THE KARNATAKA TOWN AND COUNTRY PLANNING (THIRD AMENDMENT) ACT, 2020
KARNATAKA ACT NO. 34 OF 2020
(First published in the Karnataka Gazette Extra-ordinary on the 19th day of October, 2020)
(Received the assent of the Governor on the 16th day of October, 2020)
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 seventy first 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 (Third Amendment) Act, 2020.
(2) It shall be deemed to have come into force with effect from the 22nd day of May, 2020.
2. Amendment of section 17.- In the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963)(hereinafter referred to as the principal Act), in section 17,-
(i) in the heading, for the words “sub-division”, the words “single plot or sub-division” shall be substituted;
(ii) in sub section (1), after the words “Every person who intends to” the words “develop a single plot or” shall be inserted;
(iii) in sub section (2A),-
(a) for the word “park” the words “park and play ground” shall be substituted;
(b) for the word “parks” the words “parks and play ground” shall be substituted; and
(iv) after sub section (2B), the following shall be inserted, namely:-
“(2-C) (i) The Planning Authority, if the developer of the layout so desires, may also permit development of layout in phases. In such a case, the developer shall submit a phasing plan along with the provisional plan showing the development of the layout area in three phases, indicating development of forty percent of the layout area in the first phase, thirty percent of the layout area in the second phase and the remaining thirty percent of the layout in the third phase.
(ii) The Planning Authority shall release all building sites in the first phase of the layout, that is forty percent of the total layout area, after the relinquishment of roads, parks and playground and civic amenity areas of the entire layout area without claiming any compensation as specified in sub-section (2-A) and after completion of all infrastructure development works in the first phase as specified in Table-A below and after obtaining certificate of completion for the above said works from the concerned Authority/ Agency/ Department/ Corporation specified in Table-B below. A copy of the first phase layout plan affixing the seal of the Planning Authority showing the building sites released for transfer of title to the allottee by the developer by registration and a copy shall be sent to the local authority for issue of Khata to the sites.
(iii) The Planning Authority shall release all building sites in the second phase of the layout, that is thirty percent of the total layout area, after completion of all infrastructure development works in the second phase as specified in Table-A below and after obtaining certificate of completion for the above said works from the concerned Authority/ Agency/ Department/ Corporation as specified in Table-B below. A copy of the second phase layout plan affixing the seal of the Planning Authority showing the building sites released for transfer title to the allottee by the developer by registration and a copy shall be sent to the local authority for issue of the Khata to the sites.
(iv) The Authority shall approve the final layout plan releasing the remaining thirty percent of building sites on completion of all infrastructure development works in the third phase as specified in the Table-A below and after obtaining certificate of completion for the above said works from the concerned Authority/ Agency/ Department/ Corporation as specified in the Table-B below. A copy of the final layout plan affixing the seal of the Planning Authority showing the building sites released for transfer of title to the allottee by the developer by registration and a copy shall be sent to the local authority for issue of the Khata to the sites.
(v) The building sites mentioned in sub-clause (ii) of sub section (2-C) shall be released only after registration of the project under The Real Estate (Regulation and Development) Act, 2016 (Central Act 16 of 2016).
(vi) The inspection for certification of all the development works in each of the three phases shall be conducted jointly by all the concerned Authorities/ Agencies/ Departments/Corporations.
(vii) Any building site which has not been released by the Planning Authority shall not be issued any Khata or given property index number (e-khata) under The Karnataka Municipalities Act, 1964, the Karnataka Municipal Corporations Act, 1976 and the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.
(viii) The development works specified in sub clause (ii), (iii) and (iv) above shall be as specified in table below.-
TABLE-A
{see sub-section (2-C)(ii)(iii)(iv)}
Development Works to be completed
Condition before release of sites
1. Formation, Metalling, Asphalting/ concreting of roads and cross drainage works along with pavements, construction of storm water drains
2. Completion of water supply works including laying of water supply pipelines, construction of water tank/s and individual connections to building sites.
3. Completion of underground drainage works including laying of underground drainage lines, construction of sewage treatment plant/ soak pit and individual connections to building sites.
4. Development of parks and playgrounds and open spaces
5. Laying out of underground cables (if developer intends to lay underground cables)
6. Completion of electrical work including erection of street lighting poles, erection of transformers and connections for street lighting
7. Rain water harvesting
8. Tree planting
Certificate of completion from the concerned Authority/ Agency/ Department/Corporation*
TABLE-B
*Concerned agency to issue certificate of completion/ no objection certificate for different development works
Road works
Urban areas: Urban local bodies
Outside Urban limits: Panchayat Raj Engineering Dept.
Water Supply/ Underground Drainage works
BWSSB limit: BWSSB
Other urban areas: Karnataka Urban Water Supply and Drainage Board (KUWS and DB)
Outside Urban limits: Rural Water Supply Dept.
Electrical works
Concerned ESCOMs
3. Repeal and savings.- (1) The Karnataka Town and Country Planning (Amendment) Ordinance, 2020 (Karnataka Ordinance 09 of 2020) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under principal Act, as amended by this Act.
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