People are aware of the existence
of BDA because of its allotment of sites, but not aware of Bangalore
Metropolitan Region Development Authority, which is an equally important
institution which has powers to approve layout and building plans. BMRDA was
formed under BMRDA Act, 1985 to provide for the establishment of an authority for
the purpose of planning, coordinating and supervising the proper and orderly
development of the areas within the Bangalore Metropolitan Region and to
provide for matters connected therewith.
Powers and Functions of BMRDA
1. Perform survey of the Bangalore
Metropolitan Region and prepare reports on those surveys.
2. Prepare structure plan for the
development of the Bangalore Metropolitan Region.
3. To cause to be carried out such works as
are contemplated in the structure plan.
4. Formulate as many schemes as are
necessary for implementing the structure plan of the Bangalore Metropolitan
Region.
5. Secure, co-ordinate and execute the town
planning scheme and the development of the Bangalore Metropolitan Region in
accordance with the said schemes.
6. Raise
finance for any project or scheme for the development of the Bangalore
Metropolitan Region and to extend assistance to the local authorities in the
Region for execution of such project or schemes.
7. Perform
such other acts and things as may be entrusted by the Government or as may be
necessary for, or incidental or conducive to, any matters which are necessary
for furtherance of the objects for which the Authority is constituted.
8. Entrust
to any local authority the work of execution of any development plan or town
planning scheme.
9. Co-ordinate the activities of the
Bangalore Development Authority, BBMP, the Bangalore Water Supply and Sewerage
Board, the Karnataka Slum Clearance Board, the Karnataka Electricity Board, the
Karnataka Industrial Areas Development Board, the Karnataka State Road
Transport Corporation and such other bodies as are connected with development
activities in the Bangalore Metropolitan Region.
Permissions Required for
Development Activities
1. Notwithstanding anything contained in
any law for the time being in force, except with the previous permission of the
Authority, no authority or person shall undertake any development within the
Bangalore Metropolitan Region of the types as the Authority may from time to
time specify, by notification published in the official Gazette [Sec. 10 (1)].
2. No
local authority shall grant permission for any development referred to in
sub-section (1) of sec. 10, within the Bangalore Metropolitan Region, unless
the Authority has granted permission for such development.
3. Any
authority or person desiring to undertake development referred in sub-section
(1) of the said section shall apply in writing to the Authority for permission
to undertake such development.
4. The
authority shall, after making such inquiry as it deems necessary grant such
permission without any conditions or with such conditions as it may deem fit to
impose or refuse to grant such permission.
5. Any
authority or person aggrieved by the decision of the Authority under
sub-section (4) of sec. 10 may, within thirty days from the date of the
decision appeal against such decision to the State Government, whose decision
thereon shall be final, provided that, where the aggrieved authority submitting
such appeal is under the administrative control of the Central Government, the
appeal shall be decided by the State Government, after consultation with the
Central Government.
6. In
case any person or authority does anything contrary to the decision given under
sub-section (4) as modified in sub-section (5) of sec. 10 the Authority shall
have power to pull down, demolish or remove any development undertaken contrary
to such decision and recover the cost of such pulling down, demolition or
removal from the person or authority concerned.
Generally developers will
overwhelm the public with dream offers, colourful literature, attractive prices
and incredible incentives. With persuasive charm they will convince that buying plot is the bargain of your lifetime, a chance not to be missed. But be on your
guard, Make absolutely certain that your developer has the approval of the
appropriate authorities. Unapproved Layouts could cause you problems. You could
land in difficulties with the Authorities as your layout does not fulfill legal
requirements of the Land Revenue Act, the Land Reforms Act, the Town and
Country Planning Act and BMRDA Act. You will also be liable to pay various
statutory fees and levies which have not been paid by the developer.
Unauthorised layouts are often without basic amenities and do not conform to
Town Planning requirements. They may lack proper roads and open spaces which
should be about 50% of the total area, as stipulated by law. Such layouts will
prove to be inconvenient in the long run and have lesser resale value.
The Authorities to approve
Layouts
- The Bangalore Metropolitan Region Development Authority (BMRDA) – for Bangalore Urban and Rural Districts and Malur Taluk of Kolar District excluding the areas covered by BDA, BIAPPA and other LPAs.
- The Bangalore International Airport Area Planning Authority (BIAAPA) – for its local planning area which includes the area of proposed new airport and its environs.
- The Ramanagaram – Channapatna Urban Development Authority (RCUDA) – for Ramanagaram – Channapatna Local Planning Area.
- Nelamangala Local Planning Authority – for Nelamangala Town & its environs.
- Magadi Local Planning Authority – For Magadi Town & its environs.
- Kanakapura Local Planning Authority – LPA of Kanakapura.
- Anekal Local Planning Authority – LPA of Anekal.
- Bangalore Mysore Infrastructure Corridor Area Planning Authority (BMICAPA) for such areas as is provided in the Act.
Directions by the Authority
1. The Authority, in order to carry out the
development plans and schemes formulated under section 9 or any town planning
scheme may issue directions to the Bangalore Development Authority, Bangalore
Water Supply and Sewerage Board, Karnataka Power Transmission Corporation and
such other bodies as are connected with developmental activities in the
Bangalore Metropolitan Region. The directions issued by the Authority shall
prevail over any directions issued by the Bangalore Development Authority under
section 53 of the Bangalore Development Authority Act 1976 (Karnataka Act 12 of
1976).
2. Notwithstanding
anything contained in any other law for the time being in force, every such
direction shall be complied with by the body to whom it is issued.
On failure, it shall be competent
for the Authority to take necessary action to carry out the directions issued
under sub-section (1) of sec. 18 and recover expenses, if any, incurred
therefore from the body concerned.
3. Any dispute which arises between the
Authority and the Boards or other bodies referred to in sub section (1) of sec.
18 in respect of the directions issued to them shall be determined by the State
Government whose decision shall be final.
Penalty for breaching
Whoever contravenes any of the
Provisions of this Act or of any rules, regulations, or byelaws or schemes made
or sanctioned thereunder shall be punishable with imprisonment for a term which
may extend to one year or with fine which may extend to ten thousand rupees or
with both and in the case of continuing contravention, with additional
imprisonment for a term which may extend to one month or with fine which may
extend to five hundred rupees or both for each day during which the
contravention continues.
Offences by companies
1. If
the person committing an offence under this Act is a company, every person who
at the time the offence was committed was in charge and responsible to the
company for the conduct of its business and the company, shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished
accordingly. Provided that nothing contained in this sub-section shall render
any such person liable to any punishment provided in this Act if he proves that
the offence was committed without his knowledge or that he exercised all due
diligence to prevent the commission of such offence.
2. Notwithstanding anything contained in
sub-section (1) of sec. 21 where an offence under this Act has been committed
by a company and it is proved that the offence has been committed with the
consent or connivance of, or is attributable to any neglect on the part of any
director, manager, secretary or other officer of the company, such director,
manager, secretary or other officer of the company, shall be liable to be
proceeded against and punished accordingly.
Act to over-ride other laws
The provisions of this Act shall
have over riding effect notwithstanding anything inconsistent therewith
contained in any other law for the time being in force.
The area covered under BMRDA is
very vast.
More,
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