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5. Section 5 of the Act prescribes conditions for regularisation, which reads as under;

"5. Conditions for regularisation:- (1) No unauthorised construction shall be regularised if the person who has applied for regularisation or any member of his family owns any building or site within the urban area in which the unauthorised construction sought to be regularised is situated.
(2) No person shall be eligible to seek regularisation of more than one unauthorised construction either in his name or in the name of any member of his family".

Section 5 prescribes that, the applicant for regularisation of any unauthorised construction is not entitled for regularisation, if either the applicant or any member of his family owns any building or a site within the urban area in which the unauthorised construction sought to be regularised is situated and further prohibits an applicant for regularisation of more than one unauthorised construction. These are the matters to be enquired into by the Screening Committee at the time of consideration of the application for regularisation of unauthorised constructions.

12. There is no dispute in so far as the authority of the Screening Committee is concerned to consider and dispose of the application for regularisation of unauthorised construction and the Decision referred to above also supports the same. But in view of the exception stated in the very Decision that 'the applicant lost his right for any other reason' is not necessary to wait till the Screening Committee to consider and dispose of the application for regularisation of unauthorised construction. Section 4 imposes a prohibition on the Screening Committee to regularise unauthorised construction of certain categories. Where the application for regularisation of such unauthorised construction comes within the exception stated in the Decision referred to above, it is not necessary to allow the petitioner to enjoy the fruits of his illegal acts. The Division Bench of this Court in an unreported Judgment in Writ Appeal 2240/1993 M. Ramachandra v. B.D.A. DD 9.11.1993, considering the scope of the Section 4, has also held that:

"Regularisation of unauthorised construction is now covered by the Karnataka Regularisation of Unauthorised Construction in Urban Areas Act, 1991 which came into force on 01.08.1992. Under Section 4 of the said Act, unauthorised construction made in lands vested in any local authority cannot be regularised. It is not in dispute that the entire Survey No. 5/3A came to be acquired in the year 1985 itself. In these circumstances we do not find any substance in this appeal and no ground is made out to interfere with the order of rejection passed by the learned single Judge."