Chapter IV GENERAL

Whenever under any development or improvement scheme, the whole or any part of any existing public street or other land vested in a local authority is included in the site of any part of a street to be formed, altered widened, diverted, raised, re-arranged or reconstructed by the Board, the Board shall give notice to the local authority concerned that the whole or a part, as the case may be, of such existing street or other land (hereinafter called the “part required’’) is required by it as part of a street to be dealt with as aforesaid, and the part required shall, thereupon subject to the provisions of sub-section (1) of section 29, be vested in the Board.

(1) In any urban area or part thereof to which this Act applies, the Government may, by notification, declare that from such date and for such period and subject to such restrictions and modifications, if any, as may be specified in the notification, the powers and functions of the local authority or a standing committee thereof shall be exercised and discharged by the Board:

Provided that the local authority shall be consulted before making such declaration, if such area or part thereof lies within the limits of the local authority.

(2) On the making of a declaration under sub-section (1), notwithstanding anything contained in any other law for the time being in force, the local authority or any standing committee or officer thereof shall not be competent to exercise or discharge the powers or functions conferred or imposed on the Board by such declaration.

(3) The Board may delegate any of the functions exercisable by it 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.

(1) The Government, after consulting the local authority and on being satisfied that any street formed by the Board has been duly levelled, paved, metalled, flagged, channelled, drained and sewered in the manner provided for in the plans of any Scheme sanctioned by the Government and that such lamps, lamp-posts and other apparatus as are, in its opinion, necessary for the lighting thereof and should be provided by the Board have been so provided shall declare such street to be a public street, and such street shall thereupon vest or revest, as the case may be, in the local authority and the local authority shall thenceforward maintain, keep in repair, light and cleanse such street. If the local authority concerned does not reply within sixty days when it is consulted by the Government, its concurrence shall be deemed to have been given.

(2) Any open space reserved for ventilation and the areas reserved for motor parks, playgrounds, public urinals and latrines, burial and cremation grounds in any part of the area within the jurisdiction of the local authority and provided by the Board as part of any development scheme or improvement scheme sanctioned by the Government shall be transferred on completion to the local authority and shall there upon vest in the local authority.

(3) Any dispute which arises between the Board and the local authority in regard to interpreting or implementing the provisions of this section shall be determined by the Government, whose decision shall be final.

The Board shall not sell or otherwise dispose of any sites for the purpose of constructing buildings thereon for the accommodation of persons until all the improvements specified to section 29 have been substantially provided for.

(1) Notwithstanding anything to the contrary in any law for the time being in force, no person shall form or attempt to form any extension or layout for the purpose of constructing buildings thereon without the express sanction in writing of the Board and except in accordance with such conditions as the Board may specify :

Provided that where any such extension or layout lies within the limits of a local authority, the Board shall not sanction the formation of such extension or layout without the concurrence of the local authority. The concurrence of the local authority shall be deemed to have been given if it fails to convey its opinion within sixty days after it is consulted :

Provided further that where the local authority and the Board do not agree on the formation of, or the conditions relating to the execution or layout, the matter shall be referred to the Government whose decision thereon shall be final.

(2) Any person intending to form an extension or layout or to make a new private street shall send to the Chairman, a written application with plans and estimates showing such particulars, as may be prescribed by bye-laws made by the Board.

(3) The provisions of this Act and of any rules or bye-laws made under it as to the level and width of streets and the height of buildings abutting thereon, shall apply also in the case of streets referred to in that sub-section shall be subject to the approval of the Board.

(4) Within six months after the receipt of any application under sub-section (2), the Board shall sanction the forming of the extension or layout or the making of streets on such conditions as it may think fit or disallow it or ask for further information with regard to it.

(5) The Board may require the applicant to deposit, before sanctioning the application, the amount necessary for meeting the expenditure for making roads, side-drains, culverts, under-ground drainage and water supply and lighting and the charges for such other purposes as the applicant may be called upon by the Board to deposit, provided he agrees to transfer the ownership of the roads, drains, water supply mains and open spaces laid out by him to the Board permanently without claiming any compensation therefor.

(6) Such sanction may be refused,-

(i) if the proposed street would conflict with any arrangements which have been made or which are, in the opinion of the Board likely to be made, for carrying out any general scheme of street improvement or other schemes of improvement or development by the Board ;

(ii) if the proposed street does not conform to the provisions of this Act, and the rules and bye-laws made under it ;

(iii) if the proposed street is not designed so as to connect at one end with a street which is already open ; or

(iv) if the layout, in the opinion of the Board, cannot be fitted with any existing or proposed development or improvement schemes of the Board.

(7) No person shall form a layout or make any new private street without the sanction of or otherwise than in conformity with the conditions imposed in this behalf by the Board. If the Board requires further information from the applicant, no steps shall be taken by him to form the layout or make the street until orders have been passed by the Board after the receipt of such information:

Provided that the passing of such orders shall not, in any case, be delayed for more than six months after the Board has received all the information which it considers necessary to enable it to deal finally with the said application.

(8) If the Board does not refuse sanction within six months from the date of receipt of the application under sub-section (2) or when information is called for under sub-section (7), within six months from the date such information is furnished, such sanctions shall be deemed to have been granted and the applicant may proceed to form the extension or layout or to make the street but not so as to contravene any of the provisions of this Act and the rules or bye-laws made under it.

(9) Every extension or layout for the formation of which sanction is granted or deemed to have been granted under this section shall be in conformity with the Outline Development Plan or the Comprehensive Development Plan, if any, of the Planning Authority.

(10) Any person who forms or attempts to form any extension or layout in contravention of the provisions of sub-section (1) or sub-section (2) or makes any street without or otherwise than in conformity with the orders of the Board under sub section (7) shall be liable, on conviction, to fine which may extend to one thousand rupees.

(1) If any person forms an extension or layout or makes any street referred to in section 31 or puts up any building without or otherwise than in conformity with the orders of the Board under the said section, the Board may, whether or not such person be prosecuted under this Act, by notice,-

(a) require him to show sufficient cause by a written statement signed by him and sent to the Board on or before such day as may be specified in the notice, why such extension, layout or street should not be altered to the satisfaction of the Board or if such alteration be deemed impracticable by the Board, why such extension, layout or street should not be demolished, or

(b) require him to appear before the Board either personally or by a duly authorised agent on such day and at such time and place as may be specified in the notice and show cause as aforesaid.

(2) If any person on whom such notice is served fails to show sufficient cause to the satisfaction of the Board why such extension, layout or street should not be so altered or demolished, the Board, may for reasons to be recorded in writing direct the alteration or demolition of such extension, lay-out or street.

(3) If any person fails to comply with any direction issued under sub-section (2) the Board may carry out the direction and recover the cost incurred therefor from such person as if it were arrears of land revenue.

(1) Any person who unauthorisedly enters upon and uses or occupies any land belonging to the Board to the use or occupation of which he is not entitled or has ceased to be entitled, shall, on conviction, be punished with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees.

(2) Any person who having unauthorisedly occupied, whether before or after the commencement of the Karnataka Municipal Corporations and Certain other Laws (Amendment) Act, 1984 any land belonging to the Board to the use or occupation of which he is not entitled or has ceased to be entitled, fails to vacate such land in pursuance of an order under sub-section (1) of section 5 of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 (Karnataka Act 32 of 1974), shall, on conviction, be punished with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees and with a further fine which may extend to fifty rupees per acre of land or part thereof for every day on which the occupation continues after the date of the first conviction for such offence.

(3) Whoever intentionally aids or abets the commission by any other person of an offence punishable under sub-section (1) or sub-section (2) shall, on conviction, be punishable with the same punishment provided for such offence under the said sub-sections.

(1) The Board may,-

(a) if any person permitted to carry out the work relating to the forming of the extension or lay-out or the making of a street, does not carry it out ; or

(b) if any private street or part thereof is not levelled, paved, metalled, flagged, channelled, sewered, conserved or lighted to the satisfaction of the Board,

by notice, require the person forming the extension or lay-out or the owners of such street or part and the owners of buildings and lands abutting such street or part, including in cases where the owners of the land or the building thereon are different the owners both of the land and of the building, to carry out any work which, in its opinion, may be necessary and within such time as may be specified in such notice.

(2) If any such work is not carried out within the time specified in the notice under sub-section (1), the Board may, if it thinks fit, execute it and the expenses incurred shall be paid by the persons or owners referred to in sub-section (1) in such proportions as may be determined by the Board, such expenses may be recovered from the persons concerned as if they were arrears of land revenue.