Government of Karnataka vide its Circular Ref. No. HUD/259/ MLR/96
dated: 19/11/1996 has clarified many points relating to the approval of Building plans and transfer of Khathas in Bangalore Urban District area by the
City Municipal Councils and Town Municipal Councils.
City Municipal Councils and Town Municipal Councils in Bangalore Urban
District are empowered in sanction of plans of building comprising of ground+3
floors, after the plans are scrutinized by the Junior Town Planning
Authorities. However, it was stipulated
that the plans should conform to the land use and zonal regulations of the
revised comprehensive development plan (CDP) of Bangalore. Further, it was stipulated that the building
plans shall be sanctioned only after effecting the transfer of Khatha.
Accordingly, the City
Municipal Councils and Town Municipal Councils in Bangalore Urban District are
given powers to transfer the Khatha under Section 111 to 113 of Karnataka
Municipal Act, 1966; provided that the sites are formed after the land is converted and layout approved by the erstwhile Panchayats and subject to
compliance of land use as per the Comprehensive Development Plan (CDP). Further, it was held that the local bodies
should collect betterment fees as prescribed by the Bangalore Development
Authority, from time to time.
It was further clarified that, in case Khatha is already transferred,
the local bodies have to collect development fee, in addition to betterment fee
for the building floor area at 2% for residential; Rs.4/- for industrial area
and Rs.10/- for commercial area per Sq.meter, before sanction of the plan.
Further, it was decided that the Sanctioning Authority of the Plan should
verify whether there is access to the site or otherwise, even if the site is a
part of layout approved by panchayat/notified area committee.
It was also held that though the layout area is approved by the
Panchayats/notified area committees, the Municipal Commissioner / Chief Officer
shall not sanction the building plans, if there is a change in the land use
from Comprehensive Development Plan
(CDP) proposals. Such cases should be
directed to approach BDA for change of land use.
The local bodies should not transfer the Khathas, sanction the building
plans in the layouts approved by the BDA, until such layouts are handed over to
local bodies. Further local bodies shall
not entertain any transfer of khatha, sanction of building plan; if the site is
in the notified area of acquisition of BDA, the details of which may be
obtained from the BDA.
Further, it was directed that the local bodies in Bangalore urban
district area are not permitted to approve layout plans/group housing and other
development plans, which should be referred to BDA.It was however held that all
the building plans above ground+ 3 floors needs clearance from BDA before
sanctioning.
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