People
are aware of the existence of BDA because of its allotment of sites, but not
aware of BMRDA, which is an equally important institution which has powers to
approve layout building plans. BMRDA is formed under BMRDA Act to provide for
the establishment of an authority for the purpose of planning, co-ordinating
and supervising the proper and orderly development of the areas within the
Bangalore Metropolitan Region and to provide for matters connected therewith.
1. To carry out a survey of the Bangalore
Metropolitan Region and prepare reports on the surveys so carried out.
2. To prepare a structure plan for the development
of the Bangalore Metropolitan Region.
3. To cause to be carried out such works as are
contemplated in the structure plan.
4. To formulate as many schemes as are necessary
for implementing the structure plan of the Bangalore Metropolitan Region.
5. To secure and co-ordinate execute of the town
planning scheme and the development of the Bangalore Metropolitan Region in
accordance with the said schemes.
6. To raise finance for any project or scheme for
the development of the Bangalore Metropolitan Region and to extend assistance
to the local authorities in the Region for the execution of such project or
scheme.
7. To do such other acts and things as may be
entrusted by the Government or as may be necessary for, or incidental or
conducive to, any matters which are necessary for furtherance of the objects
for which the Authority is constituted.
8. To entrust to any local authority the work of
execution of any development plan or town planning scheme.
9. To Co-ordinate the activities of the Bangalore
Development Authority, the Corporation of the city of Bangalore, the Bangalore
Water Supply and Sewerage Board, the Karnataka Slum Clearance Board, the
Karnataka Electricity Board, the Karnataka Industrial Areas Development Board,
the Karnataka State Road Transport Corporation and such other bodies as are
connected with development activities in the Bangalore Metropolitan Region.
1. Notwithstanding anything contained in any law
for the time being in force, except with the previous permission of the
Authority, no authority or person shall undertake any development within the
Bangalore Metropolitan Region of the types as the Authority may from time to
time specify, by notification published in the official Gazette.
2. No local authority shall grant permission for
any development referred to in sub-section(1), within the Bangalore
Metropolitan Region, unless the Authority has granted permission for such
development.
3. Any authority or person desiring to undertake
development referred to in sub-section (1) shall apply in writing to the
Authority for permission to undertake such development.
4. The authority shall, after making such inquiry
as it deems necessary grant such permission without any conditions or with such
conditions as it may deem fir to impose or refuse to grant such permission.
5. Any authority or person aggrieved by the
decision of the Authority under sub-section (4) may, within thirty days form
the date of the decision appeal against such decision to the State Government,
whose decision thereon shall be final: Provided that, where the aggrieved
authority submitting such appeal is under the administrative control of the
central Government, the appeal shall be decided by the state government, after
consultation with the Central Government.
6. In case any person or authority does anything
contrary to the decision given under sub-section (4) as modified in sub-section
(5) the Authority shall have power to pull down, demolish or remove any
development undertaken contrary to such decision and recover the cost of such
pulling down, demolition or removal from the person or authority concerned.
Generally developers will
overwhelm the public with dream offers, colourful literature, attractive prices
and incredible incentives. With persuasive charm they will convince that buying
plot is the bargain of your lifetime, a chance not to be missed. But be on your
guard, Make absolutely sure that your developer has the approval of the
appropriate authorities. Unapproved Layouts could cause you problems. You could
land in difficulties with the Authorities as your layout does not fulfil legal
requirements of the Land Revenue Act, the Land Reforms Act, the Town and
Country Planning Act and BMRDA Act. You will also be liable to pay various
statutory fees and levies which have not been paid by the developer. Unauthorized
layouts are often without basic amenities and do not conform to Town planning
requirements. They may lack proper roads and open spaces which should be about
50% of the total area, as stipulated by the law. Such layouts will prove to be
inconvenient in the long run and have little resale value.
1. The Bangalore Metropolitan Region Development Authority (BMRDA) –
for Bangalore Urban and Rural Districts and Malur Taluk of Kolar District
excluding the areas covered by BDA, BIAPPA and other LPA’s.
2. The Bangalore International Airport Area Planning Authority (BIAAPA)
– for its local planning area which includes the area of proposed new airport
and its environs.
3. The Ramanagaram – Channapatna Urban Development Authority (RCUDA) –
for Ramanagaram – Channapatna Local Planning Area.
4. Nelamangala Local Planning Authority – for Nelamangala Town &
its environs.
5. Magadi Local Planning Authority – For Magadi Town & its
environs.
6. Kanakapura Local Planning Authority – LPA of
Kanakapura.
7. Anekal Local Planning Authority – LPA of
Anekal.
8. Bangalore Mysore Infrastructure Corridor Area
Planning Authority (BMICAPA).
1. The Authoirty, may, in order to carry out the
development plans and schemes formulated under section 9 or any town planning
scheme may issue direction to the Bangalore Development Authority, Bangalore
Water Supply and Sewerage Board, Karnataka Power Transmission Corporation and
such other bodies as are connected with developmental activities in the
Bangalore Metropolitan Region. The directions issued by the Authority shall
prevail over any directions issued by the Bangalore Development Authority under
section 53 of the Bangalore Development Authority Act 1976 (Karnataka Act 12 of
1976).
2. Notwithstanding anything contained in any other
law for the time being in force, every such direction shall be complied with by
the body to whom it is issued. On failure, it shall be competent for the
Authority to take necessary action to carry out the directions issued under
sub-section (1) and recover expenses, if any, incurred therefor from the body
concerned.
3. Any dispute which arises between the Authority
and the Boards or other bodies referred to in sub-section (1) in respect of the
directions issued to them shall be determined by the State Government whose
decision shall be final.
Whoever
contravenes any of the Provisions of this Act or of any rule, regulation, or
byelaw or scheme made or sanctioned thereunder shall be punishable with
imprisonment for a term which may extend to one year or with fine which may
extend to ten thousand rupees or with both and in the case of continuing
contravention, with additional imprisonment for a term which may extend to one
month or with fine which may extend to five hundred rupees or with both for
each day after the first during which the contravention continues.
1. if the person committing an offence under this
Act is a company, every person who at the time the offence was committed was in
charge of and responsible to the company for the conduct of its business as
well as the company, shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly. Provided that nothing
contained in this sub-section shall render any such person liable to any
punishment provided in this Act if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to prevent the commission
of such offence.
2. Notwithstanding anything contained in
sub-section (1) where an offence under this Act has been committed by a company
and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of any director,
manager, secretary or other officer of the company, such director, manager,
secretary or other officer shall be liable to be proceeded against and punished
accordingly.
The
provisions of this Act shall have effect notwithstanding anything inconsistent
therewith contained in any other law for the time being in force.
The
area covered under BMRDA is very vast but suffers from acute shortage of staff
and other infrastructure, which results in abnormal delay in approvals.
(Source - BMRDA)
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