Chapter III HOUSING SCHEMES

Duty of Board to undertake housing schemes land development schemes, infrastructure development, building construction schemes, schemes under joint venture or public private partnership. Subject to the provisions of this Act and the rules made in this behalf and control of the State Government, the Board may incur expenditure and undertake works in any area for the framing and execution of such housing schemes, land development schemes, infrastructure development, construction and disposal of the commercial premises and building construction schemes as it may consider necessary or as may be entrusted to it by the State Government or government undertakings or under joint venture or public private partnership arrangements subject to such conditions as may be prescribed.

Matter to be provided for by housing schemes. Notwithstanding anything contained in any other law for the time being in force, a housing scheme may provide for all or any of the following matters, namely:—

(a) the acquisition by purchase, exchange or otherwise of any property necessary for or affected by the execution of the scheme;

(b) the laying or relaying out of any land comprised in the scheme;

(c) the distribution or redistribution of sites belonging to owners of property comprised in the scheme;

(d) the closure or demolition of dwellings unfit for human habitation; (e) the demolition of obstructive buildings or portions of buildings; (f) the construction and reconstruction of buildings, their maintenance and preservation;

(g) the sale, letting or exchange of any property comprised in the scheme; (h) the construction and alteration of streets and back lanes;

(i) provision for the draining, water-supply and lighting of the area included in the scheme and carrying out by the Board in such area, drainage, sewerage and water supply works;

(j) the provision of parks, playing-fields and open spaces for the benefit of any area comprised in the scheme and the enlargement of existing parks, playing fields, open spaces and approaches;

(k) the provision of sanitary arrangements required for the area comprised in the scheme, including the conservation and prevention of any injury or contamination to rivers or other sources and means of water-supply;

(l) the provision of accommodation for any class of inhabitants; (m) the advance of money for the purposes of the scheme; (n) the provision of facilities for communication and transport;

(o) the collection of such information and statistics as may be necessary for the purposes of this Act;

(p) any other matter for which, in the opinion of the State Government, it is expedient to make provision with a view to provide housing accommodation and to the improvement or development of any area comprised in the scheme or the general efficiency of the scheme.

Notwithstanding anything contained in any other law for the time being in force, a land development scheme may within the limits of the area comprised in the scheme, provide for all or any of the following matters, namely:—

(a) the acquisition by purchase, exchange or otherwise, of any land which in the opinion of the Board will be necessary for or affected by the execution of scheme;

(b) laying or re-laying of all or any land comprised in the scheme and formation and alteration of streets;

(c) drainage, water supply and electricity and carrying out by the Board in the area included in the scheme, drainage sewerage and water supply works;

(d) the distribution or redistribution of sites comprised in the scheme;

(e) raising the level of any land which the Board may consider expedient to raise to facilitate better drainage;

(f) forming open space for the better ventilation of the area comprised in the scheme or any adjoining area;

(g) sanitary arrangements required;

(h) sites for parks, playgrounds, stadium, recreation grounds, school buildings, markets, motor vehicle stands, theatres, police stations, post offices, co-operative societies, public urinals and latrines, petrol service stations, hospitals, dispensaries, banks, burial and cremation grounds and sites for public purposes of other kinds.

Preparation and submission of annual housing programme and land development programme, budget and establishment schedule. (1) Before the first day of December in each year, the Board shall prepare and forward,—

(i) a programme,

(ii) a budget for the next year,

to the State Government in such form as may be prescribed.

(2) The programme shall contain,—

(a) such particulars of housing schemes, land development schemes and labour housing schemes which the Board proposes to execute whether in part or whole during the next year as may be prescribed;

(b) the particulars of any undertaking which the Board proposes to organise or execute during the next year for the purpose of the production of building materials; and

(c) such other particulars as may be prescribed.

(4) The budget shall contain a statement showing the estimated receipts and expenditure on capital and revenue accounts for the next year.

The State Government may sanction the programme and the budget forwarded to it with such modifications as it deems fit.

The State Government shall publish the programme sanctioned by it under section 20 in the official Gazette.

The Board may, at any time, during the year, in respect of which a programme has been sanctioned under section 20 submit a supplementary programme and budget and the additional schedule of the staff, if any, to the State Government and the provisions of sections 20 and 21 shall apply to such supplementary programme.

The Board may, at any time, vary any programme or any part thereof included in the programme sanctioned by the State Government: Provided that no such variation shall be made if it involves an expenditure in excess of twenty per cent of the amount as originally sanctioned for the execution of any housing scheme or land development scheme included in such programme or affects its scope or purpose.

(1) After the programme has been sanctioned and published by the State Government under sections 20 and 21, the Board shall, subject to the provisions of section 23, proceed to execute the housing scheme, land development scheme or labour housing scheme included in the programme. (2) The Board shall not execute any housing scheme, land development scheme or labour housing scheme unless the same has been sanctioned by the State Government.

Transfer to the Board for purposes of housing scheme or land development scheme of land vested in a corporation, a municipal council or a Mandal panchayat. (1) Whenever any street, square or other land, or any part thereof, which,— (a) is situated in a City and is vested in the municipal corporation of such City, or (b) is situated in any part of a municipality constituted under any law relating to municipalities and is vested in the municipal council, municipal committee or other municipal body of that municipality, or (c) is situated in any area included within the jurisdiction of a town panchayat or grama panchayat constituted under the Karnataka Municipalities Act, 1964 or the Gram Swaraj and Panchayat Raj Act, 1993 and is vested in such town panchayat or Grama panchayat is within the area included in the programme sanctioned by the State Government and is required for the purposes of such housing scheme or land development scheme, the Board shall give notice accordingly to the corporation, municipal council, municipal committee or municipal body, town panchayat or the Grama panchayat or the mandal panchayat, as the case may be. (2) Where the corporation, municipal council, municipal committee, or municipal body, town panchayat or the Grama panchayat or mandal panchayat concurs, such street, square or other land or part thereof shall vest in the Board. (3) Where there is any dispute, the matter shall be referred to the State Government. The State Government shall, after hearing the corporation, municipal council, municipal committee or municipal body, town panchayat or the Grama panchayat or mandal panchayat concerned, decide the matter. The decision of the State Government shall be final. If the State Government decides that such street, square or land shall vest in the Board, it shall vest accordingly. (4) Nothing in this section shall affect the rights or powers of the corporation, municipal council, municipal committee or municipal body, town panchayat or the Grama panchayat or mandal panchayat in or over any drain or water work in such street, square or land.

Compensation in respect of land vested in the Board. (1) Where any land vests in the Board under the provisions of section 25 and the Board makes a declaration that such land shall be retained by the Board only until it revests in the corporation, the municipal council, municipal committee, or municipal body, the town panchayat or the Grama panchayat, or the mandal panchayat, as the case may be, as part of a street or an open space under section 29, no compensation shall be payable by the Board to the corporation, the municipal council, municipal committee, or municipal body, the town panchayat or the Grama panchayat, or the mandal panchayat in respect of that land. (2) Where any land vests in the Board under section 25 and no declaration is made under sub-section (1) in respect of the land, the Board shall pay to the corporation, the municipal council, municipal committee or municipal body, town panchayat or the Grama panchayat, or mandal panchayat, as the case may be, as compensation, a sum equal to the value of such land. (3) If, in any case where the Board has made a declaration in respect of any land under sub-section (1), the Board retains or disposes of the land contrary to the terms of the declaration so that the land does not revest in the corporation, the municipal council, municipal committee or municipal body, the town panchayat or the Grama panchayat, or mandal panchayat, as the case may be, the Board shall pay to the corporation, the municipal council, municipal committee or municipal body, the town panchayat or the Grama panchayat, or the mandal panchayat, compensation in respect of such land in accordance with the provisions of sub-section (2).

(1) The Board may turn, divert, discontinue the public use of, or permanently close, any public street or divert nala vested in it or any part thereof. (2) Whenever the Board discontinues the public use of, or permanently closes, any public street vested in it or any part thereof, it shall, as far as practicable, provide some other reasonable means of access to be substituted in lieu of the use, by those entitled, of the street or part thereof and pay reasonable compensation to every person who is entitled, otherwise than as a mere member of the public to use such street or part as a means of access and has suffered damage from such discontinuance or closing. (3) In determining the compensation payable to any person under sub-section (2), the Board shall make allowance for any benefit accruing to him from the construction, provision or improvement of any other public street at or about the same time that the public street or part thereof, on account of which the compensation is paid is discontinued or closed. (4) When any public street vested in the Board is permanently closed under sub-section (1), the Board may sell or lease so much of the same as is no longer required.

If there is any dispute as to whether any compensation is payable under section 26 or section 27 or as to the amount of compensation payable under section 26 or section 27, as the case may be, the matter shall be referred to the Tribunal.

Vesting in the corporation, municipal council, municipal committee or other municipal body, town panchayat or Grama panchayat or Mandal panchayat of streets laid out or altered and open space provided by the Board under housing scheme or land development scheme. (1) Whenever the State Government is satisfied,— (a) that any street laid out or altered by the Board has been duly levelled, paved, metalled, flagged, channelled, sewered and drained in the manner provided in (1) ... the programme sanctioned by the State Government under section 20, and (b) that such lamps, lamp-posts and other apparatus as the corporation, the municipal council, the municipal committee or other municipal body, the town panchayat or Grama panchayat or mandal panchayat, as the case may be, considers necessary for the lighting of such streets and as ought to be provided by the Board have been so provided, and (c) that water and other sanitary convenience have been duly provided in such street, the State Government may declare the street to be a public street, and the street shall thereupon vest in the corporation, municipal council, municipal committee or other municipal body, town panchayat or Grama panchayat or mandal panchayat, as the case may be. (2) When any open space for purposes of ventilation or recreation has been provided by the Board in executing any housing scheme or land development scheme, it shall on completion be transferred to the local authority concerned, by resolution of the Board, and shall thereupon vest in, and be maintained at the expense of, the local authority. (3) If any difference of opinion arises between the Board and the corporation, municipal council, municipal committee or other municipal body, town panchayat or Grama panchayat or mandal panchayat, in respect of any matter referred to in the foregoing provisions of this section, the matter shall be referred to the State Government whose decision shall be final.

Other duties of the Board. It shall be the duty of the Board to take measures with a view to expediting and cheapening construction of buildings and the Board may for that purpose do all things for,— (a) unification, simplification and standardisation of building materials; (b) encouraging prefabrication and mass production of house components; (c) organising or undertaking the production of building materials required for the housing schemes; (d) encouraging research for discovering cheap building materials and evolving new methods of economic construction; (e) securing a steady and sufficient supply of workmen trained in the work of construction of buildings.

Reconstitution of plots. A housing scheme, land development scheme or a labour housing scheme may provide— (a) for the formation of a reconstituted plot by the alteration of the boundaries of an original plot; (b) with the consent of the owners that two or more original plots each of which is held in ownership in severalty or in joint ownership shall, with or without alteration of boundaries, be held in ownership in common as a reconstituted plot; and (c) for the allotment of a plot to any owner dispossessed of land in furtherance of the housing scheme or land development scheme.

Schemes entrusted to Board by Government, etc. (1) The provisions of sections 18 to 24 (both inclusive) shall not be applicable to any housing scheme, land development scheme or labour housing scheme entrusted to the Board by the State Government except to such extent and subject to such modifications as may be specified in any general or special order made by the State Government, and every such order shall be published in the official Gazette. (2) Notwithstanding anything contained in this Act, the Board shall not be competent to carry on any trading or financing activity for profit, whether in the execution of any scheme undertaken by, or entrusted to it, or otherwise.

Board and the Housing Commissioner to exercise powers and functions under the Karnataka Acts 22 of 1964, 14 of 1977 and 20 of 1985. (1) After the completion of any housing scheme or land development scheme till the layout is handed over to the concerned Corporation, City Municipal Council, Town Municipal Council, Town Panchayat or a Grama panchayat, as the case may be, under section 29,- (a) the powers and functions of the Municipal Corporation, City Municipal Council, Town Municipal Council, Town Panchayat or a Grama panchayat or standing committee by whatever name called, under the Karnataka Municipalities Act, 1964 (Karnataka Act No. 22 of 1964) or the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) or the words the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (Karnataka Act 14 of 1993) shall be exercised by the Board; and (b) the powers and functions of the Commissioner of Corporation, Chief Officer of the Municipal Council, town panchayat or Panchayat Development Officer or the Secretary of the Grama Panchayat as the case may be shall be, exercised and discharged by the Housing Commissioner. (c) The Board shall collect the maintenance and other charges from the allottees or purchasers till handing over of layout to the local authority after the completion of housing scheme or land development scheme. The maintenance and other charges shall be such as may be decided by the Board. (2) On the making of the declaration under sub-section (1), notwithstanding anything contained in any other law for the time being in force, the Corporation, the Municipal Council or the Mandal Panchayat or any standing committee thereof or the Commissioner of the Corporation, the Municipal Commissioner or Chief Officer of the Municipal Council or the Secretary of the Mandal Panchayat shall not be competent to exercise and discharge the powers or functions conferred or imposed on the Board or the Housing Commissioner as the case may be, by such declaration. (3) The Board or the Housing Commissioner may delegate any of the powers exercisable and functions that may be discharged by it or him under sub-section (1) to any officer or servant of the Board. (4) The exercise or discharge of any of the powers or functions delegated under sub-section (3) shall be subject to such limitations, conditions and control, as may be laid down by the Board or the Housing Commissioner, as the case may be.