Before discussing
about planning authorities,we shall understand about the powers of local
bodies like City Corporation,Municipal Councils, TMC, 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 structures within their
jurisdictional areas only.Gramathana sites have come under strict scrutiny and
many Panchayat Boards have mindlessly issued Form 9 & 10 and any approval
of building plans on such gramathana sites requires extra precaution.The gramathana sites can be identified by referring to village map of department of survey and settlement.As per new circular such sites should be certified
by village accountant enclosing a rough sketch of the gramathana site indicating
the exact location in the village map and its boundaries.If the gramathana site satisfies all these
stipulations, the Government will not insist on conversion, and village
panchayat may approve building plan of ground plus one floor on such site.However, it is very difficult to identify
genuine gramathana sites as lot of bogus documents are in circulation.
City Municipal
Councils, TMC and Bangalore City Corporation may approve building plans upto
ground plus three floors only. Any
building plans in excess of ground plus one in village panchayat areas and inexcess of ground plus three floors in the area of city corporation and
municipal councils needs approval from Town Planning Authorities.
Deemed Conversion
As stated earlier,
the layouts have to come only in converted lands. Hon’ble High Court of Karnataka in its
judgement in BDA V/s. Vishwa Bharathi House Building Co-operative Society
(1992(1) LJ 523B (DB) ILR 1991 KAR 440 (DB) has held that agricultural lands
within the jurisdiction of a City Corporation is deemed to be converted.But Government has clarified that there is no
such deemed conversion, but the competent authority may grant conversion order.
Payment of Betterment Charges
It is also clarified
that though the betterment charges are paid to the concerned local authority,and katha has been issued by the local authority, if such property is an
agricultural land earlier to payment of betterment charges.Conversion of land to non-agricultural purpose
is necessary under the provisions of section 95 of Karnataka Land Revenue Act
1964.In this circumstances payment of
betterment charges and issuance of the Katha is not a conclusive proof of conversion.
Planning Authorities
There are various
planning authorities authorized to approve layouts in and around
Bangalore. They are;
1. Bangalore Development Authority.
2. Bangalore Metropolitan Regional
Development Authority (BMRDA).
3. Bangalore International Airport
Planning Authority (BIAPA).
4. Ramanagaram-Channapatna Urban
Development Authority (RCUDA).
5. Nelamangala Planning Authority.
6. Magadi Local Planning Authority.
7. Kanakapura Local Planning Authority.
8. Bangalore Mysore Infrastructure
Corridor Planning Authority (BMICAPA).
Each planning authority
has specified jurisdiction.The jurisdiction of BDA comprises the area of
Bangalore City Corporation surrounding City Municipal and Town Municipal Councils and VillagePanchayats and applications may be addressed to
Commissioner,Bangalore Development Authority, Kumarapark, Bangalore-20.
The office of BMRDA
is located at LRDE building, Ali Askar Road, Bangalore, and has jurisdiction on
Bangalore Urban and Rural Districts and Malur
taluk of Kolar district, except areas covered under BDA, BIAAPA and other
Local Planning Authorities.
BIAAPA also has its office at LRDE building, Ali Askar Road,opposite to Palace Guttahalli
Bangalore-52, and has jurisdiction over the proposed new airport and its
environs.
BMICAPA has
jurisdiction over small area of about 65 Sqkms comprising Bangalore-Mysore
Inter Corridor Area.Other planning areas referred above have Jurisdiction over
respective towns and environs.
Planning area under
BMRDA is very vast, but infrastructure available in BMRDA is not enough for
speedy disposal of approvals,causing much delay.In other cases, not referred
above the respective Urban Development Authority like Shimoga Urban Development
Authority,Bellary Urban
Development Authority has jurisdiction to approve the 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 the land is situate in the areas of any planning
authorities, the applications have to be referred to the member secretary of
concerned planning authority.There are
42 planning authorities in the state.If the properties are located outside the jurisdiction of BDA, BMRDA, /BIAAPA,BMICAPA,Urban Development Authorities,Member Secretary Planning Authority, the application have to be submitted to
Assistant Director, Town Planning.
Only these
authorities have powers to approve layouts and building plans within its
stipulations.Any development activities
have to be permitted by these planning authorities as per the provisions of various laws and local bodies have no authority to grant such permissions.
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