BANGALORE CITY PLANNING AREA ZONAL REGULATIONS (AMENDMENT AND VALIDATION) ACT, 1996
(KARNATAKA ACT NO. 2 OF 1996)
(First published in the Karnataka Gazette Extraordinary on the Fourteenth day of March, 1996)
(Received the assent of the Governor on the Fourteenth day of March, 1996)
An Act to amend and validate the Bangalore City Planning Area Zonal Regulations, 1972.
Whereas it is expedient to amend and validate the Bangalore City Planning Area Zonal Regulations, 1972 for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the Forty-seventh Year of the Republic of India, as follows:-
1. Short title and commencement. - (1) This Act may be called the Bangalore City Planning Area Zonal Regulations (Amendment and Validation) Act, 1996.
(2) It shall come into force at once.
2. Amendment of Zonal Regulations appended to the Outline Development Plan. - Notwithstanding anything contained in any judgement, decree or order of any court, tribunal or any other authority, Zonal regulations appended to the Outline Development Plan of the Bangalore City Planning Area made under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) as they existed during the period from 22nd May 1972 to 12th October, 1984 (hereinafter referred to as the said Zonal Regulations) shall be deemed to have been modified as specified in the Schedule with effect from the 22nd day of May, 1972.
3. Regularisation of certain constructions. - (1) Notwithstanding anything contained in the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) or in the said Zonal Regulations as modified by this Act if any person after obtaining permission from the Corporation of the City of Bangalore during the period from 22nd May, 1972 to 12th October, 1984 has constructed any building deviating from the said Zonal Regulations as modified by this Act or the permission granted by the Corporation of the City of Bangalore such person may within thirty days from the date of commencement of this Act, apply to the State Government for regularisation of such construction in accordance with the provisions of this section.
(2) There shall be a committee for the purpose of regularisation of constructions referred to in sub-section (1), consisting of the following members, namely:-
(i)
|
The Secretary to Government, Urban Development Department
|
Chairman
|
(ii)
|
The Commissioner, Corporation of the city of Bangalore
|
Member
|
(iii)
|
The Commissioner, Bangalore Development Authority
|
Member
|
(iv)
|
The Director of Town Planning
|
Member-Secretary
|
(3) The Committee shall scrutinise the applications received under sub-section (1) and after holding such enquiry as it deems fit if it is satisfied that the deviation referred to in sub-section (1) does not constitute material deviation from the said Zonal Regulations as modified by this Act or the permission granted by the Corporation of the City of Bangalore it may make recommendations to the Government for regularisation subject to payment of such amount as may be determined by it having regard to,-
(i) the situation of the building;
(ii) the nature and extent of deviation;
(iii) any other relevant factors:
Provided that the amount so determined shall not be less than an amount equivalent to one and half times the then market value of such construction.
(4) The State Government may, on receipt of the recommendation of the committee and after payment of the amount by the applicant towards regularisation of such constructions, order for regularisation of the construction.
4. Validation. - Notwithstanding anything contained in any judgement, decree or order of any court, tribunal or other authority, any permission to construct building granted by the Corporation of the City of Bangalore during the period from 22nd May, 1972 to 12th October, 1984 and building constructed in persuance to such permission and regularised under section 3 shall be deemed to have been validly granted or constructed and shall have effect for all purposes as if the permission had been granted and buildings had been constructed in conformity with the said Zonal Regulations as modified by this Act, and accordingly,-
(a) all such permissions granted, buildings constructed or proceedings or things done or action taken shall for all purposes deemed to be and to have always been done or taken in accordance with law;
(b) no suit or other proceeding shall be instituted, maintained or continued in any court or before any tribunal or other authority for cancellation of such permission or demolition of buildings which were constructed after obtaining the permission from the Corporation of the City of Bangalore and were regularised under section 3, or for questioning the validity of any action or things taken or done in persuance to the said Zonal Regulations as modified by this Act, and no Court shall enforce or recognise any decree, judgement or order declaring any such permission granted or buildings constructed, action taken or things done in persuance to the said Zonal Regulations, as modified by this Act as invalid or unlawful.
Schedule
(See section 2)
Modified Zonal Regulations applicable to A, B and C Zones appended to the Outline Development Plan of Bangalore City Planning Area.
Site area
|
Maximum No. of floors
|
Maximum coverage permissible
|
Maximum F.A.R. permissible
|
Maximum height of buildings
|
Minimum Road Width
|
Upto 500 sq. meters
|
B+G+7
|
80%
|
2-00
|
25 meters
|
7.5 meters
|
Above 500 sq.meters.
|
B+G+13
|
70%
|
3-00
|
50 meters
|
9.0 meters
|
|
