URBAN DEVELOPMENT SECRETARIAT NOTIFICATION

rules · 1961 · Karnataka

Download PDF Parent Act Back to Subordinates

Parent: The KARNATAKA TOWN AND COUNTRY PLANNING ACT, 1961 (0fe2e5f2a5c3f1e66466d75883b806f0a34194a2)

Text

URBAN DEVELOPMENT SECRETARIAT NOTIFICATION No. UDD 556 MyApRa 2013(1), Bangalore, Dated: 28-05-2014 Whereas the draft of the Karnataka Town and Country Planning (Regularisation of unauthorized Development or Constructions) Rules, 2013, was published as required by section 76FF read with section 74 of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) in notification No.UDD 556 MyAPRa 2013, dated 31.12.2013 in part IV-A of the Karnataka Extraordinary Gazette dated 31.12.2013 inviting objections and suggestions from all persons likely to be affected thereby within thirty days from the date of its publication in Official Gazette. And whereas the said Gazette was made available to public on 31.12.2013. And Whereas objections and suggestions have been received and considered by the State Government. Now, therefore, in exercise of the powers conferred by section 76FF and readwith section 74 of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), the Government of Karnataka hereby makes the following rules namely:- RULES Title and commencement. -(1) These rules may be called the Karnataka Town and Country Planning (Regularisation of unauthorised Development or Constructions) Rules, 2014. They shall come into force from the date of their publication in the official Gazette. They shall apply to all unauthorised development that have come up on or after the date of approval of the first Master Plan of respective cities or towns, but before the date of 19th October, 2013. Definitions. -In these rules, unless the context otherwise requires,- "Act" means the Karnataka Town and Country Planning Act, 1961(Karnataka Act 11 of 1963); " Appellate Authority " means, the Appellate authorities specified below to hear the appeals against the

Rule TOC

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:-

11 · Application for Regularisation.- (1) The application in Form –I for regularisation under these rules shall be filed by a person who is entitled to it to the competent Authority concerned within one year from the date of notification made by Government calling for application along with the calculated fee on self assessment subject to payment of shortfall if any intimated by the competent Authority and document specified below.

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:-