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LET BDA STOP MAKING LAYOUTS CONCENTRATE ON ONLY PLANNING AND INFRASTRUCTURES

 
 
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LET BDA STOP MAKING LAYOUTS CONCENTRATE ON ONLY PLANNING AND INFRASTRUCTURES
by System Administrator - Friday, 28 August 2015, 2:50 AM
 

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: Reportedly BDA is all set to invite applications for site allotments in the coming weeks and has recently finalised the plot prices.You need to Digest this: A 30 X 40 site will cost Rs 24 lakh plus registration; a 2,400 sq ft (60 X 40 feet) is Rs 54 lakh; and (hold on!) the 50 X 80 site will come for Rs one crore. Gone are the days when BDA sold sites for Rs 195 and Rs 225 per sq ft and when no Tom, Dick or Harry gave a second thought to apply for one. This is evident from what is happening at the Nadaprabhu Kempegowda Layout which is being developed between Mysore and Magadi roads in the NICE road circuit.Now time has come that BDA should truly function as Plannaing authority and do only infrastructure projects instead of layout making and layout making and grup housing should to left to private sectors .If at all government want to do the projects it should give free sites and free houses to poor. Instead of making layout it can make money in approving layout and private builders are capable of selling the sites less than the BDA and market rates.

The blueprint for several residential layouts in the city has been drawn. However, every layout or subdivision of land within the local planning area of the planning authority needs prior approval from the planning authority as per the KTCP Act. The Bangalore Development Authority is the planning authority for the Bangalore Metropolitan Area covering about 1,306 sq km.    The procedure for approval of private layouts for residential use under the purview of the local planning area of BDA has been outlined below:     Any person who wishes to develop a layout within the local planning area of BDA has to apply in the prescribed format enclosing all the relevant documents such as ownership documents (sale deed, RTC, mutation extract etc), atlas/tippan, khata extract, latest tax paid certificate, encumbrance certificate etc. along with a no objection certificate from KSPCB, BWSSB and BESCOM.    The documents are verified and the land use of the area is checked in the CDP/Master Plan. The application is considered only if the land use is legally permissible, or in cases of violation, it is rejected. Site inspection is carried out to check the topography of land, land features, surrounding developments, road access etc.The draft layout plan is scrutinised as per the Zonal Regulations. The Draft Plan should conform to the provisions of the Zonal Regulations, that is, maximum 50 percent of area for residential which has now been increased to 55 percent as per the recent government order, minimum 15 percent of area for parks and the rest for roads and CA sites, overall circulation pattern and CDP/Master Plan.     The subject is placed before the BDA Committee for approval. The Committee has the powers to approve or reject the subject based on its merits within prescribed norms. If the subject is approved, as per the meeting resolution the applicant is asked to remit prevailing layout approval charges specified by the BDA.    After the payment is made, the applicant has to relinquish the park, CA area and roads to the BDA as per the Draft Layout Plan. After relinquishment of these areas, work order, sanctioned layout plan and release order for 60 percent of sites is issued to the applicant. After the layout is fully executed with civic facilities such as water, electricity, drains, roads etc., the remaining 40 percent of sites are released. If the applicant fails to execute or develop the layout within five years, the authority has the powers to execute the works on its own and allot the remaining 40 percent sites. Prevailing layout approval charges Supervision charges: Rs 65,700 per acre Betterment fee: Rs 20 per sq mt Scrutiny fee: Rs 0.5 per sq mt Slum improvement cess: Rs 25,000 per hectare. LAND ACQUISITION BY BDA ONLY FOR DESIGNATED PURPOSES IN CDP IS VALID UNDER KTCP ACT

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 should be involved only with developmental scheme and infrastructure 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 hectare.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. People have stared questioning BDA commissioner to act as per KTCP Act 1961 as BDA Act 1976 adopted it under section 67 of the per BDA Act 1976. As per KTCP Act BDA has only power to acquire land for infrastructure development of Bangalore and it should have prepared the CDP as per KTCP Act and only prepared development schemes or town planning schemes as per law . It is publicly stated that BDA should to stop exhibiting the style of functioning in a dictatorial manner either without understanding the statutory provisions, law laid down in a catena of decisions, violating rule of law or in utter ignorance of law. BDA cannot exercised powers illegally, arbitrarily and discriminately giving a go-bye to all norms, guidelines and principles required to be scrupulously followed for taking possession of the acquired property, formation open spaces ,roads ,streets parks pleasure or recreation grounds parking spaces.BDA is not a real estate agency to buy and sell the sites and land and make Layouts. BDA has committed crimes against farmers of Bangalore by blatantly violating KTCP Act 1961.Under section 67 of the per BDA Act 1976 which amends KTCP Act by substituting section 2 (i) (a) (7) as BDA and Section 81-B of KTCP Act 1961 The BDA is planning authority and can acquire lands only under KTCP Act and not under BDA Act.BDA Deputy Commissioner land acquisition stood divested of his power under Section 17 AND 19of theBDAAct in BDA planning area land acquisition has to be done by town planning officer designated under town planning Act and not under BDA Act . In view of the CDP and Sections 12 and 14 and 24 and 69 and 76M of the Planning Act or KCTP Act 1961 , on and after 18-10-1984 the Deputy Commissioner, Bangalore, DC land acquisition has had no power or authority to deal any land acquisition for land lying within the area of the CDP and as acquisition can done only for designated purposes under section 12 (b) (c) (d) of of sub section (1 ) KTCP Act 1961 that power vested with the Town planning officer of Planning Authority .