Bare ActsThe KARNATAKA REGULARISATION OF UNAUTHORISED CONSTRUCTION IN URBAN AREAS ACT, 1991.

Section 11

NOTIFICATION * * * * STATEMENT OF OBJECTS AND REASONS

Amendment status not verified — confirm the current text below against the official source.

NOTIFICATION * * * * STATEMENT OF OBJECTS AND REASONS. I Act 29 of 1991.- Bangalore Development Authority and other local bodies have been finding it difficult in their task of meeting the increasing demand for residential sites due to disproportionately high number of unauthorised constructions on urban land. The unauthorised constructions which already have come up over the years cannot possibly be demolished and any wholesale demolition would not only amount to wastage of national wealth but may in some amount to wastage of national wealth but may in some cases also create law and order problems. Keeping in view the above points, it is felt necessary to have a comprehensive legislation for regularisation of certain types of un-authorised constructions. Hence this Bill. ( Published in the Karnataka Gazette Part IV- 2A (Extraordinary) No. 611 dated 25-9-1991 at page 79.) 2 II Amending Act 9 of 1994.- It is considered necessary,- (i) to exclude unauthorised constructions used for commercial purposes, and unauthorised constructions on the land belonging to the State Government and appurtenant to any building belonging to the State Government, or unauthorised constructions on land appurtenant to any building owned by the Central Government or by any company owned or controlled by the State Government or Central Government from the benefit of regularisation. (ii) to extend the time limit from sixty days to three years for making an application for regularisation of unauthorised constructions, (iii) to give proper representation in the Screening Committee to the members of the State Legislature and to the persons belonging to Scheduled Castes, Scheduled Tribes and Women, (iv) to constitute two Screening Committees, one in respect of Bangalore District excluding the area within the limits of the Corporation of the City of Bangalore, and another Committee in respect of the area within the limits of the Corporation of the City of Bangalore. (v) to provide for dis-connection of supply of water or electricity to the unauthorised constructions which have not been regularised, and (vi) to provide for revision by the State Government on the order passed or proceeding recorded by the Screening Committees. Hence the Bill. (Obtained from L.A.Bill No.46 of 1993). III Amending Act 29 of 1994.- It was considered necessary to amend the Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991,- (i) to extend the period specified in section 3 till 1st October 1994 as to facilitate the interested persons to file applications for regularisation; (ii) to make the Commissioner of the Municipal Corporation as the chairman of the Screening Committee of the District which have municipal Corporations. Hence the Bill. (Obtained from L.A. Bill No. 20 of 94 File No.LAW 58 LGN 94) 3 IV Amending Act 27 of 1995.- It is considered necessary to amend the Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991,- (i) to provide for regularisation of Unauthorised Constructions made upto and inclusive of 1st January 1995; and to extend the date of making an application for regularisation from 1st day of October 1994 to 1st day of October, 1995. (ii) to exclude unauthorised construction made on any land which belongs or vested in an Authority and which is notified for acquisition under Bangalore Development Authority Act, 1976, or under the Karnataka Urban Development Authority Act, 1987 or under the Karnataka Improvement Boards Act, 1976 from the benefit of regularisation; (iii) o provide for regularisation of Unauthorised constructions made in green belt area declared as such under the Karnataka Land Revenue Act, 1964; (iv) to provide for regularisation of unauthorised constructions which fall within the required setoff specified in any rules, bye-laws or regulations governing buildings; (v) to provide for regularisation of unauthorised constructions having more than two floors; (vi) to provide for regularisation of unauthorised constructions used for commercial purposes; (vii) to provide for regularisation of unauthorised constructions made in violation of the Karnataka Parks, Play-fields and Open Spaces (Preservation and Regulation) Act, 1985; (viii) to provide for appointment of competent authority for the purpose of the Act, by substituting the provisions relating to the Screening Committee; As the matter was urgent and both the Houses of the Karnataka Legislature were not in Session the Karnataka Regularisation of Unauthorised Constructions in Urban Areas (Amendment) Ordinance, 1995 was promulgated. Hence the Bill. (Obtained from L.A. Bill No. 23 of 1995) 4 V Amending Act 17 of 2007.- In G.O.NO.RD 9 BMM 2003, dated: 8.9.2005 the posts of Regional Commissioners at Bangalore, Mysore, Gulbarga and Belgaum along with supporting staff has been created. The Regional Commissioners have to be conferred with statutory powers by necessary amendments to the relevant Acts. Since the matter was urgent and the Karnataka Legislature was not in session, the Karnataka Land Revenue and Certain Other Laws (Amendment) Ordinance 2006(Karnataka Ordinance No.5 of 2006) was promulgated to achieve the above Object. Hence the Bill. [L.A.Bill No. 7 of 2007] [Entry 5 and 18 of List II of the Seventh Schedule to the Constitution of India.] * * * * 5 KARNATAKA ACT NO. 29 OF 1991 (First published in the Karnataka Gazette Extraordinary on the Eighth day of November, 1991) THE KARNATAKA REGULARISATION OF UNAUTHORISED CONSTRUCTIONS IN URBAN AREAS ACT, 1991. (Received the assent of the Governor on the Fourth day of November, 1991) (As amended by Acts 9 of 1994, 29 of 1994, 27 of 1995 and 17 of 2007) An Act to provide for regularisation of certain unauthorised constructions in urban areas. WHEREAS it is expedient to provide for regularisation of certain unauthorised constructions in urban areas; BE it enacted by the Karnataka State Legislature in the Forty-second Year of the Republic of India, as follows:-

Section 11 – The KARNATAKA REGULARISATION OF UNAUTHORISED CONSTRUCTION IN URBAN AREAS ACT, 1991. | DailyLaw.ai