MAKE SURE YOU APPROUCH THE PROPER AUTHORITY FOR REGISTRATION

Advocate Selvakumar|Property Advocates in Bangalore|Senior Lawyer

Of late, folks are very confused concerning the registration of transfer of properties. The registration method that was a sleek method here to, all of a explosive has become terribly tedious job numerous documents, approvals, orders, that weren't insisted upon earlier. A document that's thought of as correct in one Sub-registrar’s workplace is rejected as not correct in another Sub-registrar’s workplace. The Revenue department, the Department of the officer of Registration, the Commissioner of Stamps and every one the Sub-registrars are confused themselves and appear unable to guide the general public.

The two small print, that have affected registration are, the conversion of agricultural land to non-agricultural purpose and also the approval of layouts.

Agricultural land cannot be used for the other purpose, unless it's reborn to non-agricultural purpose.Under Section 95 of the province Land Revenue Act, the govt. recently introduced a ‘Single Window’ system for conversion of land.

Apart from conversion of land, the layout ought to be approved by the involved authority. Thenceforth the building too has to be approved.  Generally, the Urban Development Authority within the district is that the approving authority for layouts.

But several layouts are approved by town municipal councils, city municipal councils, and village panchayats, that have junction rectifier to calibre development works, inflicting significant monetary burden on the native boards and also the resultant in-convenience to the folks. The conversion of land for any purpose apart from agricultural mustn't be in violation of the approved program, CDP proposals. As so much as metropolis and close aras are involved, there are numerous designing authorities that approve layouts. Each designing authority encompasses a such that jurisdiction.

People ought to perceive that the metropolis town Corporation (BCC), the assorted town municipal councils, TMCs or the village panchayats don't have any authority to approve layouts that vest with the territorial designing Authorities. several issues have up owing to the unauthorized and indiscriminate approval of layouts by these authorities, exposing the general public to hardships.

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Approval of plans

Before we have a tendency to discuss designing authorities, we have a tendency to should perceive the powers of varied native bodies just like the town companies, municipal councils, TMCs and village panchayats, to approve building plans.

Constructions are allowable solely on reborn lands and approved layouts.  Village Panchayats might approve building plans with ground and one structure among their territorial areas solely. Gramathana sites have return beneath strict scrutiny and lots of punchayet boards have senselessly issued Forms nine and ten and any approval of building plans on such gramathana sites need additional precaution.  The gramathana sites will be known by concerning a village map at the Department of Survey and Settlement.

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According to a replacement circular, such web sites ought to be certified by the village comptroller introduction a rough sketch of the gramathana site indicating the precise location within the village map in conjunction with its boundaries.

If the gramathana web site satisfies of these stipulations, the govt. won't enforce conversion, and also the village punchayet might approve a building arrange of ground and one floor on such sites. However, it's terribly troublesome to spot real gramathana sites as lots of phony documents are in circulation. town municipal councils, TMC and also the BCC might approve building plans of ground and 3 floors solely.  Any building arrange in far more than ground and one in village punchayet areas and in far more than ground and 3 floors within the areas beneath town companies and municipal council’s wants approval from the urban planning authorities.

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Deemed conversion

As expressed earlier, layouts will be shaped solely on reborn lands.  The province tribunal, in its Judgment in BDA V/s Vishwa Bharathi House Building Co-operative Society (1992(1) LJ 523B (DB) ILR 1991 KAR 440 (DB) has command that every one agricultural lands among the jurisdiction of a town corporation ar deemed to be reborn. however the govt. has processed that there's no such deemed conversion, however that the competent authority might grant a conversion order.

It is additionally processed that tho' the betterment charges ar paid to the involved government agency, and also the Katha is issued by the government agency, if such property comes beneath agricultural land earlier to payment of betterment charges, conversion of land to non-agricultural purpose is important beneath the provisions of Section ninety five of the province Land Revenue Act (1964). beneath such circumstances payment of betterment charges and also the supply of the Katha isn't a conclusive proof of conversion.

Planning authorities

There are various designing authorities licensed to approve layouts in and around metropolis.  They are;

Bangalore Development Authority (BDA)

Bangalore Metropolitan Regional Development Authority (BMRDA)

Bangalore International airport planning Authority (BIAPA)

Ramanagarm – Channpatna Urban Development Authority (RCUDA)

Nelamangala planning Authority

Magadi local planning Authority

Kanakapura local planning Authority

Bangalore Mysore Infrastructure corridor planning Authority (BMICPA)

Each designing authority encompasses a such that jurisdiction. The jurisdiction of the BDA contains the world beneath the BCC, close town municipal and city municipal councils and village panchayats. All applications is also self-addressed to the Commissioner, metropolis Development Authority, Kumara park, metropolis -20.

The workplace of the BMRDA is found at the LRDE building, Ali Askar Road, Bangalore, and has its jurisdiction on metropolis urban and rural districts and Malur taluk within the Kolar district, except the areas coated beneath the BDA, BIAPA and alternative native designing authorities.BIAPA additionally has its workplace at the LRDE building, Ali Askar Road, Opposite to Palace Guttahalli, metropolis – fifty two, and has its jurisdiction over the planned new airfield and its geographical region.  BMICPA encompasses a jurisdiction over the little space of concerning sixty five sq.kms comprising the Bangalore-Mysore lay to rest passageway space.

Other designing areas referred on top of have a jurisdiction over various cities and geographical region.Planning areas beneath the BMRDA is incredibly immense, however infrastructure out there within the BMRDA isn't enough for quick disposal of approvals, inflicting a lot of delay. In alternative cases, not referred on top of, the various urban development authorities just like the Shimoga Urban Development Authority, the Bellary Urban Development Authority etc., have the jurisdiction to approve the formation of layouts, if the lands are settled in their geographical jurisdiction. There are twenty seven urban development authorities within the State.

Apart from these urban designing authorities, if land is settled within the areas beneath alternative designing authorities, the applications have to be compelled to be stated the Member Secretary of the involved designing authority. There are forty two designing authorities within the state. If properties are placed outside the jurisdiction of the BDA, BMRDA, BIAPA, BMICPA, urban development authorities and also the Member Secretary designing Authority, applications have to be compelled to be submitted to the Assistant Director, urban planning.

Any development activity needs to be approved by these designing authorities as per the provisions of the assorted laws and also the native bodies don't have any authority to grant such permissions.

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