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Friday, 15 August 2014

MAKE SURE YOU APPROACH THE RIGHT AUTHORITY FOR REGISTRATION

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Of late, folks are extraordinarily confused concerning the registration of transfer of properties. The registration method that was a sleek method here to, all of a sudden has become terribly tedious calling numerous documents, approvals, orders, that weren't insisted upon earlier.A document that's thought-about 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 square measure confused themselves and appear unable to guide the general public.

The two details, that have affected registration are, the conversion of agricultural land to non-agricultural purpose and therefore the approval of layouts.Agricultural land cannot be used for the other purpose, unless it's born-again to non-agricultural purpose.Under Section ninety five of the Karnataka 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 must be approved.  Generally, the Urban Development Authority within the district is that the approving authority for layouts.

But several layouts square measure approved by the town municipal councils, city municipal councils, and village panchayats that have diode to caliber development works, inflicting serious monetary burden on the native boards and therefore the resultant in-convenience to the folks. The conversion of land for any purpose apart from agricultural shouldn't be in violation of the approved program,CDP proposals.As way as metropolis and encompassing square measures are involved,there square measure numerous coming up with authorities that approve layouts.Each coming up with authority incorporates a specific jurisdiction.

People ought to perceive that the Bangalore town Corporation (BCC), the varied town municipal councils, TMCs or the village panchayats don't have any authority to approve layouts that vest with the territorial coming up with 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 coming up with authorities, we have a tendency to should perceive the powers of varied native bodies just like the town corporations,municipal councils, TMCs and village panchayats, to approve building plans.

Constructions square measure permissible solely on converted lands and approved layouts.Village Panchayats might approve building plans with ground and one structure at intervals their territorial areas solely. Gramathana sites have come back below strict scrutiny and plenty of panchayat boards have senselessly issued Forms nine and ten and any approval of building plans on such gramathana sites need additional precaution.The gramathana sites are known by pertaining to a village map at the Department of Survey and Settlement.

According to a brand new circular, such sites should be certified by the village controller intromission a rough sketch of the gramathana site indicating the precise location within the village map beside its boundaries.If the gramathana web site satisfies of these stipulations, the govt won't put in force conversion, and therefore the village panchayet might approve a building arrange of ground and one floor on such sites. However, it's terribly tough to spot real gramathana sites as plenty of phoney documents square measure in circulation.Town municipal councils, TMC and therefore the BCC might approve building plans of ground and 3 floors solely.Any building arrange in more than ground and one in village panchayet areas and in more than ground and 3 floors within the areas below the town companies and municipal council’s desires approval from the planning authorities.
 
Deemed conversion
As explicit earlier, layouts is shaped solely 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 control that every one agricultural lands at intervals the jurisdiction of a town corporation are deemed to be converted. however the govt has processed that there's no such deemed conversion, however that the competent authority might grant a conversion order.

It is conjointly processed that although the betterment charges square measure paid to the involved federal agency, and therefore the Katha is issued by the federal agency, if such property comes below agricultural land earlier to payment of betterment charges, conversion of land to non-agricultural purpose is important below the provisions of Section 95 of the Karnataka Land Revenue Act (1964). Below such circumstances payment of betterment charges and therefore the supplying of the Katha isn't a conclusive proof of conversion.

Planning authorities
There are varied coming up with authorities approved 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 native planning Authority
Kanakapura native planning Authority
Bangalore Mysore Infrastructure corridor planning Authority (BMICPA)


Each coming up with authority incorporates a specific jurisdiction.The jurisdiction of the BDA includes the realm below the BCC, encompassing 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 metropolis urban and rural districts and Malur taluk within the Kolar district, except the areas lined below the BDA, BIAPA and different native planning authorities.BIAPA conjointly 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 field and its geographic region.  BMICPA incorporates a jurisdiction over the little space of concerning 65 sq.kms comprising the Bangalore-Mysore entomb corridor space.

Other coming up with areas referred on top of have a jurisdiction over several cities and geographic region.Planning areas below the BMRDA is incredibly vast; however infrastructure obtainable within the BMRDA isn't enough for fast disposal of approvals, inflicting a lot of delay. In different cases, not referred on top of, the several 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 set in their geographical jurisdiction.There are twenty seven urban development authorities within the State.

Apart from these urban coming up with authorities, if land is set within the areas below different coming up with authorities, the applications need to be noted the Member Secretary of the involved coming up with authority.There are forty two coming up with authorities within the state. If properties are set outside the jurisdiction of the BDA, BMRDA, BIAPA,BMICPA,urban development authorities and therefore the Member Secretary coming up with Authority, applications need to be submitted to the Assistant Director, planning.

Any development activity needs to be approved by these coming up with authorities as per the provisions of the varied laws and therefore the native bodies don't have any authority to grant such permissions.

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