The State Government of Karnataka on October 19, 2020 has published the Karnataka Town and Country Planning (Third Amendment) Act, 2020 to further amend the Karnataka Town and Country Planning Act, 1961. It shall be deemed to have come into force with effect from May 22, 2020.
The amendments are made in Section 17 specifying sanction for single plot or sub-division of plot or lay-out of private street of the Karnataka Town and Country Planning Act, new sub-sections 17(2C)(i), (ii) and (iii) are inserted:
• Section 17(2C)(i) - The Planning Authority, if the developer of the layout so desires, may also permit development of layout in phases. In such a case, the developer shall submit a phasing plan along with the provisional plan showing the development of the layout area in three phases, indicating development of forty percent of the layout area in the first phase, thirty percent of the layout area in the second phase and the remaining thirty percent of the layout in the third phase.
• Section 17(2C)(ii) - The Planning Authority shall release all building sites in the first phase of the layout, that is forty percent of the total layout area, after the relinquishment of roads, parks and playground and civic amenity areas of the entire layout area without claiming any compensation and after completion of all infrastructure development works in the first phase as and after obtaining certificate of completion for the above said works from the concerned Authority/ Agency/ Department/ Corporation.
• Section 17(2C)(iii) - The Planning Authority shall release all building sites in the second phase of the layout, that is thirty percent of the total layout area, after completion of all infrastructure development works in the second phase as specified in Table- A below and after obtaining certificate of completion for the above said works from the concerned Authority/ Agency/ Department/ Corporation as specified in Table- B below. A copy of the second phase layout plan affixing the seal of the Planning Authority showing the building sites released for transfer title to the allottee by the developer by registration and a copy shall be sent to the local authority for issue of the Khata to the sites.
• Section 17(2C)(iv) - The Authority shall approve the final layout plan releasing the remaining thirty percent of building sites on completion of all infrastructure development works in the third phase as specified in the Table-A below and after obtaining certificate of completion for the above said works from the concerned Authority as specified in the Table-B below. A copy of the final layout plan affixing the seal of the Planning Authority showing the building sites released for transfer of title to the allottee by the developer by registration and a copy shall be sent to the local authority for issue of the Khata to the sites.
• Section 17(2C)(v) - The building sites mentioned in sub-clause (ii) of sub section (2-C) shall be released only after registration of the project under The Real Estate (Regulation and Development) Act, 2016.
• Section 17(2C)(vi) - The inspection for certification of all the development works in each of the three phases shall be conducted jointly by all the concerned Authorities/Agencies/ Departments/Corporations.
• Section 17(2C)(vii) - Any building site which has not been released by the Planning Authority shall not be issued any Khata or given property index number (e-khata) under the Karnataka Municipalities Act, 1964, the Karnataka Municipal Corporations Act, 1976 and the Karnataka Gram Swaraj and Panchayat Raj Act, 1993.
[Notification No: DPAL 71 SHASANA 2020]
