Saturday 14 February 2015

APPROVAL OF BUILDING PLANS

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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 in excess 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;
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 hasjurisdiction 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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