Regularisation of certain unlawful buildings

(1) Notwithstanding anything contained in this Act, when construction of any building is completed in contravention of the provisions of this Chapter and the building bye-laws, the Commissioner may regularise building constructed at least one year prior to the date of notification of this Act subject to the following restrictions and such rules as may be prescribed and on payment of the amount specified in sub-section (2), namely:- (a) where the building is built abutting the neighbouring property or where the set back provided is less than the limit prescribed in bye laws, violation upto twenty-five percent in case of non-residential buildings and fifty percent in case of residential buildings may be regularized: Provided that the Premium Floor Area Ratio issued under section 18B or the Development Rights Certificates issued under section 14B of the Karnataka Town and Country Planning Act, 1961, (Karnataka Act 11 of 1963) may be utilized for such constructed buildings for the extents constructed in violation of the provisions of this Chapter as per provisions for utilization of the Premium Floor Area Ratio or the Development Rights Certificates under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) and rules and regulations there under. (b) No development made in the basement or usage in contravention of bye-law shall be regularized; (c) The construction of building shall not be regularised if it violates the building line specified on any given road unless the khatadar of such building furnishes an under taking that the space between the building line and the road or foot path or margin will be given up free of cost at any time when required for the purpose of widening the road in question; and (d) The provisions of sub-sections (2) to (14) of section 76 FF of the Karnataka Town and Country Planning Act, 1961, (Karnataka Act 11 of 1963) shall apply mutatis mutandis for regularization of building under this section and application for regularization being made to the Commissioner. (2) Regularisation of any construction under this section shall be subject to payment of the prescribed amount which may be different for different types of contravention of building bye-laws: Provided that the amount so prescribed shall not be less than,- (a) six percent of the market value, determined in accordance with the provisions of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) and rules made there under, of the portion of the building built in violation of the provisions referred in sub-section (1), if such violation of set-back norms and permissible floor area ratio does not exceed twenty five percent; (b) eight percent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957)and the rules made there under, of the portion of the building built in violation of the provisions referred in sub-section (1), if such violation of set-back norms and permissible floor area ratio exceeds twenty five percent but does not exceed fifty percent: Provided further that where the portion of the building is built in violation of the provisions referred in sub-section (1) is being used or meant for non- residential purpose and amount payable for regularization of such portion shall be, - (a) twenty percent of the market value, determined in accordance with the Karnataka Stamp Act,1957 (Karnataka Act 34 of 1957) and the rules made there under, of the portion of the building built in violation of the provisions referred in sub-section (1), if such violation of set-back norms and permissible floor area ratio does not exceed twelve and a half percent; (b) thirty five percent of the market value, determined in accordance with the Karnataka Stamp Act,1957 (Karnataka Act 34 of 1957) and the rules made there under, of the portion of the building built in violation of the provisions referred in sub-section (1), if such violation of set- back norms and permissible floor area ratio exceeds twelve and a half percent but does not exceed twenty five percent. (3) No person shall be liable to pay fine or fee for regularization under any other law if he has paid regularization fee under this Act for the same violations. (4) All payments made under sub-section (1) shall be credited to a separate fund kept in the City Corporation called the urban areas infrastructure Development fund which shall be utilized in such manner, for the development of infrastructure, civic amenities, lighting, parks, drinking water, drainage system and for any other infrastructure, as may be prescribed.

1. (a) where the building is built abutting the neighbouring property or where the set back provided is less than the limit prescribed in bye laws, violation upto twenty-five percent in case of non-residential buildings and fifty percent in case of residential buildings may be regularized: Provided that the Premium Floor Area Ratio issued under section 18B or the Development Rights Certificates issued under section 14B of the Karnataka Town and Country Planning Act, 1961, (Karnataka Act 11 of 1963) may be utilized for such constructed buildings for the extents constructed in violation of the provisions of this Chapter as per provisions for utilization of the Premium Floor Area Ratio or the Development Rights Certificates under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) and rules and regulations there under.
2. (b) No development made in the basement or usage in contravention of bye-law shall be regularized;
3. (c) The construction of building shall not be regularised if it violates the building line specified on any given road unless the khatadar of such building furnishes an under taking that the space between the building line and the road or foot path or margin will be given up free of cost at any time when required for the purpose of widening the road in question; and
4. (d) The provisions of sub-sections (2) to (14) of section 76 FF of the Karnataka Town and Country Planning Act, 1961, (Karnataka Act 11 of 1963) shall apply mutatis mutandis for regularization of building under this section and application for regularization being made to the Commissioner.

1. (2) Regularisation of any construction under this section shall be subject to payment of the prescribed amount which may be different for different types of contravention of building bye-laws:

Provided that the amount so prescribed shall not be less than,-

1. (a) six percent of the market value, determined in accordance with the provisions of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) and rules made there under, of the portion of the building built in violation of the provisions referred in sub-section (1), if such violation of set-back norms and permissible floor area ratio does not exceed twenty five percent;
2. (b) eight percent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957)and the rules made there under, of the portion of the building built in violation of the provisions referred in sub-section (1), if such violation of set-back norms and permissible floor area ratio exceeds twenty five percent but

does not exceed fifty percent:

Provided further that where the portion of the building is built in violation of the provisions referred in sub-section (1) is being used or meant for non- residential purpose and amount payable for regularization of such portion shall be, -

1. (a) twenty percent of the market value, determined in accordance with the Karnataka Stamp Act,1957 (Karnataka Act 34 of 1957) and the rules made there under, of the portion of the building built in violation of the provisions referred in sub-section (1), if such violation of set-back norms and permissible floor area ratio does not exceed twelve and a half percent;
2. (b) thirty five percent of the market value, determined in accordance with the Karnataka Stamp Act,1957 (Karnataka Act 34 of 1957) and the rules made there under, of the portion of the building built in violation of the provisions referred in sub-section (1), if such violation of set- back norms and permissible floor area ratio exceeds twelve and a half percent but does not exceed twenty five percent.

1. (3) No person shall be liable to pay fine or fee for regularization under any other law if he has paid regularization fee under this Act for the same violations.
2. (4) All payments made under sub-section (1) shall be credited to a separate fund kept in the City Corporation called the urban areas infrastructure Development fund which shall be utilized in such manner, for the development of infrastructure, civic amenities, lighting, parks, drinking water, drainage system and for any other infrastructure, as may be prescribed.