Of late, people are extremely confused about the
registration of transfer of properties. The registration process which was a
smooth process hither to, 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 Sub-registrar’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, and village panchayats, which have 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 council’s 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.
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