KARNATAKA REGULARISATION OF UNAUTHORISED CONSTRUCTIONS IN URBAN AREAS ACT, 1991
29 of 1991
November 8, 1991
An Act to provide for regularisation of certain unauthorised constructions in urban areas. Whereas, it is expedient to provide for regularisation of certain unauthorised constructions in urban areas; Be it enacted by the Karnataka State Legislature in the Forty-second Year of the Republic of India as follows.
Section 1 Short title and commencement
(1) This Act may be called the Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
Section 2 Definitions
In this Act, unless the context otherwise requires.-
(1) "Authority" means.-
(i) the Bangalore Development Authority constituted under the Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976); or
(ii) an Urban Development Authority constituted under the Karnataka Urban Development Authorities Act, 1987 (Karnataka Act 34 of 1987); or
11. Clause (6) omitted by Act No. 27 of 1995 and shall be deemed to have come into force w.e.f. 3-6-1995. [(1-A) "Competent Authority" means a Competent Authority appointed under Section 6;] (iii) an Improvement Board established under the Karnataka Improvement Boards Act, 1976 (Karnataka Act 11 of 1976);
(2) "Construction" means any permanent structure;
(3) "Family" in relation to a person means, an individual, wife or husband, as the case may be, of such individual and their unmarried minor children;
(4) "Permanent Structure" means any building whether of masonry, bricks, wood, mud, metal or any other materials whatsoever;
(5) "Revenue Site" means a site formed without approval under the relevant law relating to town and country planning or the erection of building on land which has not been diverted in accordance with S.95 of the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964);
11. Clause (6) omitted by Act No. 27 of 1995 and shall be deemed to have come into force w.e.f. 3-6-1995. [(6) x x x x x;]
(7) "Unauthorised Construction" means any construction made without obtaining a building licence, or after obtaining a building licence which is issued in violation of anv law relating to town and country planning of erection of building 22. Inserted by Act No. 9 of 1994 and shall be deemed to have come into force w.e.f. 1-8-1992. [and includes land appurtenant thereto not exceeding maximum extent as may be prescribed;]
(8) "Urban area" means.-
(i) any area within the limits of a City Municipality or a Town Municipality declared under the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964);
(ii) any urban area within the limits of an Improvement Board established under the Karnataka Improvement Board Act, 1976 (Karnataka Act 11 of 1976);
(iii) the Bangalore Metropolitan area as defined in the Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976);
(iv) any urban area as defined in the Karnataka Urban Development Authorities Act, 1987 (Karnataka Act 34 of 1987); and includes such other area adjacent to the aforesaid area as the State Government may, by notification specify.
Section 3 Regulation
Notwithstanding anything contained in any law, but subject to such rules as may be prescribed, any unauthorised construction made in any urban area, except those specified in Section 4, made prior to the 33. Substituted for the words and figures "Thirty-first day of March, 1990" by Act No. 27 of 1995 and shall be deemed to have come into force w.e.f. 3-6-1995. [First day of January, 1995], by any person, on land.-
(i) belonging to the State Government; or
(ii) which is a revenue site owned by him; or
(iii) belonging to him which is proposed to be acquired in connection with any development scheme of an Authority, in relation to which a notification under the Bangalore Development Authority Act, 1976, or under S.17 of the Karnataka Urban Development Authorities Act, 1987, or under S.15 of the Karnataka Improvement Boards Act, 1976, is published and which, has not yet vested in favour of any Authority for which the acquisition is proposed.
may, on the application of such person made 11. Inserted by Act No. 27 of 1995 and shall be deemed to have come into force w.e.f. 1-8-1992. [before the Thirty-first day December, 1995], be regularised in accordance with the provisions of this Act.
Section 4 Unauthorised constructions which shall not be regularised
The following unauthorised constructions shall not be regularised; namely.-
(i) unauthorised constructions coming in the way of existing or proposed roads 11. Inserted by Act No. 27 of 1995 and shall be deemed to have come into force w.e.f. 1-8-1992. [including those proposed for widening] and railway lines, communications and other civic facilities or public utilities;
[(ii) x x x x x;]
(iii) unauthorised constructions made in forest land or on tank bed; [(iv) x x x x x;]
(v) unauthorised constructions made by any person on the land belonging to another person over which former has no title;
[(vi) x x x x x;]
(vii) unauthorised constructions made in violation of Urban (Land Ceiling and Regulation) Act, 1976 (Central Act 33 of 1976);
11. Section 6 substituted by Act No. 27 of 1995 and shall be deemed to have come into force w.e.f. 3-6-1995. [(vii-a) unauthorised constructions on land belonging to the State Government and appurtenant to any building belonging to the State Government;
22. Substituted for the words "an order of regularisation" by Act No. 9 of 1994 and shall be deemed to have come into force w.e.f. 1-8-1992. [(vii-b) unauthorised constructions on land belonging to the Central Government;]
(vii-c) unauthorised constructions on land appurtenant to any building owned by the Central Government or by any company owned or controlled by the State Government or Central Government;]
(viii) unauthorised constructions made on the land belonging to or vested in any authority or a Local Authority; and
(ix) unauthorised constructions on any land reserved for parks, playgrounds, open places or for providing any civic amenities.
Section 5 Conditions for regularisation
(1) No unauthorised construction shall be regularised if the person who has applied for regularisation or any membra of his family owns any building or site within the urban area in which me unauthorised construction sought to be regularised is situated.
(2) No person shall be eligible to seek regularisation of more than one unauthorised construction either in his name or in the name of any member of his family;
Section 6 Competent Authority
11. Section 6 substituted by Act No. 27 of 1995 and shall be deemed to have come into force w.e.f. 3-6-1995.
(1) For the purpose of regularisation of unauthorised constructions, the State Government may by notification appoint an Officer not below the rank of a K.A.S. Group-A Senior Scale Officer to be a Competent Authority for such area or areas as may be specified by it, and two or more Competent Authorities may be appointed in respect of the same areas.
(2) The Competent Authority shall scrutinise application received under Section 3 and after holding an enquiry in accordance with such rules as may be prescribed and subject to payment being made according to the provisions, hereinafter contained make a provisional order of regularisation of unauthorised constructions and where such construction is situated on the land belonging to the State Government may for the purpose of regularising the construction also make a provisional order for grant of the appurtenant land included in the said construction, subject to such maximum extent that may be prescribed.
(3) Burden of proving that an unauthorised construction was made prior to the First day of January, 1995 shall lie on the applicant who seeks regularisatiori of such unauthorised construction.]
Section 7 Payment of amount and grant of land
(1) Within two months from the date of receipt of 22. Substituted for the words "an order of regularisation" by Act No. 9 of 1994 and shall be deemed to have come into force w.e.f. 1-8-1992. [a provisional order of regularisation] from the 33. Substituted for the words "Screening Committee" by Act No. 27 of 1995 and shall be deemed to have come into force w.e.f. 3-6-1995. [Competent Authority], the person in whose favour such order is made, shall pay the amount as may be prescribed. Different amount may be prescribed in respect of different urban areas or class or classes of persons.
(2) On payment being made in accordance with sub-section (1).-
(i) In the case of land belonging to the State Government the 44. Substituted for the words "Member-Secretary of the Screening Committee shall issue an order" by Act No. 27 of 1995 and shall be deemed to have come into force w.e.f. 3-6-1996. [Competent Authority shall make a final order] granting the land of which 55. Substituted for the words "regularisation has been ordered" by Act No. 9 of 1994 and shall be deemed to have come Into force w.e.f. 1-8-1992. [provisional regularisation has been ordered] and on such grant, the grantee shall be eligible to get a sale deed executed for such land in his name at his cost and thereupon, the unauthorised construction situate therein 66. Substituted for the words "shall be deemed to have been regularised" by Act No. 9 of 1994 and shall be deemed to have come into force w.e.f. 1-8-1992. [shall be regularised];
(ii) in cases not falling under clause (i), the unauthorised construction 11. Substituted for the words "shall be deemed to have been regularised" by Act No. 9 of 1994 and shall be deemed to have come into force w.e.f. 1-8-1992. [shall be regularised.]
Section 8 Unauthorised constructions not regularised to be demolished
All unauthorised construction which are not regularised under this Act shall be liable for demolition and 22. Inserted by Act No. 9 of 1994 and shall be deemed to have come into force w.e.f. 1-8-1992. [the supply of water or electricity shall be liable to be disconnected without notice and] the persons who have made such constructions shall be liable to be evicted summarily in accordance with the relevant law.
Section 8A Revision by the Divisional Commissioner
33. Section 8-A inserted by Act No. 27 of 1995 and shall be deemed to have come into force w.e.f. 3-6-1995. The Divisional Commissioner of the concerned Revenue Division may on his own motion or on the application of any person at any time call for and examine the order passed or proceeding recorded by the Competent Authority for the purpose of satisfying himself as to the legality or property of the order or the regularity of such proceeding and may pass such order with respect thereto as he may deem fit:
Provided that no such order shall be made except after giving the person affected a reasonable opportunity of being heard.]
Section 9 Power to make rules
(1) The State Government may, by notification after previous publication make rules for the purpose of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing provisions, such rules may provide for.-
(a) manner of enquiry to be held under 44. Substituted for the words, figure and brackets "sub-section (4)" by Act No. 27 of 1995 and shall be deemed to have come into force w.e.f. 3-6-1995. [sub-section (2)] of Section 6;
55. Clauses (b) to (d) inserted by Act No. 9 of 1994 and shall be deemed to have come into force w.e.f. 1-8-1992. [(b) the powers and duties o the 66. Substituted for the words "Screening Committee" by Act No. 27 of 1995 and shall be deemed to have come into force w.e.f. 3-6-1995. [Competent Authority];
77. Clause (c) omitted by Act No, 27 of 1995 and shall be deemed to have come into force w.e.f. 3-6-1995. [(c) x x x x;]
(d) the period within which the sale deed under sub-section (2) of Section 7 shall be executed;]
88. Clauses (b) and (c) renumbered as clauses (e) and (f) by Act No, 9 of 1994 and shall be deemed to have come into force w.e.f. 1-8-1992. [(e) the amount to be paid under Section 7;
(f) any other matter for which rules have to be made or are necessary under this Act.]
(3) Every rule made under this Act shall be laid as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of Thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or both Houses agree that the rules should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be: so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Section 10 Removal of difficulties
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by notification made such provisions not inconsistent with the provisions of this Act, as appear to be necessary or expedient for removing the difficulty.
RULE:
KARNATAKA REGULARISATION OF UNAUTHORISED CONSTRUCTIONS IN URBAN AREAS RULES, 1994
Whereas the draft of the Karnataka Regularisation of Unauthorised Constructions in Urban Areas Rules, 1994 which the Government of Karnataka proposed to make in exercise of the powers conferred by Section 9 of the Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991 (Karnataka Act 29 of 1991) in Notification No. HUD 454 MNJ 90(p), dated 19th March, 1994 was published in Part IV, Section 2-C(i) of the Karnataka Gazette, Extraordinary, dated 21st March, 1994 inviting objections and suggestions from the persons likely to be affected thereby within a period of one month from the date of publication of the draft in the Official Gazette. And, whereas, the said Gazette was made available to the public on 21st March, 1994. And, whereas, the objections and suggestions received have been considered by the State Government. Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 9 of the Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991 (Karnataka Act 29 of 1991) the Government of Karnataka hereby makes the following rules, namely.
Rule 1 Title and commencement
(1) These rules may be called the Karnataka Regularisation of Unauthorised Constructions in Urban Areas Rules, 1994.
(2) They shall come into force on the date of their publication in the Official Gazette.
Rule 2 Definitions
In these rules, unless the context otherwise requires.-
(a) "Act" means, the Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991;
(b) "Economically Weaker Section" means any person whose total annual income including that of any member of his family does not exceed rupees 12,600;
(c) "Schedule" means a Schedule appended to these rules.
Rule 3 Application for regularisation
Application under S.3 of the Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991 shall be in Form I appended to these rules and addressed to the 11. Substituted for the words "Member- Secretary of the Screening Committee" by GSR 140, dated 31-10-1995, w.e.f. 9-11-1995. [Competent Authority] and shall be accompanied by a site plan of the land wherein the unauthorised construction is situated indicating the site and location of the unauthorised construction including the appurtenant land comprised therein and such other documents as may be required by the 22. Substituted for the words "Screening Committee" by GSR 140, dated 31-10-1995, w.e.f. 9-11-1995. [Competent Authority.]
Rule 4 Manner of enquiry
The 33. Substituted for the words "Screening Committee" by GSR 140, dated 31-10-1995, w.e.f. 9-11-1995. [Competent Authority] shall give to every person who has made an application under S.3 of the Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991, an opportunity of being heard and to produce documents, if any, in support of his claim. The 44. Substituted for the words "Screening Committee" by GSR 140, dated 31-10-1995, w.e.f. 9-11-1995. [Competent Authority] shall, on completion of the enquiry, pass a provisional order under 55. Substituted for the words, figures and brackets "sub-section (4)" by GSR 140, dated 31-10-1995, w.e.f. 9-11-1995. [sub-section (2)] of S.6 of the Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991, and communicate the same to the applicant.
Rule 5 Amount to be paid for regularization
The person in whose favour a provisional order for regularisation of unauthorised construction is made under 66. Substituted for the words, figures and brackets "sub-section (4)" by GSR 140, dated 31-10-1995, w.e.f. 9-11-1995. [sub-section (2)] of S.6 of the Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991 shall pay the amount specified in Schedule I, and where such construction is situated on the land belonging to the State Government he shall within two months from the date of the order of grant of land get the sale deed executed at his cost. On execution of the sale deed, the 11. Substituted for the words "Screening Committee" by GSR 140, dated 31-10-1995, w.e.f. 9-11-1995. [Competent Authority] shall issue an order regularising construction.
Rule 6 Maximum extent land which may be granted
The maximum extent of land which may be granted under S.7 of the Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991 shall be as specified in Schedule II.
Rule 7 Powers of the Competent Authority
The 33. Substituted for the words "Screening Committee" by GSR 140, dated 31-10-1995, w.e.f. 9-11-1995. [Competent Authority] shall while exercising the powers under 44. Substituted for the words, figures and brackets "sub-section (4)" by GSR 140, dated 31-10-1995, w.e.f. 9-11-1995. [sub- section (2)] of S.6 of the Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991 are.-
(a) Power to obtain such report from such offices and authorities in respect of unauthorised constructions sought to be regularised, as it may deem necessary;
(b) Power to measure or caused to be measured the unauthorised constructions and the land appurtenant thereof;
(c) the same power as are vested in the Civil Court under the Code of Civil Procedure, 1908 while trying a suit in respect of.-
(i) summoning and enforcing attendance of any person and examine himself on oath;
(ii) requisitioning any public records or copy thereof from any office.
Rule 8 The Quorum for meeting of the Screening Committee
55. Rule 8 omitted by GSR 140, dated 31-10-1995, w.e.f. 9-11-1995. x x x x x.]
APPENDIX 1 FORM
APPENDIX I
FORM
[Under Rule 3]
Application for regularisation of unauthorised construction 1. Name of the Applicant 2. Age of Applicant 3. Father's/Husband's name 4. Address of the applicant 5. Occupation 6. Is the applicant a member of SC/ST (Certificate to be enclosed) 7. Gross annual income of the applicant (Income certificate from Tahsildar to be enclosed)
8. Particulars of all the District Village S.N. Area of Dimensions No. of Unauthorized construction made by the applicant or his spouse or family Bldg. of the site on which building is constructed floors including ground floor 9. Particulars of the unauthorized construction sought to be regularised District Village S.N. Area of Bldg. Dimensions of the site or. appurtenant to the building No. of floors including ground floor
10. Whether the unauthorised construction is made in violation of the Urban Land (Ceiling and Regulation) Act, 1976 11. Date of completion of the unauthorised construction (supporting documents to be enclosed) 12. Particulars of the sites /house already owned by the applicant or his spouse or unmarried minor children within the Urban Area State and Dist. Taluk and Village Sy. No. Extent 13. Whether any other members of the family of the applicant has unauthorised construction and applied for its regularisation and if so, the details thereof Extent of Built up area Sy. No. Village Taluk 14. Whether the photo of the applicant along with the photo of the UAC is enclosed.
Certified that the
particulars furnished above are true and correct to the best of my knowledge.
Place:
Date:
Signature of the applicant.
SCHEDULE 1 SCHEDULE
SCHEDULE II
SI. No.
Built up area in sq. meters
Maximum extent of the unauthorised construction including appurtenant land that could be regularised /granted.
1.
Less than 500
Twice the built up area
2.
250 or more
500 sq. meters
SCHEDULE 1 SCHEDULE |
