Enforcement of the Master Plan and the Regulations]1

¹ Substituted by Act 1 of 2005 w.e.f. 14.2.2005.

1[(1) On and from the date on which a declaration of intention to prepare a Master Plan is published under subsection (1) of section 10, every land use, every change in land use and every development in the area covered by the plan subject to section 14-A shall conform to the provisions of this Act, the Master Plan and the Report, as finally approved by the State Government under sub-section (3) of section 13.]1 (2)1[x x x]1, no such change in land use or development as is referred to in sub-section (1) shall be made except with the written permission of the Planning Authority which shall be contained in a commencement certificate granted by the Planning Authority in the form prescribed.

¹ Omitted by Act 14 of 1964 w.e.f. 26.03.1964

1[Provided that where the use or change of land use under this section needs the diversion of agricultural land to non-agricultural purposes, such use or change of use shall not be permitted unless permission is obtained in accordance with the provisions of the Karnataka Land Revenue Act, 1964 for such diversion.]1

¹ Inserted by Act 2 of 1991 w.e.f 20.03.1991.

Explanation.— For the purpose of this section,—

1. (a) the expression “development” means the carrying out of building or other operation in or over or under any land or the making of any material change in the use of any building or other land;
2. (b) the following operations or uses of land shall not be deemed to involve a development of any building or land, namely:—
   • (i) the carrying out of works for maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance of the building; 1[XXX]1 1. (ii) and (iii) omitted by Act 23 of 2004 w.e.f. 3.06.2004
   • (iv) the use of any building or other land within the curtilage of a dwelling house for any purpose incidental to the enjoyment of the dwelling house as such;
   • (v) when the normal use of land which was being temporarily used for any other purpose on the day on which the declaration of intention to prepare the outline development plan is published under sub-section (1) of section 10 is resumed;
   • (vi) when land was normally used for one purpose and also on occasions for any other purpose, the use of the land for that other purpose on similar occasions.

1. (3) Every application for permission under sub-section (2) shall be accompanied by a plan, drawn to scale showing the actual dimensions of the plot of land in respect of which permission is asked, the size of the building to be erected and the position of the building upon the plot and such other information as may be required in this behalf by the Planning Authority.