Granting of Development Rights Certificate (DRC) to land owners in cases initiated prior to the commencement of the Karnataka Town and Country Planning (Amendment) Act, 2021.

(cid:315)(cid:175)ೇಷ (cid:170)ಾಜ(cid:205) ಪ(cid:294)(cid:206)(cid:144)ೆ P¨ asÁ rU tÀ – – 4 IVಎ A BENGALURU, FRIDAY, 23, , 2 SE3 PTEMBER, 22 020 22 (A2( ashwayuja 0 , 01 1, SHAKAVA1 R9 S4 H4 A) , 1944) No. . 4 48 82 2 GOVERNMENT OF KARNATAKA No: UDD 208 BBL 2021(e) Karnataka Government Secretariat, Vikasa Soudha, Bengaluru, Date: 23-09-2022 NOTIFICATION Subject: Granting of Development Rights Certificate (DRC) to land owners in cases initiated prior to the commencement of the Karnataka Town and Country Planning (Amendment) Act, 2021. Reference: 1. Government Notification No: DPAL: 36: SHASANA: 2021, Dated: 07.10.2021. 2. Government Notification No: DPAL: 24: SHASANA: 2015, Dated: 10.09.2015. 3. Government Notification No: UDD: 283: BEMRUPRA: 2015, Dated: 04.03.2017. 4. Proceedings of the Meeting held under the Chairmanship of the Additional Chief Secretary to Government, Urban Development Department on 2.11.2021 and 25.11.2021. ******* Whereas the State Government has amended Section 14-B of the Karnataka Town and Country Planning Act, 1961 vide Notification under reference (1) and the said Notification has come into force with effect from the 12th day of August, 2021. Whereas the ensuing Rules for the amended Act is yet to be notified by the Government. There are several cases wherein ‘areas’ have been identified for public purpose as defined under Section 14-B of the Karnataka Town and Country Planning Act prior to commencement of the Karnataka Town and (1)2 Country Planning (Amendment) Act, 2021 and the process of acquiring of land and issue of DRC are at various stages. The same has been discussed in the meetings held under the Chairmanship of the Additional Chief Secretary to Government, Urban Development Department on 2.11.2021 and 25.11.2021. In order to avoid delays in implementation of projects and inconvenience to land losers, the Government has taken decision to issue the following directions as per the powers conferred under Section 76-K of the Karnataka Town and Country Planning Act, 1961. These directions shall apply until Notification of ensuing Rules for the Karnataka Town and Country Planning (Amendment) Act, 2021 are framed. 1. In cases where proposal has been forwarded in Form-II to issue DRCs from the Public Authority to the Planning Authority, prior to commencement of the Karnataka Town and Country Planning (Amendment) Act, 2021 (i) Wherever the Planning authority has issued the Notification in Form-III seeking public objections and suggestions; (a) On completion of the prescribed thirty days time for receipt of objections/suggestions, the Planning Authority shall revert to the Public Authority the objections and suggestions received by the Planning Authority with regards to issue of DRC. The Public Authority shall issue provisional acceptance order in Form XIII enclosed herewith and obtain the registered relinquishment deed in favour of the Public Authority in Form XII from eligible land owners who have consented for Development Rights so offered, after verifying the documents as listed in Form IV and the objections and suggestions. Thereafter, the Public Authority shall process for updation in concerned (revenue) records and take physical possession of land and building (if applicable) and send the proposal within thirty days, with recommendation to the Planning Authority for issue of Development Rights Certificate with certification that no Development Rights Certificate or compensation has been issued / paid for the said land by the Public Authority. (b) In cases where registered relinquishment deed in favour of the Public Authority is complete in all respects, the Public Authority shall, after verifying the documents listed in Form IV, process for updation in concerned (revenue) records and take physical possession of land and building (if applicable) and send the proposal within fifteen days, with recommendation to the Planning Authority in for issue of Development Rights Certificate, with certification that no Development Rights Certificate or compensation has been issued / paid for the said land by the Public Authority.3 (c) The Planning Authority shall, within a period of fifteen days from the receipt of request from Public Authority, issue the Development Rights Certificate. (ii) Wherever the Planning Authority has not published Form III, the proposal forwarded from the Public Authority in Form II to the Planning Authority shall be returned to the Public Authority within ten days from the date of issue of these directions. (iii) In all such cases wherein the proposals are returned to the Public Authority from the Planning Authority, the Public Authority within fifteen days, shall publish in the Form III enclosed herewith, inviting public objections and suggestions in one or more daily news papers circulated within the Local Planning Area and thereafter recommend the proposal to issue DRC to the Planning Authority after following the due process under Section 14-B(4) of the Karnataka Town and Country Planning (Amendment) Act, 2021. 2. In cases where the Public Authority has issued the Notification in Form I prior to commencement of the Karnataka Town and Country Planning (Amendment) Act, 2021.- Wherever the Public Authority has Notified Form I for consideration of Development Right Certificates, the Public Authority shall, within thirty days, publish in the Form III enclosed herewith, inviting public objections and suggestions, in one or more daily news papers circulated within the Local Planning Area and on following the due process under Section 14-B (4) of the Karnataka Town and Country Planning (Amendment) Act, 2021, recommend the proposal to issue DRC to the Planning Authority. 3. In cases where the Public Authorities have not issued Notification in Form I.- Wherever the Public Authority has not issued notification under Form- I, the Public Authority shall follow the provisions of the Karnataka Town and Country Planning (Amendment) Act, 2021 and the procedure which will be prescribed in the rules to be notified by the Government. Until notification of Rules under Section 14-B(4) of the Karnataka Town and Country Planning (Amendment) Act, 2021 are issued the Public Authority may notify the areas for consideration of DRC in the Form I enclosed along with these directions and continue to follow the due process under Section 14-B(4) of the Karnataka Town and Country Planning (Amendment) Act, 2021 and recommend the proposal to issue DRC to the Planning Authority. By order and in the name of the Governor of Karnataka (R.MANJUNATHA) Under Secretary to Government, Urban Development Department(BBMP-2).4 FORM III ................................. Public Authority No. Dated: …………… PUBLIC NOTICE In exercise of powers conferred under section 14-B of the Karnataka Town and Country Planning Act, 1961, the following ‘Area’ mentioned in the schedule below is required by the……………………… (Name and Address of the Public Authority) for development of …….............. (Road, Parks, or any public purpose defined in the Act) for implementing the proposals of the Approved Master Plan or proposals of the Local Authority. The following land/ building owners have opted for Development Rights in lieu of monetary compensation under the Right to Fair Compensation and transparency in land acquisition, Rehabilitation and Resettlement Act, 2013. The Development Rights will be given by the Authority as twice the land area surrendered and two times the building area surrendered and as estimated by the value of the building area surrendered (valuated as per PWD norms) divided by the market value of the land on which the building is constructed. The public is hereby informed about the details of the land and land owners and interested persons whose lands are required for the public purpose and Development Right Certificates (DRCs) are to be issued in lieu of monetary compensation. Any objections and suggestions are to be addressed to the Commissioner/ Chief Officer ………......... (Public Authority) within thirty days from the date of publication of this Notification. List of land/ building area surrendered and land owners for which DRC is to be issued Sl. Name of Name Name Sy. No. Type Nature of land Dimensi Boundaries Building Present Market Name No the of the of the / of on of the of the land details activity on (guidelin and District Taluk Village khatha land) land/plo /plot land/ es) value address no.) t and Building of the of the extent in (specify land per owner of sq.m specific sq.m the plot/ activity such land for as shop, which office, factory, DRC is apartment, to be individual issued house etc. tnacav pu tliuB erutlucirgA detrevnoC depolevednu /tuoyaL devorppA dnal depoleved etiS gnidliuB noisnemiD tnetxE htroN htuoS tsaE tseW m.qs ni tnetxE fo epyT dna noitcurtsnoc sroolf fo .oN Objections and suggestions made be submitted at the address specified below: Name and address of the Divisional/sub- divisional/ branch office Public Authority5 FORM I NOTIFICATION {Under section 14-B(4)(i)} In exercise of powers conferred under section 14-B (4) of the Karnataka Town and Country Planning Act, 1961 the following ‘Area’ mentioned in the schedule below is required by The……………………… (Name and Address of the Public Authority) for development of …… (Road, Parks, or any public purpose defined in the Act) for implementing the proposals of the Approved Master Plan or proposals of the Local Authority. It is hereby informed to the land owners and interested persons whose lands are required for the public purpose to appear and submit their claims along with the copies of the relevant documents viz, (i) Sale/partition/ other deeds of title, (ii) Up-to-date RTC’s (iii) Mutation Copy (iv) Tax paid receipts (v) conversion order of Non agriculture purpose (vi) Revenue sketch (vii) Akar Band etc, in person in the place within thirty days from the date of publication of this notification as indicated in the address below and state their respective interest in such land. The place where land Name and address of the Date and time owners / interested Divisional/sub- persons have to appear divisional/ branch and submit their claims offices The land owners/ interested parties of the scheduled properties whose lands are to be acquired shall give the consent for Grant of Development Rights to the......... (Name of the) Public Authority. The land owners shall receive twice the area of land surrendered in lieu of monetary compensation as DR (Notional land) and two time the building area surrendered as estimated by the value of the building area surrendered divided by the market value of the land on which the building is constructed. The Notional land can be utilized by factorizing with the market value at the originating plot and receiving plot. The Notional land is eligible for FAR and can be used as additional built up area at the receiving plot as per the terms and conditions prescribed in the Benefit of Development Rights Rules, 2016. The public is hereby informed about the details of the land and land owners and interested persons whose lands are required for the public purpose and Development Rights Certificates (DRCs) are to be issued in lieu of monetary compensation. Any objections and suggestions are to be addressed to the Commissioner/ Chief Officer ………......... (Public Authority) within thirty days from the date of publication of this Notification.6 SCHEDULE “Acquisition of land required for .............................................................. (Published under annual scheme of works vide. No........... dated.........)” Sl. Name of Name Name Sy. No. Type Nature of land Dimensi Boundaries Building Present Market Name No the of the of the / of on of the of the land details activity on (guidelin and District Taluk Village khatha land) land/plo /plot land/ es) value address no.) t and Building of the of the extent in (specify land per owner of sq.m specific sq.m the plot/ activity such land for as shop, which office, factory, DRC is apartment, to be individual issued house etc. tnacav pu tliuB erutlucirgA detrevnoC depolevednu /tuoyaL devorppA dnal depoleved etiS gnidliuB noisnemiD tnetxE htroN htuoS tsaE tseW m.qs ni tnetxE fo epyT dna noitcurtsnoc sroolf fo .oN Public Authority7 FORM XIII {Under section 14-B(4)(iii)} PROVISIONAL ACCEPTANCE ORDER In exercise of powers conferred under section 14-B (4) of the Karnataka Town and Country Planning Act, 1961 the ……………………… (Name and Address of the Public Authority) has notified the “Area” to be procured for ………………….. Public purpose for the implementation of the proposals of the approved Master plan or the proposals of the local authority vide Notification Number…………………………. Dated……………….. Whereas the claims and the consent for surrender of land for grant of development rights certificate in the prescribed Form IV submitted by the land owners/ interested persons within the prescribed period of thirty days from the date of issue of the said notification have been verified. Whereas the objections and suggestions received for the said notification have been verified and provisional acceptance order to consider grant of development rights certificate to the below listed land owners/ interested parties is here by issued. Sl. Name and Extent of Extent of Notional Valuation Market Notional Boundaries Boundaries of Total No. address of land building land for the of building value of land for of the land the building Eligible the land surrendered area land area area the land the area area Notional owner of the in sq.m surrendered surrendered surrendered area building surrendered surrendered land land/ in sq.m surrende area (5+8) building for red per surrende which sq.m red development rights certificates are to be issued htroN htuoS tsaE tseW htroN htuoS tsaE tseW R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19 Licensed to post without prepayment WPP No. 297 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 The ………………….. Public authority shall take physical possession of the listed lands and the owners/ interested persons are directed to execute the relinquishment deed in favour of the public authority in the prescribed Form XII within………… days from the date of issue of the provisional acceptance order and shall process for updation in concerned (revenue) records. Public Authority ಮುದ(cid:206)ಕರು (cid:178)ಾಗೂ ಪ(cid:206)(cid:144)ಾಶಕರು:- ಸಂಕಲ(cid:163)ಾ(cid:297)(cid:144)ಾ(cid:312)ಗಳ(cid:133), ಕ(cid:163)ಾ(cid:143)ಟಕ (cid:170)ಾಜ(cid:205)ಪತ(cid:206), ಸ(cid:144)ಾ(cid:143)(cid:312) (cid:144)ೇಂದ(cid:206) ಮುದ(cid:206)(cid:158)ಾಲಯ, (cid:166)ೆಂಗಳ(cid:136)ರು