Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore
Of late,
folks are very confused concerning the registration of transfer of properties.
The registration method that was a sleek method here to, all of a explosive has
become terribly tedious job numerous documents, approvals, orders, that weren't
insisted upon earlier. A document that's thought of as correct in one
Sub-registrar’s workplace is rejected as not correct in another Sub-registrar’s
workplace. The Revenue department, the Department of the officer of
Registration, the Commissioner of Stamps and every one the Sub-registrars are
confused themselves and appear unable to guide the general public.
The two
small print, that have affected registration are, the conversion of
agricultural land to non-agricultural purpose and also the approval of layouts.
Agricultural
land cannot be used for the other purpose, unless it's reborn to
non-agricultural purpose.Under Section 95 of the province Land Revenue Act, the
govt. recently introduced a ‘Single Window’ system for conversion of land.
Apart from
conversion of land, the layout ought to be approved by the involved authority. Thenceforth
the building too has to be approved.
Generally, the Urban Development Authority within the district is that
the approving authority for layouts.
But several
layouts are approved by town municipal councils, city municipal councils, and
village panchayats, that have junction rectifier to calibre development works,
inflicting significant monetary burden on the native boards and also the
resultant in-convenience to the folks. The conversion of land for any purpose
apart from agricultural mustn't be in violation of the approved program, CDP
proposals. As so much as metropolis and close aras are involved, there are
numerous designing authorities that approve layouts. Each designing authority encompasses a such that jurisdiction.
People ought
to perceive that the metropolis town Corporation (BCC), the assorted town
municipal councils, TMCs or the village panchayats don't have any authority to
approve layouts that vest with the territorial designing Authorities. several
issues have up owing to the unauthorized and indiscriminate approval of layouts
by these authorities, exposing the general public to hardships.
Approval of plans
Before we
have a tendency to discuss designing authorities, we have a tendency to should
perceive the powers of varied native bodies just like the town companies,
municipal councils, TMCs and village panchayats, to approve building plans.
Constructions
are allowable solely on reborn lands and approved layouts. Village Panchayats might approve building
plans with ground and one structure among their territorial areas solely.
Gramathana sites have return beneath strict scrutiny and lots of punchayet
boards have senselessly issued Forms nine and ten and any approval of building
plans on such gramathana sites need additional precaution.The gramathana sites will be known by
concerning a village map at the Department of Survey and Settlement.
According to
a replacement circular, such sites ought to be certified by the village
comptroller introduction a rough sketch of the gramathana site indicating the
precise location within the village map in conjunction with its boundaries.
If the
gramathana site satisfies of these stipulations, the govt. won't enforce
conversion, and also the village punchayet might approve a building arrange of
ground and one floor on such sites. However, it's terribly troublesome to spot
real gramathana sites as lots of phony documents are in circulation. town
municipal councils, TMC and also the BCC might approve building plans of ground
and 3 floors solely. Any building
arrange in far more than ground and one in village punchayet areas and in far
more than ground and 3 floors within the areas beneath town companies and
municipal council’s wants approval from the urban planning authorities.
Deemed conversion
As expressed
earlier, layouts will be shaped solely on reborn lands. The province tribunal, 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 command that every one agricultural lands among the
jurisdiction of a town corporation ar deemed to be reborn. however the govt.
has processed that there's no such deemed conversion, however that the
competent authority might grant a conversion order.
It is
additionally processed that tho' the betterment charges are paid to the involved
government agency, and also the Katha is issued by the government agency, if
such property comes beneath agricultural land earlier to payment of betterment
charges, conversion of land to non-agricultural purpose is important beneath
the provisions of Section 95 of the province Land Revenue Act (1964).
beneath such circumstances payment of betterment charges and also the supply of
the Katha isn't a conclusive proof of conversion.
Planning authorities
There are
various designing authorities licensed to approve layouts in and around
metropolis. 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
designing authority encompasses a such that jurisdiction.The jurisdiction of
the BDA contains the world beneath the BCC, close town municipal and city
municipal councils and village panchayats.All applications is also
self-addressed to the Commissioner, metropolis Development Authority, Kumara
park, metropolis -20.
The
workplace of the BMRDA is found at the LRDE building, Ali Askar Road,
Bangalore, and has its jurisdiction on Bangalore urban and rural districts and
Malur taluk within the Kolar district, except the areas coated beneath the BDA,
BIAPA and alternative native designing authorities.BIAPA additionally has its
workplace at the LRDE building, Ali Askar Road, Opposite to Palace Guttahalli,
metropolis – fifty two, and has its jurisdiction over the planned new airfield
and its geographical region. BMICPA
encompasses a jurisdiction over the little space of concerning sixty five
sq.kms comprising the Bangalore-Mysore lay to rest passageway space.
Other
designing areas referred on top of have a jurisdiction over various cities and
geographical region.Planning areas beneath the BMRDA is incredibly immense,
however infrastructure out there within the BMRDA isn't enough for quick disposal
of approvals, inflicting a lot of delay. In alternative cases, not referred on
top of, the various urban development authorities just 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 settled in
their geographical jurisdiction. There are twenty seven urban development
authorities within the State.
Apart from
these urban designing authorities, if land is settled within the areas beneath
alternative designing authorities, the applications have to be compelled to be
stated the Member Secretary of the involved designing authority.There are
forty two designing authorities within the state. If properties are placed
outside the jurisdiction of the BDA, BMRDA, BIAPA, BMICPA, urban development
authorities and also the Member Secretary designing Authority, applications
have to be compelled to be submitted to the Assistant Director, urban planning.
Any
development activity needs to be approved by these designing authorities as per
the provisions of the assorted laws and also the native bodies don't have any
authority to grant such permissions.
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