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 Subregistrar’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 Sub-registrars
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 (TMCs), 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 Bangalore and 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,
Bangalore -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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