Of
late, people are extremely confused about the registration of transfer of
properties. The registration process which was a smooth process hitherto,all
of a sudden has become very tedious calling various documents, approvals,
orders, which were not insisted upon earlier.A document that is considered as
correct in one Sub-registrar’s office is rejected as not correct in another
Subregistrar’s office.The
Revenue department,the
Department of the Inspector General of Registration, the Commissioner of Stamps and all the Subregistrars are confused themselves and seem unable to guide the
public.
The
two important points, that have affected registration are, the conversion of
agricultural land to non-agricultural purpose and the approval of layouts.Agricultural
land cannot be used for any other purpose, unless it is converted to
non-agricultural purpose.Under Section 95 of the Karnataka Land Revenue Act,the
Government recently introduced a ‘Single
Window’system for conversion of land.
Apart
from conversion of land, the layout should be approved by the concerned
authority.Thereafter the building too needs to be approved.Generally, the Urban Development Authority in
the district is the approving authority for layouts.
But
many layouts are approved by the city municipal councils, town municipal councils, and village panchayats,which
has led to low quality development works, causing heavy financial burden on the
local boards and the resultant in-convenience
to the people.The conversion of land for any purpose
other than agricultural should not be in violation of the approved master plan, CDP proposals.As far as Bangaloreand surrounding areas are concerned, there are various planning authorities which approve layouts.Each
planning authority has a specified jurisdiction.
People
should understand that the Bangalore City Corporation (BCC), the various city
municipal councils, TMCs or the village panchayats do not have any authority to
approve layouts which vest with the Jurisdictional Planning Authorities.Many
problems have risen because of the unauthorized and indiscriminate approval of
layouts by these authorities, exposing the public to hardships.
Approval of plans
Before
we discuss planning authorities, we must understand the powers of various local
bodies like the city corporations, municipal councils, TMCs and village
panchayats, to approve building plans.
Constructions
are permitted only on converted lands and approved layouts. Village Panchayats may approve building plans
with ground plus one structure within their
jurisdictional areas only.Gramathana sites have come
under strict scrutiny and many Panchayat boards have mindlessly issued Forms 9
and 10 and any approval of building plans on such gramathana sites require
extra precaution.The gramathana sites can be identified by referring to a village map at the Department of Survey and
Settlement.
According
to a new circular, such sites should be certified by the village accountant
enclosing a rough sketch of the gramathana site indicating the exact location
in the village map along with its boundaries.
If
the gramathana site satisfies all these stipulations, the Government will not
insist on conversion, and the village Panchayat may approve a building plan of
ground plus one floor on such
sites.However, it is very difficult to identify
genuine gramathana sites as a lot of bogus documents are in circulation. City municipal
councils,TMC and the BCC may approve building plans
of ground plus three floors only.Any
building plan in excess of ground plus one in village Panchayat areas and in
excess of ground plus three floors in the areas under the city corporations and municipal councils needs approval from the town planning authorities.
Deemed
conversion
As
stated earlier, layouts can be formed only on converted lands. The Karnataka High Court, in its Judgment in
BDA V/s Vishwa Bharathi House Building Co-operative Society (1992(1) LJ 523B
(DB) ILR 1991 KAR 440 (DB) has held that all agricultural lands within the
jurisdiction of a city corporation are deemed to be converted. But the Government has clarified that there
is no such deemed conversion, but that the competent authority may grant a
conversion order.
It
is also clarified that though the betterment charges are paid to the concerned
local authority,and the Katha is issued by the local authority, if such
property comes under agricultural land earlier to payment of betterment
charges, conversion of land to non-agricultural purpose is necessary under the
provisions of Section 95 of the Karnataka Land Revenue Act (1964).Under such circumstances payment of betterment charges and the issuance of the Katha is not a conclusive proof of
conversion.
Planning authorities
There
are numerous planning authorities authorized to approve layouts in and around
Bangalore.They are;
Bangalore
Development Authority (BDA)
Bangalore
Metropolitan Regional Development Authority (BMRDA)
Bangalore
International Airport Planning Authority (BIAPA)
Ramanagarm
– Channpatna Urban Development Authority (RCUDA)
Nelamangala
Planning Authority
Magadi
Local Planning Authority
Kanakapura
Local Planning Authority
Bangalore
Mysore Infrastructure Corridor Planning Authority (BMICPA)
Each
planning authority has a specified
jurisdiction.The jurisdiction of the BDA comprises the
area under the BCC,surrounding city municipal and town municipal councils and village panchayats. All
applications may be addressed to the Commissioner Bangalore Development Authority,
Kumara park,Bangir-20.
The office of the BMRDA is located at the LRDE building,Ali Askar Road, Bangalore,
and has its jurisdiction on Bangalore urban and rural districts and Malur taluk
in the Kolar district, except the areas covered under the BDA, BIAPA and other
local planning authorities.BIAPA also has its office at the LRDE building, Ali
Askar Road, Opposite to Palace Guttahalli, Bangalore – 52, and has its
jurisdiction over the proposed new airport and its environs. BMICPA has a jurisdiction over the small area
of about 65 sq.kms comprising the Bangalore-Mysore Inter Corridor Area.
Other
Planning areas referred above have a jurisdiction over respective towns and environs.Planning
areas under the BMRDA is very vast, but infrastructure available in the BMRDA
is not enough for speedy disposal of approvals,
causing much delay.In other cases, not referred above,
the respective urban development authorities like the Shimoga Urban Development
Authority, the Bellary Urban Development Authority etc., have the jurisdiction
to approve the formation of layouts, if the lands are situated in their geographical jurisdiction. There
are 27 urban development authorities in the State.
Apart
from these urban planning authorities, if land is situated in the areas under
other planning authorities, the applications have to be referred to the Member
Secretary of the concerned planning authority.There are 42 planning authorities in the
state.If properties are located outside the jurisdiction of the BDA, BMRDA,
BIAPA, BMICPA, urban development authorities and the Member Secretary Planning
Authority, applications have to be submitted to the Assistant Director, Town
Planning.
Any
development activity has to be approved by these planning authorities as per the
provisions of the various laws and the local bodies have no authority to grant
such permissions.
For more details,
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