THE KARNATAKA TOWN AND COUNTRY PLANNING (AMENDMENT) ACT, 2011
(Received the assent of the Governor on the second day of January, 2012)
KARNATAKA ACT NO. 06 OF 2012
(First published in the Karnataka Gazette Extra-ordinary on the third day of January, 2012)
An Act further to amend the Karnataka Town and Country Planning Act, 1961.
Whereas it is expedient further to amend the Karnataka Town and Country Planning Act, 1961, (Karnataka Act 11 of 1963) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the Sixty-Second year of the Republic of India, as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka Town and Country Planning (Amendment) Act, 2011.
(2) It shall come into force at once.
2. Amendment of section 18.- In section 18 of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) (hereinafter referred to as the principal Act), after sub-section (1), the following shall be deemed to have been inserted with effect from the 3rd day of October, 2009, namely:-
“(1A) Where an application for sanction of sub-division of his plot or make or layout a private street is submitted under section 17 to any Planning Authority, such Planning Authority may levy and collect an additional fee at the rate of rupees one lakh per acre of land, for the purpose of rejuvenation of lakes or water bodies within the planning area.”
3. Amendment of section 18A.- In section 18A of the principal Act, in sub-section (1), after clause (iv), the following shall be deemed to have been inserted with effect from the 3rd day of October, 2009, namely:-
“(v) a cess for the rejuvenation of lakes or water bodies;”
4. Validation.- Notwithstanding anything contained in any judgment, decree or order of any Court, Tribunal or other authority to the contrary, anything done or any action taken or purporting to have been done or taken (including any notices or orders issued and all proceedings held for the levy, assessment and collection of any fee, additional fee or amount purported to have been collected by way of any fee, additional fee or cess in relation to such levy, assessment and collection) from any person for the purpose of rejuvenation of any lake or water body in pursuance of any instructions or order issued by the Government to any authority before the commencement of this Act shall be deemed to be valid and effective as if such levy, assessment or collection or action or thing had been made, taken or done under the principal Act, as amended by this Act and accordingly,-
(a) all acts, proceedings or things taken or done by any authority in connection with levy, assessment or collection of such fee, additional fee or cess shall, for all purposes be deemed to be, and to have always been taken or done in accordance with law;
(b) no suit or other proceedings shall be maintained or continued in any Court of Tribunal or before any authority for the refund of any such fee, additional fee or cess; and
(c) no court shall enforce any decree or order directing the refund of any such fee, additional fee or cess.
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