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BDA CANNOT ISSUE LAND ACQUISITION NOTIFICATION FOR LAYOUT FORMATION “IT CAN APPROVE PRIVATE LAYOUT”

 
 
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BDA CANNOT ISSUE LAND ACQUISITION NOTIFICATION FOR LAYOUT FORMATION “IT CAN APPROVE PRIVATE LAYOUT”
by System Administrator - Monday, 30 April 2018, 10:35 PM
 

By : M.S.Yatnatti Editor and Video Journalist Bengaluru : Reportedly BDA cannot acquire land Under Section17 of the B.D.A. Act and Section 19 of the B.D.A. Act for 'Layout”as there is no provision in the law .it can acquire only for development scheme or infrastructure projects on self financing basis under the Act and it can only approve private layout under section 32 of BDA Act . Under Section17 of the B.D.A. Act and Section 19 of the B.D.A. Act land acquisition can be made only forDevelopment scheme of infrastructure project like Ring Roads or peripheral roads andFly Over's or Large scale public utility projects or Town planning schemes..Such development scheme require huge funding and funding is arranged on self financing basis using the BDA Act as it states that a statement under Section 17 of the B.D.A. Act specifying the land which is proposed to be acquired and of the land in regard to which a betterment tax may be levied may be seen at all reasonable hours. Bangalore Development Authority (BDA) was constituted on 16 January 1976 under an Act of the State Legislature for development of Bangalore and not demolition of Bangalore. This Authority combined in itself the planning functions of the City Planning Authority and developmental functions of C.I.T.B.

The Bangalore Development Authority is the planning and development Agency for the Bangalore Metropolitan Area. It has to develop outline development plan and comprehensive development plan and accordingly it has develop development scheme or town planning scheme as per BDA Act or KCTP Act .Question of BDA acquiring land for Layout does not arise as it is mandated only to acquire land for development scheme Because in the Act only development scheme is mentioned . The Land Acquisition Division need to works in close liaison with Planning division and the Engineering Division for the purpose of acquiring lands required for executing various developmental schemes. BDA has no mandate for formation of new layouts. The discharge of normal functions is governed under the provisions of BDA Act 1976 and the Karnataka Town and Country Planning Act. Each division is the custodian of records pertaining to the following broad activities, as envisaged under BDA Act 1976. The Town Planning Division is responsible for preparation and revision of the Master Plan like ODP/CDP for Bangalore Metropolitan Area periodically, preparation of Layout Plans, approval of Development Plans for Layouts and Group Housing Schemes and generally assists the Authority in its function as the Planning Authority for Bangalore. It also monitors change of land use in the Metropolitan area. The Engineering Division is primarily concerned with the execution of various developmental schemes forinfrastructural works.

The Bangalore Development Authority performs planning and development functions:Commissioner, BDA is the chief executive and administrative officer of the Organisation under Sec 13 of BDA Act. Commissioner can delegate his powers to his subordinate officers under sub-section-1 of the Act. Commissioner is assisted in discharge of his functions by Town Planner Member, Deputy Commissioner, Secretary, Engineer Member, Superintendent of Police, Finance Member, Conservator of Forests, Public Relations Officer, Horticulture Officer, Law Officer, and Deputy Secretaries, who will further be assisted by the lower category of employees. The BDA has to perform its function under Karnataka Town & Country Planning Act, 1961 and Bangalore Development Authority Rules, 1976.The Bangalore Development Authority is designated as the Planning Authority under the Karnataka Town and Country Planning Act, 1961. The planning functions in brief involve the : * Preparation of development plan for Bangalore. * Preparation of Scheme Plans. * Approval of Development Plans for Group Housing and Layouts. * Approval of building plans. * Other statutory functions under KTCP Act. The discharge of normal functions is governed under the provisions of BDA Act 1976 and the Karnataka Town and Country Planning Act. For housing and development of layouts it is entrusted under Karnataka housing Board Act and not for BDA. The KHB and KSCB have played their limited role in solving housing problems.Bangalore's unprecedented growth has led to a situation where the State Government has lost control over the infrastructural necessities, although it is infrastructure that grades the city on its live-ability and status.

Clause (a) of Sub-section (1) of Section 15 of the BDA Act deals with the drawing up of the scheme by the authority for the development of the metropolitan area. Clause (b) of Section 15(1) of the BDA Act, has two parts; the first part deals with the prior approval of the Government for the Authority to undertake from time to time any works for the development of the Bangalore Metropolitan Area and to incur expenditure thereof, whereas the second part deals with the previous approval of the Government to incur expenditure also for framing and execution of the development schemes. This becomes clear, if Clause(b) of Section 15(1) of the BDA Act, is read with Sub-section (2) of Section 15 which empowers the BDA to take any new or additional development schemes, on its own initiative, if satisfied of the sufficiency of its resources. So the emphasis is on the approval to incur expenditure and not with respect to the drawing up of the scheme. The BDA Act prescribes only one sanction/prior approval of the Government under Section 18(3) of the BDA Act. What is required by Section 15 is the administrative. Every 5 years or 10 years BDA revises as per KTCP Act revised schme of development which is officially named as CDP and accordingly for development sheme BDA get statutory authority for acquisition of lands for infrastructure projects or development sheme underSection17 of the B.D.A. Act and Section 19 of the B.D.A. Act and not " Layout ".It is pertinent to note that there is no mention is Section17 of the B.D.A. Act and Section 19 of the B.D.A about " Layout ".Wherefore Section17 of the B.D.A. Act and Section 19 of the B.D.A no aquistion can be made for " Layout ".

In BDA Act there is mention of "Layout” in under section 32 of BDA Act which states that Forming of new extensions or layouts or making new private streets is permitted by BDA. This section indicates that BDA shuld be invloeved only with developmental scheme and ifrasturcture projects and leave Layout making to private owners of land of private developers.BDA itself should not embark on becoming real estate agent or selling sites to public. As per the zoning regulations of the Master Plan (ODP/CDP), the land owner who applies for approval of private layouts is required to reserve 15 per cent as open space i.e. for gardens and parks. After making a provision of 55 per cent for residences, roads and parks, the remaining portion should be earmarked for civic amenities. Such reserved open space and Civic Amenity sites will come to the BDA/local body free of cost and free of encumbrances. This adds to the assets of the BDA/local authority. With this provision, BDA/BBMP should have got up to 20-22 per cent of the 30,000 hectares, amounting to about 6,600 hectares, from the private land owners. The loss to the local body will be about Rs.40,000 crore assuming land value of Rs.6 crore to Rs. 6.5 crore per hectar