Section 76FF in Karnataka Town and Country Planning Act, 1961
76FF. [ Regularization of certain development and change of land use. [Sections 76FF and 76FFF inserted by Act 1 of 2007 w.e.f. 15.09.2007. Please see the text of Notification at the end of the Act]
(1)Notwithstanding anything contained in this Act, where any land has been developed or change in land use is made in contravention of section 14, 14A, section 15, section 17 or the regulations or in contravention of commencement certificate granted under section 15, the Planning Authority may regularize such development and change of land use made prior to [[the date of commencement of the Karnataka Town and Country Planning and certain other Laws (Amendment) Act, 2013] subject to such rules as may be prescribed and on payment of the prescribed amount, which may be different for different purposes, but not exceeding the estimated cost of the development.[Provided that the amount so prescribed shall not be less than,-(i)six percent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 and rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of set back norms and permissible floor area ratio does not exceed twenty five percent;(ii)eight percent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 and the rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of set back norms and permissible floor area ratio exceeds twenty five percent but does not exceed fifty percent:Provided further that where the portion of the building is built in violation of the provisions referred to above is being used or meant for nonresidential purpose and amount payable for regularization of such portion shall be,-(a)twenty percent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 and the rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of set back norms and permissible floor area ratio does not exceed twelve and a half percent;(b)thirty five percent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 and the rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of set back norms and permissible floor area ratio exceeds twelve and a half percent but does not exceed twenty five percent."; and](2)No such development or change in land use referred to in sub-section (1) shall be regularized, if it is made,-(i)in the land affected by the alignments of any road or of proposed inner ring road, National High Ways, bypass road, outer ring road or mass rapid transit system (rail) projects;(ii)on the land belonging to the State Government or the Central Government or appurtenant to any building belonging to the State Government or the Central Government;(iii)on the land belonging to an other person over which the former has no title;(iv)on the land belonging to any Board or Corporation owned or controlled by the Central Government or the State Government;(v)on the land belonging to, or vested in, any Urban Development Authority or Bangalore Development Authority;(vi)on the land belonging to, or vested in, a local authority;(vii)on the land abutting to storm water drains, tank bed areas, river course or beds and canals or below the high tension electric line;(viii)in land reserved for parks, playgrounds, open space or for providing civic amenities.(3)No development being a special and hazardous industry or an industry categorized as "RED" by the Karnataka Pollution Control Board shall be regularized in a non-conforming zone. Even in a conforming zone, it shall be regularized only with the clearance from the Karnataka Pollution Control Board.(4)No development shall be regularized unless it conforms in respect of clearance from high-tension lines and fire protection measures.(5)No development shall be regularized in the area covered by the Coastal Zone Regulations of the Ministry Environment and Forest, Government India.(6)No development made in basement or usage in contravention of bye law shall be regularized.(7)No development in violation of set back norms exceeding twenty-five percent in case of non-residential buildings and fifty percent in case of residential buildings shall be regularized.(8)No development shall be regularized unless the violation in respect of change in land use is first regularized.(9)No development where the violation is in excess of such prescribed limit but not exceeding fifty percent of permissible floor area ratio in respect of residential buildings and not exceeding twenty five percent of permissible floor area ratio in respect of non-residential buildings shall be regularized and different maximum limit may be prescribed in respect of different class of development:Provided that where such development resulting in violation is in excess of prescribed limit, such development shall not be regularized unless the development resulting in violation is brought down within the regularisable limit under this Act.(10)regularization of violation in respect of change of land use shall be made as far as may be in accordance with section 14A;(11)No development in respect of any building having more than two floors shall be regularized unless a certificate from a Structural Engineer is produced regarding the structural stability of such building;(12)In case of a owner of the building who has made unauthorized construction in violation of the norms or zonal regulation and do not apply for regularization within the prescribed time, the supply of water and electricity to the building shall be liable to be disconnected with prior notice.(13)[ Any person seeking regularization under this section shall make application to the prescribed Authority within [such period as may be prescribed] [Substituted by Act 57 of 2013 w.e.f. 27.08.2013]] [Substituted by Act 67 of 2013 w.e.f 19.10.2013. Section 2](14)No unauthorized construction or development made in agricultural zone of approved Master Plan or green belt area declared under Karnataka Land Revenue Act, 1964 shall be regularized.(15)No person shall be liable to pay fine or fee for regularization under any other law if he has paid regularization fee under this Act for the same violations.(16)All payments made under sub-section (1) shall be credited to a separate fund kept in the concerned Local/Planning Authority called the urban areas infrastructure Development fund which shall be utilized in such manner, for the development of infrastructure, civic amenities, lighting, parks, drinking water, drainage system and for any other infrastructure, as may be prescribed.
