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Start Free TrialKarnataka Town and Country Planning Act, 1961 Chapter 3
Title: Outline Development Plan
State: Karnataka
Year: 1961
.....approved by the StateGovernment or Central Government from the payment of fee specified undersub-section (1). Explanation:-For the purpose of this section and section18A "Infrastructure Project " means,- (a) road, bridge, air port,port, inland water ways and inland ports, rail system or any other publicfacility of a similar nature as may be notified by the State Government fromtime to time; (b) a highway project includinghousing or other activities being an integral part of that project; (c) water supply project,irrigation project, sanitation and sewerage system." (d) a tourism project with aninvestment of not less than Rupees one hundred crores as may be notified by theState Government from time to time] _______________________ 1. Substituted by Act 23 of 2004 w.e.f. 03.06.2004. 2.Inserted by Act 23 of 2004 w.e.f. 3.06.2004. Section 18A - Levy and collection of cess and surcharge 1 [18A. Levy and collection of cess and surcharge (1) Notwithstanding anything contained in thisAct, the Planning Authority may while granting permission for development ofland or building levy and collect from the owner of such land or building:- (i) acess for the purpose of.....
View Complete Act List Judgments citing this sectionKarnataka Town and Country Planning Act, 1961 Chapter 5
Title: Town Planning Schemes
State: Karnataka
Year: 1961
.....Director a draft scheme in respect of any land in regard to which a town planning scheme may be made under section 28. (2) For the purpose of this Act and the rules made thereunder, the requisition under sub-section (1) by the State Government shall be deemed to be the declaration of intention to make a scheme under section 29. Section 32 - Contents of draft scheme The draft scheme shall contain the following particulars, namely: (a) the area, ownership and tenure of each original plot, the land allotted or reserved under clause (e) of sub-section (2) of section 26 with a general indication of the uses to which such land is to be put and the terms and conditions subject to which such land is to be put to such uses; (b) the extent to which it is proposed to alter the boundaries of original plots; (c) an estimate of the net cost of the scheme to be borne by the Planning Authority; (d) a full description of all the details of the scheme under such clauses of sub-section (2) of section 26 as may be applicable; (e) the laying out or re-laying out of land either vacant or already built upon; (f) the filling up or reclamation of low-lying swamp or unhealthy areas, or.....
View Complete Act List Judgments citing this sectionKarnataka Town and Country Planning Act, 1961 Chapter 6
Title: Town Planning Officer and His Duties
State: Karnataka
Year: 1961
.....that the State Government may, from time to time by order in writing, extend the said period by such further period as may be specified in the order. Section 39 - Certain decisions of the Town Planning Officer to be final subject to an appeal to the Director From every decision of the Town Planning Officer, in matters not arising out of clauses (e), (f), (h), (i), (j) and (m) of sub-section (1) of section 38, an appeal shall lie to the Director within one month from the date of the decision and subject to the orders in such appeal, the decision of the Town Planning Officer shall be final and conclusive. Section 40 - Appeal (1) Any decision of the Town Planning Officer under clauses (e), (f), (h), (j) and (m) of sub-section (1) of section 38 shall be forthwith communicated to the party concerned and any party aggrieved by such communication of the decision, may appeal to the District Judge within the local limits of whose jurisdiction the area included in the scheme is situated. (2) The District Judge may transfer an appeal filed before him to the Additional District Judge for disposal. (3) The District Judge or the Additional District Judge, as the case may be,.....
View Complete Act List Judgments citing this sectionKarnataka Town and Country Planning Act, 1961 Section 38
Title: Duties of the Town Planning Officer
State: Karnataka
Year: 1961
(1) Subject to the provisions of sub-section (3) of section 37, the Town Planning Officer shall in accordance with the provisions of this Act and the rules made thereunder,- (a) define and demarcate the areas allotted to, or reserved, for a public purpose or purpose of the Planning Authority and the reconstituted plots; (b) determine in the case in which a reconstituted plot is to be allotted to persons in ownership in common, the shares of such persons; (c) fix the difference between the total of the values of the original plots and the total of the values of the plots included in the final scheme; (d) determine whether the areas used, alloted or reserved for a public purpose or purpose of the Planning Authority are beneficial wholly or partly to the owners or residents within the area of the scheme; (e) estimate the portion of the sums payable as compensation on each plot used, allotted or reserved for a public purpose or purpose of the Planning Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public, which shall be included in the costs of the scheme; (f) calculate the contribution to be levied.....
View Complete Act List Judgments citing this sectionKarnataka Town and Country Planning Act, 1961 Section 63
Title: Provisions for Cases in Which Value of Developed Plot is Less Than the Amount Payable by Owner
State: Karnataka
Year: 1961
.....(2) If such owner fails to make such payment within the prescribed period, the Town Planning Officer shall, if the Planning Authority so requests, acquire the original plot of such defaulter and apportion the compensation among the owner and other persons interested in the plot on payment by the Planning Authority of the value of such plot estimated at its market value on the date of the declaration of intention to make a scheme or the date of a notification under section 31 and without reference to improvements contemplated in the scheme, and thereupon the plot included in the final scheme shall vest absolutely in the Planning Authority free from all encumbrances, but subject to the provisions of this Act: Provided that the payment made by the Planning Authority on account of the value of the original plot shall not be included in the costs of the scheme.
View Complete Act List Judgments citing this sectionKarnataka Town and Country Planning Act, 1961 Complete Act
Title: Karnataka Town and Country Planning Act, 1961
State: Karnataka
Year: 1961
.....Sub-Division, inclusion of any area in a Local Planning Area Section 4B - Power to withdraw Local Planning Area from operation of this Act Section 4C - Constitution of Planning Authority Section 4D - Term of office and conditions of service of the Chairman and members of Planning Authorities Section 4E - Meetings of Planning Authorities Section 4F - Temporary association of persons with the Planning Authority for particular Purposes Section 4G - Staff of the Planning Authority Section 4H - Functions of the Member-Secretary of the Planning Authority Chapter 2 Section 5 - Date to be specified Section 6 - Preparation of a map showing present land use Section 7 - Application for correction of entries in map Section 8 - Entries in map conclusive evidence subject to orders under section 7 Chapter 3 Section 9 - Preparation of outline development plan Section 10 - Declaration of intention of making outline development plan Section 11 - Power of entry for carrying out surveys for preparing outline development plan Section 12 - Contents of outline development plan Section 13 - Approval of the outline development plan Section 14 - Enforcement of the outline.....
List Judgments citing this sectionKarnataka Town and Country Planning Act, 1961 Section 59
Title: Transfer of Right from Original to Reconstituted Plot or Extinction of Such Right
State: Karnataka
Year: 1961
Any right in an original plot which in the opinion of the Town Planning Officer is capable of being transferred wholly or in part, without prejudice to the making of a Town-Planning scheme to a reconstituted plot shall be so transferred and any right in an original plot which in the opinion of the Town Planning Officer is not capable of being so transferred shall be extinguished: Provided that an agricultural lease shall not be transferred from an original plot to a reconstituted plot without the consent of all the parties to such lease.
View Complete Act List Judgments citing this sectionKarnataka Town and Country Planning Act, 1961 Section 65
Title: Payment of Net Amount Due to Planning Authority
State: Karnataka
Year: 1961
(1) The net amount payable under the provisions of this Act by the owner of a plot included in the final scheme may, at the option of the contributor, be paid in lump sum or annual instalments not exceeding ten. If the owner elects to pay the amount by instalments, interest at four and a half per cent per annum shall be charged on the net amount payable. If the owner of a plot fails to so elect on or before the date specified in a notice issued to him, he shall be deemed to have elected to pay the contribution by instalments and the interest on the contribution shall be calculated from the date specified in the notice, being the date before which he was required to make an election as aforesaid. (2) Where two or more plots included in the final scheme are in the same ownership, the net amount payable by such owner under the provisions of this Act shall be distributed over his several plots in proportion to the increment which is estimated to accrue in respect of each plot, unless the owner and the Planning Authority agree to a different method of distribution.
View Complete Act List Judgments citing this sectionKarnataka Town and Country Planning Act, 1961 Section 17
Title: Sanction for Sub-division of Plot or Lay-out of Private Street
State: Karnataka
Year: 1961
.....person by notice in writing to stop any work in progress and after making an inquiry in the prescribed manner, remove or pull down any work or restore the land to its original condition. (5) Any expenses incurred by the Planning Authority under sub-section (4) shall be a sum due to the Planning Authority under this Act from the person in default. 1[(6) Any person aggrieved by the decision of the Planning Authority under sub-section (2) or sub-section (4) may, within thirty days from the date of such decision appeal to such authority as may be prescribed. (7) The prescribed authority may after giving a reasonable opportunity of being heard to the appellant and the Planning Authority, pass such order as it deems fit, as far as may be, within four months from the date of receipt of the appeal.] _______________________ 1. Section 6 and 7 Inserted by Act 17 of 1991 w.e.f. 19.4.1991.
View Complete Act List Judgments citing this sectionKarnataka Town and Country Planning Act, 1961 Section 33
Title: Reconstituted Plot
State: Karnataka
Year: 1961
(1) In the draft scheme the size and shape of every reconstituted plot shall be determined, so far as may be, to render it suitable for building purposes and where the plot is already built upon, to ensure that the building as far as possible complies with the provisions of the scheme as regards open spaces. (2) For the purpose of sub-section (1) the draft scheme may contain proposals,- (a) to form a reconstituted plot by the alteration of the boundaries of an original plot; (b) to form a reconstituted plot by the transfer, wholly or partly, of the adjoining lands; (c) to provide that the consent of the owners that two or more original plots each of which is held in ownership in severalty or in joint ownership, shall hereafter with, or without alteration of boundaries, be held in ownership in common as reconstituted plot; (d) to allot a plot to any owner dispossessed of the land in furtherance of the scheme; and (e) to transfer the ownership of a plot from one person to another.
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