area in accordance with percentage of market value of building (%)
1	Residential	2.0
2	Non -residential	4.0

Note: If the setback and FAR are violated, for violated portions, prescribed fees shall be paid as mentioned in sub-rules (1), (2), (3) and (4).

18. Scrutiny Fee: (1) Scrutiny fee shall be collected by the Competent Authority at the rate of Rupee one per square meter of total plot area in case of plot in an unauthorised layout and Rupees two per square meter of total floor area of buildings.  

(2) The scrutiny fee shall be made available to the competent authority as per Market Value for the respective unauthorised development applied for regularisation.  

19. Deduction of betterment fee etc., from the total amount to be paid for regularization: The payment of betterment levy, betterment fee, improvement charges, development charges, if any, paid under the Karnataka Municipal Corporations Act, 1976, the Karnataka Municipalities Act, 1964, the Karnataka Town and Country Planning Act, 1961, the Bangalore Development Authority Act, 1976 and the Karnataka Panchayat Raj Act, 1993 shall be deducted from the total amount to be paid for regularisation.

20. Utilisation of Urban Areas Infrastructure Development Fund:

(1) The Competent Authority shall keep the amount collected for regularisation in a separate account called the Urban Areas Infrastructure Development Fund. The fund shall be utilised for the purposes specified in section 76FF of the Act.

(2) Out of the fund collected Fifty percent shall be utilised for development of parks and open spaces including lands to be acquired under sub-section (2) of section 69 of the Act. The remaining Fifty percent shall be utilised for provision of infrastructure, civic amenities, lighting, drinking water, drainage system and for any other infrastructure.

(3) No amount from the fund shall be spent without the approval of the Government.

(4) The annual report regarding the receipts and expenditures of the fund shall be sent to the Government.

(5) The progress report in Form -IV shall be audited and submitted to Government periodically.

21. Action to be taken in case of unauthorised development which are not regularised.- Action contemplated under sub-sections (14), (15) and (17) of Section 76FF of the Act, shall be taken in the following cases, namely:-

(a)  Unauthorised development for which no application for regularisation is received within the prescribed time limit (including  unauthorised developments for which occupation certificate/door nos. are issued)

(b)  Unauthorised developments which are not eligible to be regularised under these rules.

(c)  Unauthorised developments for which regularisation fees has not been paid within the stipulated time limit prescribed in these rules. (after receiving intimation from the Competent Authority).

22. Repeal and Savings.- (1) The Karnataka Town and Country Planning (Regularisation of unauthorized Developments) Rules, 2007 shall be repealed.

(2) Notwithstanding such repeal applications filled under the repealed rules shall be processed under these rules as if they were file before competent Authority under these rules.

By Order and in the name of

Governor of Karnataka

(T.M.VASUDEVA RAO)

Under Secretary to Government,

Urban Development Department.

 GOVERNMENT OF KARNATAKA

No.UDD556 MyAPRa 2013

Karnataka Government Secretariat Vikasa Soudha, Bangalore, Dated: 31-12-2013

 NOTIFICATION-II

The draft of the following rules to amend the Karnataka Municipal Corporations (Regularisation of unauthorised Development or Constructions) Rules, 2013, which the Government of Karnataka proposes to make in exercise of the powers conferred by section 321-A read with section 421 of the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977), is hereby published as required under section 421 of the said Act for the information of all persons likely to be affected thereby and notice is hereby given that  the said draft will be taken into consideration after thirty days from the date of its publication in the official Gazette.

Any objection or suggestion which may be received by the State Government from any person with respect to the said draft before the expiry of the period specified above, will be considered by the State Government.  Objections and suggestions may be addressed to the Principal Secretary to Government, Urban Development Department, Vikasa Soudha, Bangalore- 560 001.

DRAFT RULES

1. Title and commencement: (1) These rules may be called the Karnataka Municipal Corporations (Regularisation of Unauthorised Development or Constructions) (Amendment) Rules 2013.

 (2) They shall come into force from the date of their publication in the official Gazette.

2. Amendment of rule 2: In rule 2 of the Karnataka Municipal Corporations (Regularisation of unauthorized Development of construction) Rules, 2007 (hereinafter referred to as said rules) clauses (b) and (c) shall be omitted.

3. Amendment of rule 3: In rule 3 of the said rules for the words “The provisions of the Karnataka Town and Country Planning (Regularisation of unauthorised development or constructions) Rules, 2007”.  The following shall be substituted namely:

“The provisions of the Karnataka Town and Country Planning (Regularisation of unauthorised development or constructions) Rules, 2013”

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

GOVERNMENT OF KARNATAKA

No.UDD556 MyAPRa 2013

Karnataka Government Secretariat Vikasa Soudha, Bangalore, Dated: 31-12-2013

NOTIFICATION – III

          The draft of the following rules to amend the Karnataka Municipalities (Regularisation of unauthorised Development or Constructions) Rules 2013, which the Government of Karnataka proposes to make in exercise of the powers conferred by section 187A read with section 323 of the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964), is hereby published as required under section 323 of the said Act for the information of all persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration after thirty days from the date of its publication in the Official Gazette.

          Any objection or suggestion which may be received by the State Government from any person with respect to the said draft before the expiry of the period specified above, will be considered by the State Government.  Objections and suggestions may be addressed to the Principal Secretary to Government, Urban Development Department, Vikasa Soudha, Bangalore –  560 001.

DRAFT RULES

 1. Title and Commencement.- (1) These rules may be called the Karnataka Municipalities (Regularisation of unauthorized Development or constructions) (Amendment) Rules 2013.

          (2) It shall come into force from the date of its publication in the Official Gazette.

2. Amendment of rule 2.- In rule 2 of the Karnataka Municipalities (Regularisation of unauthorised Development or constructions) Rules, 2007 (hereinafter referred to as the said rules) clause (b) and (c) shall be omitted.

3. Amendment of rule 3.- In rule 3 of the said rules for the words “The provisions of the Karnataka Town and Country Planning (Regularisation of unauthorised development or constructions) Rules, 2007”.  The following shall be substituted namely:-

“The provisions of the Karnataka Town and Country Planning (Regularisation of unauthorised development or constructions) Rules, 2013.”