Amendment status not verified — confirm the current text below against the official source.
Amendment of section 14-B.- In the Principal Act, in section 14-B,- (1) in sub-section (1),- (a) after the words “The Planning Authority shall issue Development Rights” the words “in the form of Notional land” shall be inserted; (aa) the following shall be inserted at the end, namely:- “The site remaining after surrender shall have same floor area which was available before surrender for the original site or land as per regulation.”; (b) after sub-section (1), the following proviso shall be inserted, namely:- “Provided that, any ‘Area’ surrendered in the above manner before 03.06.2004 shall not be eligible for Development Rights.” (2) for sub-section (3), the following shall be substituted, namely:- “(3) No Development Rights shall be granted under this section unless the Public Authority deposits the amount with Local Authority equal to one percent of the market value of the area required: Provided that, the State or Central Government Agencies for the development of affordable housing projects, slum redevelopment projects, Local Authority and Planning Authority are exempted from such deposition.” (3) for sub-section (4), the following shall be substituted, namely:- "(4) whenever, the Public Authority intends to procure any ‘Area’ for any public purpose under sub-section (1), it shall follow the prescribed procedure to,- (i) notify the details of the Area, seeking consent or objection from the owners of the Area or interested persons, to surrender the Area by availing Development Rights, instead of monetary compensation, within thirty days from the date of publication of the notification in the Official Gazette and in two daily newspapers; (ii) get the consent of the owners to surrender the ‘Area’ by availing Development Rights; (iii) issue Provisional Acceptance Order and take physical possession of the ‘Area’ agreed to be surrendered by the owner; (iv) get the Relinquishment deed executed and registered in favour of the Public Authority; and (v) recommend to the Planning Authority to issue Development Rights Certificate to the owners for the Area surrendered with a certificate that no development rights certificate or compensation had been issued in this regard by any Public Authority or Planning Authority: Provided that, in case the land owner or interested persons submit the claim to surrender the remaining portion of the land notified under clause (i) as the land is rendered unfit for the beneficial use of the land owner or interested persons, the 81 Public Authority shall conduct the enquiry and pass suitable order to procure the remaining portion of the land and obtain the registered relinquishment deeds from the land owners.” (3A) for sub-section (5), the following shall be substituted, namely :- “(5) on receipt of the recommendation from the Public Authority, the Planning Authority shall, after verification that no Transferable Development Right has been issued before by that Planning Authority on the same parcel of land, within thirty days from the date of receipt of recommendations issue Development Right Certificate to the owner in the prescribed form, under intimation to the Public Authority specifying the extent of notional land as Development rights admissible subject to such terms and conditions as may be prescribed. Any liability with respect to the issue of Development right arising out of the action of the Public Authority under sub-section (4) shall be limited to the Public Authority and the Planning Authority shall not be held responsible for the same.” (4) sub-section (9), shall be omitted. (4A) after sub-section (10), the following proviso shall be inserted, namely :- “Provided that, in cases where land has been procured and possession has been taken by the Public Authority five years or more prior to the date of commencement of the Karnataka Town and Country Planning (Amendment) Act, 2021 for the purpose specified above but no Development Right Certificate has been issued till the commencement of the said amendment Act, in such procurement process land owners shall be eligible for benefit of Development Rights as per the said amendment Act.” (5) for sub-section (13), the following shall be substituted, namely:- “(13) The Development rights may be utilized within the same plot or in other area in the same Local Planning area or as notified by the Government, by the owner or the owner of such Development Rights may transfer the Development rights to a transferee as Transferable Development Rights which may be sold or utilized in any area as prescribed within the Local Planning Area or as notified by the Government.” (6) in sub-section (19),- (a) after the words “Planning Authority” the words “and Public Authority” shall be inserted; and (b) at the end, the following shall be inserted, namely:- “and for stocking, banking and trading of Development Rights or Transferrable Development Rights in the State.” (7) in sub-section (22), for the words “order of the Planning Authority” the words “decision of the Public Authority or Planning Authority” shall be substituted. (8) in sub-section (24), after the words “The Member Secretary of the Planning Authority” the words “or the Chief Executive Officer of the Public Authority, as the case may be,” shall be inserted. 82 (9) for the Table and the entries relating thereto, the following shall be substituted, namely:- “Table [see sub-section (1)] QUANTUM OF DEVELOPMENT RIGHTS PERMITTED (10) after the Note of the Table, under the heading Explanation,- Sl. No. Area Surrendered Development Rights permitted 1 Land Development Rights (i) Any road widening/any road formation as proposed in Master Plan or as proposed by the Local Authority or Developing Authority. (ii) Any Infrastructure Projects approved by the Government (Transportation, Water Supply, Sewage, Electricity, etc.,). (iii) Providing for parking, Parks, playgrounds, and open spaces, or any other public places proposed in the Master Plan or proposed by Local Authority and redevelopment projects on private land (iv) Providing EWS/LIG/ affordable housing/Slum redevelopment project on private land (v) Any other public purpose notified by the Government from time to time. DR in the form of notional land which shall be equal to two times of the Area surrendered. 2 Building Development Rights a. All types of buildings. (The Area considered for quantum of Development Rights shall be the Area surrendered limited to the allowable Floor Area Ratio (FAR) for such building area.) Development Rights in the form of notional land which shall be equal to two times the land area derived by dividing the value of the building / portion of the building surrendered, by the market value of the land / plot on which the building is situated. The method of valuation of building shall be as prescribed. 83 (a) in clause (b), the words “This amount shall be equal to the market value of the area to be acquired” shall be omitted. (b) for clause (k), the following shall be substituted, namely:- “(k) “Transferable Development Rights” (TDR) means the Development Right in the form of notional land transferred by the owner to a transferee, which may be sold or disposed or utilized elsewhere in the Local Planning Area or any other area notified by the Government. The DR of the ‘Area’ surrendered in the form of Notional land, shall be permitted to be utilized as TDR, only after factorizing the market value of the originating plot and the receiving plot, as specified in the terms and conditions; and (c) after clause (k), so substituted, the following shall be inserted, namely:- “(l) “Transferred Development Rights Certificate’” (TDRC) means the certificate of Development Rights transferred by the DRC holder as TDR. TDRC shall also be issued for the TDR transferred by any subsequent TDRC holder.”