2 t i p ಸ The 2020 ಇ ಾ ಾನಯ್ ⁀ ಾಜಯ್ ಪತರ್ದ TH (Pro Republic o the 28th d An O 1976 (Ka incidental Whe Council a circumsta promulgat s̈ÁUÀ – 4 Part – IV ಂಸ⁂ೕಯ ಸಂಖೆಯ್:
e Bangal ದಕೆಕ್ 2020 ⁀ಳುವ⁍ಕೆಗಾಗಿ ದ⁌ಲ್ ಪರ್ಕ※ಸ KAR E BANGA omulgated of India an day of May Ordinance arnataka A l thereto;
ereas the K are not in ances exist te the Ord Beng ವಯ್ವಾರ : ಸಂವಯ್ ಾಇ ore Deve 0ರ ೕ ⁀ಂ ಗಿ ಇದನುನ್ 2 ಸೕಕೆಂದು ಆ RNATAKA ALORE D by the G nd First pu , 2020) e further t Act 12 of Karnataka session a t which ren dinance for Xೆಂಗಳೂರು, ಗ aluru, THURSDA Ļಶೇಷ ರ ಗಳು ಮತು ಅ⁃ ಇ 52 ಾಸನ elopment ಂಗಳ 28ೕ 020 ರ ಕ ೕ⁏ಸ ಾಗಿ A ORDIN DEVELOP ORDIA overnor of ublished in to amend f 1976) a a Legislativ and the G nder it nec r the purp ಗುರು`ಾರ ,28, å AY,28, MAY,2
(1) ರಾಜಯ್ ಪತಿರ್ ುತ್ ಾಸನ ರ ⁃ಸೂಚ ನ 2016, ⁂ t Authori ⁂ಾಂಕದಂ ಾರ್ಟಕ ಅ῾ಾ .
NANCE N PMENT A ANANCE, f Karnatak n the Karn the Banga and for m ve Assemb overnor o cessary for oses herei åೕ, 2020(sಜೆಯ್ೕಷಠ್ 2020( JYAISTH ತಿರ್ಕೆ ರಚ ಇ ಾ ⁂ಾಂಕ: 28.
ity (Amen ಂದು ಾಜಯ್ ಾಯ್ೕಶ ಸಂಖೆ NO. 10 O AUTHORI , 2020 ka in the nataka Ga alore Deve matters c bly and th f Karnatak r him to ta inafter app ಷಠ್, 07, ಶಕವಷ ೧ HA 07, ShakaV ಾಖೆ ಸ‷ ಾ .05.2020 ndment) ಾಲರ ಒ⁅ಪ್ ಖೆಯ್: 10 ಎಂಬ OF 2020 ITY (AME Seventy fi azette Extr elopment A onnected he Karnata ka is satis ake immed pearing;
೧೯೪2) Varsha 1942) ಾಲಯ Ordinan ಪ್ಗೆ ೂ⁀ದ ಬು´ಾಗಿ ಕಾ ENDMEN rst year of ra-ordinary Authority therewith aka Legisla sfied that diate actio ನಂ. 18 No. 18 nce, ದುದ್, ಾರ್ಟಕ T) f the y on Act, h or ative the on to 85 85 2 Now, therefore, in exercise of the powers conferred by clause (1) of Article 213 of the Constitution of India, the Governor of Karnataka is pleased to promulgate the following Ordinance, namely:-
1. Short title and Commencement.– (1) This Ordinance may be called the Bangalore Development Authority (Amendment) Ordinance, 2020.
(2) It shall come into force on such date as the Government may, by notification in official Gazette appoint.
''38D. Allotment of Bangalore Development Authority Land in favour of original owner or purchaser or unauthorized occupant etc.- (1) Notwithstanding anything contained in this Ordinance or in any other law or any development scheme made under this Ordinance, but without prejudice to section 38-C where the Authority after holding such enquiry as it deems fit, is of the opinion that any land vested in, or acquired by it cannot be used by it on account of existing building thereon and it is not practicable to include such land for the purpose of development scheme or formation of sites, the Authority may, subject to such rules after holding such enquiry as may be prescribed, allot such land by sale in favour of the original owner of the land or purchaser from its original owner or any other person in unauthorized occupation of the land for some reason or other who has put up the building on the land and is in settled possession of such land but does not include a tenant, licencee or permissive user subject to the conditions that,-
(i) the building was in existence on such land and in settled possession for not less than twelve years prior to the date of commencement of the Bangalore Development Authority (Amendment) Ordinance, 2020;
(ii) the allotee makes payment towards the allotment of land at rates specified in the table below,- Sl No Extent of Land with building, other than corner site Amount to be levied and collected 01 Up to 20'X30' Ten percent of the Guidance value 02 More than 20'X30' and upto 30'X40' Twenty five percent of the Guidance value 03 More than 30'X40' up to 40'X60' Forty percent of the Guidance value 3 04 More than 40'X60' and upto 50'X80' Fifty percent of the Guidance value and penalty as may be prescribed
Provided that, in respect of corner site with building twice the rate specified above.
(iii) total extent of land allotted to any person under this sub-section shall not exceed 4000 square feet and no other member of his family shall be entitled to apply for or seek benefit of allotment of any other land on any ground whatsoever;
(iv) such original possessor of the land, purchaser from its original possessor or the person who is in unauthorized occupation of the land for one reason or other and is in possession of such land with building for more than twelve years prior to the date of commencement of the Bangalore Development Authority (Amendment) Ordinance, 2020 seeking an allotment makes an application to the Authority containing such particulars, within such time and along with such fee as may be prescribed and also produces copy of any of the following supporting documents to establish his settled possession and construction of Building thereon like sale deed, approved plan and permission for construction of building, order for permanent supply of electricity, sanction for connection of supply of water and underground drainage for such building, property tax receipt given or issued by the competent authority for being paid the tax for such building or any such other document to establish his settled possession and construction of any building as may be prescribed:
Provided that no such land shall be allotted if,-
(a) it is reserved for parks, playground, open space or for providing civic amenities;
(b) it affects alignment of any road or proposed ring road, National Highways, by-pass road or mass rapid transit system (rail) projects;
(c) it is abutting to or upon a storm water drain, tank bed area, river course or beds or below high tension electric lines; and 4
(d) the possession for more than twelve years is litigious or interrupted possession by virtue of interim order of court.
Explanation: for the purpose of this section,-
(a) 'guidance value' means estimated market value published under the Karnataka Stamp Act, 1957 prevailing on the date of allotment;
(b) 'land' means site with building;
(c) 'original owner of the land' means a person who was occupant of the land immediately before publication of development scheme which contained proposal for acquisition of such land; and
(d) "settled possession” means in possession of land with permanent building, without any litigious or interrupted possession but does not include a tenant, licencee or permissive user."
(2) The jurisdictional officer who is proved to have failed to prevent unauthorised occupation or construction that have taken place in his jurisdiction from the date of commencement of the Bangalore Development Authority (Amendment) Ordinance, 2020 shall be liable for such punishment as may be prescribed.
(3) The Bangalore Development Authority shall take up an action plan to evict the unauthorized occupants in Bangalore Development Authority Lands and who are not eligible for allotment of site under this section on the date of commencement of the Bangalore Development Authority (Amendment) Ordinance, 2020, within two years from the date of commencement of the Amendment Ordinance.
VAJUBHAI VALA GOVERNOR OF KARNATAKA By order and in the name of the Governor of Karnataka, (K. DWARAKANATH BABU) Secretary to Government Department of Parliamentary Affairs and Legislation.
ಮುದರ್ಕರು ಹಾಗೂ ಪರ್ಕಾಶಕರು:- ಸಂಕಲನಾಧಿಕಾರಿಗಳು, ಕನಾರ್ಟಕ ರಾಜಯ್ಪತರ್, ಸಕಾರ್ರಿ ಕೇಂದರ್ ಮುದರ್ಣಾಲಯ, ಬೆಂಗಳೂರು R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19 Licensed to post without prepayment WPP No. 297 2020-05-28T17:39:55+0530 SUNIL GARDE