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Tag: 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

WHAT IS THE LEGAL ACTION TO BE TAKEN ON THE ILLEGAL AND UNAUTHORISED CONSTRUCTIONS AND LAYOUTS, IF THEY ARE NOT REGULARISED WITHIN THE PRESCRIBED PERIOD – SECTION 76 F, DEAL WITH IT UNDER KTCP ACT – DEMOLITION – REMOVAL !!

January 17, 2014January 17, 2014 by ecopackindia, posted in 1

DEMOLISH OR REMOVE THE UNAUTHORISED OR ILLEGAL OR VIOLATED OR DEVIATED BUILDING, STRUCTURE OR LAYOUT, IF IT IS NOT REGULARISED WITHIN THE PRESCRIBED PERIOD;   READ THE NEWS REPORT: READ THE ENTIRE TRANSCRIPT OF THE REGULARISATION SCHEME OR THE AKRAMA URBAN DEVEOPMENT DEPARTMENT SECRETARIAT             NOTIFICATION – I No.UDD 666 MyAPRa 2013' Bangalore, Dated: 31-12-2013 … Continue reading WHAT IS THE LEGAL ACTION TO BE TAKEN ON THE ILLEGAL AND UNAUTHORISED CONSTRUCTIONS AND LAYOUTS, IF THEY ARE NOT REGULARISED WITHIN THE PRESCRIBED PERIOD – SECTION 76 F, DEAL WITH IT UNDER KTCP ACT – DEMOLITION – REMOVAL !!

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Tagged % 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 ca, (15) and (17) of Section 76FF of the Act, (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 , (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, (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, - (l) "Act" means the Karnataka Town and Country Planning Act, 1957 as prevailing on the date of 19th October, 1961, 1961 (Karnataka Act 11 of 1963); (2) "Appellate Authority" means, 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, 1964, 1964 (Karnataka Act 22 of 1964), 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 vi, 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, 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. Si, 1976, 1976 (Karnataka Act 14 of 1977), 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 , 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, 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 Cou, 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 ru, 2007”. The following shall be substituted namely: “The provisions of the Karnataka Town and Country Planning (Regularisation of unauthorised development or constructions) Rules, 2013, 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 again, 2013. (4) "Section" means section of the Act. (5) "Structural Engineer" means and includes a qualified Civil Engineer specialised in Structures, 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, agricultural purpose, akrama-sakrama-latest-update, along with interest, 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, as may be specified therein, – (a) On land abutting to storm water drains, “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, “unapproved and violated development”, bangalore, 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) Rule, Bangalore Metropolitan Region Development Authority shall be the Appellate Authority. (a) For other cities, 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) , 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 c, betterment fee, buildings therein, but before the date of 19 th October 2013. 2. Definitions: In these rules, 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 subjec, but not later than ninety days, 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, civic amenities, Civil Court, 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, 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, Dated: 31-12-2013 The draft of the Karnataka Town and country Planning (Regulaflon of unauthorized development or constructions) Rules 2013, demolish-if not regularised, demolition of buildings and layouts, details of abutting roads, development charges, 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 th, drinking water, 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 t, 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 s, for regularisation which is registered before the date of 19th October, for violated portions, from the total amount to be paid for regularization: The payment of betterment levy, having Corporations (Other than Bangalore), High Court any other Court or any order or judgments passed by any such Court, if any, if any within such time limit, if applicable, if it is made, 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, improvement charges, 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, in the following sequences, informing the status of the application. (4) While scrutinising the application, intimated by the Competent Authority, 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 con, 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 con, ktcp act, lighting, may apply to the competent Authority concerned in Form –I, nala, namely, namely: (a) (i) For Bruhath Bangalore Mahanagara Palike; (ii) For Bangalore Development Authority; and (iii) For Balgalore-Mysore Infrastructure Corridor Area Planning Authority, 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, namely:- (1) On receipt of application for regularisation, 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, 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 build, namely:- (a) Unauthorised development for which no application for regularisation is received within the prescribed time limit (including unauthorised developments for which occupation certificate/doo, 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 Regulatio, namely:- (i) In respect of land use violation and unauthorised development of layouts/sites, 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 Urb, 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, open spaces and play grounds and public and public/semi public activities in the respective Master Plans, 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 eligi, or Tribunal in respect of such property. (5) The owners of all "Un-authorised development", paid under the Karnataka Municipal Corporations Act, pass a provisional order in Form-II. (5) After scrutinising the application, pass an order in prescribed form for rejecting the application for regularisation stating the reason for rejection. (10) In case, Planning Authorities and Municipalities, prescribed fees shall be paid as mentioned in sub-rules (1), regularisation shall be considered after conversion under Section 95 of the Karnataka Land Revenue Act, river course etc. as specified in the respective Zonal Regulations; (b) In areas where land uses have been reserved for park, 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, roads, services provided (power supply & water supply with respective bills, 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 , shall be taken in the following cases, 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 dispos, subject to final decision in respect of pendency of any case before Tribunal, 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 byelaw, 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 deve, tank bed areas, the appellate authorities specified below to hear the appeals against orders passed by the Competent Authority, the application for regularisation is rejected, the Authority competent to scrutinise the applications for regularisation and pass necessary orders, the Bangalore Development Authority Act, 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 build, the Competent Authority may issue notice to the owners, the competent authority may issue notice to the owners or association of owners, the Competent Authority shall, 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 b, 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, 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 , 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 Com, 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 regu, 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 Technic, 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, 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, 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 regularisati, 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, the fees remitted by the applicant, the Karnataka Municipalities Act, the Karnataka Town and Country Planning Act, the Metropolitan Commissioner, 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 am, the respective Regional Commissioner; and (b) For other Urban Development Authorities, the same can be submitted later, then such applications shall be rejected, 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 unau, 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) Appr, unless the context otherwise requires, 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 con, urban development department, Urban Development Department. GOVERNMENT OF KARNATAKA No.UDD556 MyAPRa 2013 Karnataka Government Secretariat Vikasa Soudha, URBAN DEVEOPMENT DEPARTMENT SECRETARIAT NOTIFICATION – I No.UDD 666 MyAPRa 2013' Bangalore, VIKASA SOUDHA, what happened to akrama-sakrama-2014, what is the procedure for demolition of illegal and unauthorised buildings?, when the illegal and unauthorised buildings demolished?, 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, 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, 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, who has been registered under concerned Urban Local Body. (2) "Competent Authority" means, who has been registered under concerned Urban Local Body. (6) "Unauthorised development" means the development carried out under the following categories, who have not joined the application for regularisation, will be considered by the State Government. Objections and suggestions may be addressed to the Principal Secretary to Government

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