The Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991

(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 1[date]1 as the State Government may, by notification, appoint.

1. Act came into force on 1.8.1992 by notification No. HUD 201 MNJ 92 dt. 28.7.1992

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

(iii) an Improvement Board established under the Karnataka Improvement Boards Act, 1976 (Karnataka Act 11 of 1976);

1[(1A) "Competent Authority" means a Competent Authority appointed under section 6.]1

1. Inserted by Act 27 of 1995 w.e.f. 3.6.1995

(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 section 95 of the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964);

1[(6) x x x]1

1.Omitted by Act 27 of 1995 w.e.f. 3.6.1995

(7) "unauthorised construction" means any construction made without obtaining a building licence, or after obtaining a building licence which is issued in violation of any law relating to town and country planning or erection of building; 1[and includes land appurtenant thereto not exceeding maximum extent as may be prescribed.]1

1. Inserted by Act 9 of 1994 w.e.f. 1.8.1992

(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 Boards 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.

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 1[first day of January 1995]1 by any person on land,-

1.Substituted by Act 27 of 1995 w.e.f. 3.6.1995

(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 any Authority, in relation to which a notification under the Bangalore Development Authority Act, 1976, or under section 17 of the Karnataka Urban Development Authorities Act, 1987, or under section 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 1[before the thirty first day of December 1995]1 be regularised in accordance with the provisions of this Act.

1.Substituted by Act 27 of 1995 w.e.f. 3.6.1995

The following unauthorised constructions shall not be regularised; namely:-

(i) unauthorised constructions coming in the way of existing or proposed roads [including those proposed for widening] and railway lines, communications and other civic facilities or public utilities;

1[(ii) x x x]1

(iii) unauthorised constructions made in forest land or on tank bed;

1[(iv) xxx]1

(v) unauthorised constructions made by any person on the land belonging to another person over which former has no title;

1[(vi) xxx]1 (vii) unauthorised constructions made in violation of Urban (Land Ceiling and Regulation) Act, 1976 (Central Act 33 of 1976); 1[(viia) unauthorised constructions on land belonging to the State Government and appurtenant to any building belonging to the State Government; 1[(viib) unauthorised constructions on land belonging to the Central Government]1 (viic) unauthorised constructions on land appurtenant to any building owned by the Central Government or by an company owned or controlled by the State Government or Central Government]1

(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, play grounds, open places or for providing any civic amenities.

(1) No unauthorised construction shall be regularised if the person who has applied for regularisation or any member of his family owns any building or site within the urban area in which the 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.

1[6. Competent Authority.- (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 the 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 a 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 regularisation of such unauthorised construction.]1

(1) Within two months from the date of receipt of a provisional order of regularisation from the 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 Competent Authority shall make a final order granting the land of which 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 shall be regularised; (ii) in cases not falling under clause (i), the unauthorised construction shall be regularised.

All unauthorised constructions which are not regularised under this Act shall be liable for demolition and 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.

The Divisional Commissioner may, on its 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 propriety 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.

(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 sub-section (2) of section 6; (b) the powers and duties of the Competent Authority; (c) xxx (d) the period within which the sale deed under sub-section (2) of section 7 shall be executed; (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.

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by notification, make such provisions not inconsistent with the provisions of this Act, as appear to be necessary or expedient for removing the difficulty.