The Karnataka town and country planning act

1. THE KARNATAKA
TOWN AND
COUNTRY
PLANNING ACT,
1961.
Guided By – Dr. Vidya Ghuge
Submitted By- Karan Thakkar
MT23UPL011

2. Content
□ Overview
□ The Karnataka Town and Country Planning Act , 1961.
□ Chapter I : Preliminary
□ Chapter IA : Local planning areas and planning authorities
□ Chapter II : Present land use
□ Chapter III : Outline development plan
□ Chapter V : Town planning schemes
□ Chapter VI : Town planning officer and his duties
□ Chapter VII : Disputed ownership, preliminary schemes and final scheme, its
sanction and enforcement
□ Chapter IX : Land acquisition
□ Amendment Bill 2021
□ Conclusion
□ Key learnings

3. Overview
□ The Act was enacted in 1961 to regulate the planned growth of land use and
development in the developing areas of the State of Karnataka.
□ It shall extend to the whole of the State of Karnataka
□ The Act came into force on 15.1.1965 as Karnataka Town and Country Planning
Act Bill, 1961. (President's Act No. 11 of 1963.
□ It empowers the Planning Authority to prepare Master Plan /Town Planning
Schemes for its area of jurisdiction & control the development of city .
□ The Act has 11 chapters including the introductory chapter of short title and the end
chapter of miscellaneous provisions of RTIs, public notices and FAQs

4. CHAPTER I :
KTCP ACT – 13 definitions
▪ 'development' with its grammatical variations, means the carrying out of building, engineering, mining or other
operations in, on, over or under land, or the making of any material change in any building or land, and includes re-
development.
▪ ‘local authority’ means a municipal corporation, municipal council, Town Panchayat or Grama Panchayat ;
▪ “Planning Area’ means any area declared to be or included in a local planning area under this Act;
▪ ‘Planning Authority’ means,
(a) in the case of— (i) the local planning area comprising the City of Bangalore, the Bangalore Development Authority, and; 1.
the Urban Development Authority of urban area defined in the Karnataka Urban Development Authorities Act, 1987 . 2. the
Hampi World Heritage Area Management Authority constituted, under Hampi World Heritage Area Management Authority
Act, 2002
(ii) any other local planning area in respect of which the State Government may deem it expedient to
constitute a separate Planning Authority
(b) in the case of any local planning area in respect of which a Planning Authority is not constituted under this Act, the Town
Improvement Board constituted under any law for the time being in force having jurisdiction over such local planning area, and
where there is no such Town Improvement Board, the local authority having jurisdiction over such local planning area;
▪ “Scheme” includes a plan relating to a town planning scheme;
▪ “reconstituted plot” means a plot which is in any way altered by the making of a town planning scheme;

5. CHAPTER I :
▪ Development - MRTP act has similar definition with addition of : change in use of any building or land, and includes
demolition of any existing building, structure or erection or part of such building, structure of erection, and reclamation, sub-
division of any land.
▪ local authority ” means— (a) Municipal corporation constituted under the Bombay Provincial Municipal Corporations Act,
1949, (b) a Council and a Nagar Panchayat constituted under the Maharashtra Municipal Councils, Nagar Panchayats and
Industrial Townships Act, 1965
▪ Planning Authority ” means a local authority; and shall includes,—
(a)a Special Planning Authority constituted or appointed or deemed to have been appointed; and
(a) in respect of the slum rehabilitation area declared under Maharashtra Slum Areas (Improvement, Clearance and
Redevelopment) Act, 1971, the Slum Rehabilitation Authority appointed
• Other definitions – development authority, reginal planning board, undeveloped areas, arbitrator, etc.
MRTP ACT - 36 definitions

6. CHAPTER IA : LOCAL PLANNING AREAS AND PLANNING
KTCP ACT -
❑ SECTION 3. Appointment of Director of Town Planning.—
o The State Government shall appoint a person, having the prescribed qualifications as Director of Town-Planning for
the State and may assign to him such salary and establishment as it thinks fit.
o The cost of such appointment and his establishment shall be paid out of the revenues of the State.
❑ SECTION 4. State Town-Planning Board.—
The State Government may constitute a State Town-Planning Board for the State with such members for advising the
State Government regarding planning and development and for determining principles and policies for achieving the
balanced development of the State as a whole.
❑ 4A. Declaration of Local Planning Areas, their amalgamation, SubDivision, inclusion of any area in a
Local Planning Area.—
(1) The State Government may by notification declare any area in the State to be a Local Planning Area for the
purposes of this Act or include within such local planning area, any area adjacent thereto.
(2) no military cantonment or part of a military cantonment shall be included in any such area.
(3) The State Government may, after consultation with the Board, amalgamate two or more planning areas into one local
planning area,
(4) subdivide a local planning area into different local planning areas, and include such divided areas in any other local
planning area.

7. CHAPTER IA : LOCAL PLANNING AREAS AND PLANNING
❑ 4C. Constitution of Planning Authority
o After declaration of a local planning area, the State Government in consultation with the Board, may, by notification
in the official Gazette, constitute for the purposes of the performance of the functions assigned to it, an authority to
be called the “Planning Authority” of that area.
o The Authority will have the power to:
Acquire, Hold & Dispose of property (movable and immovable)
o Members of the Authority:
(i) a Chairman appointed by the State Government;
(ii) a Town Planning Officer appointed by the State Government, who shall be a Member-Secretary to the Planning
Authority;
(iii) representatives of local bodies composed as follows:— (a) a representative nominated by that local authority
and the Chief Executive Officer of that local authority; (b)in the case of a planning area in which two or more local
authorities have jurisdiction, one representative each of such local authorities Provided that, the total number of
such representatives shall not exceed five.
(iv) three other members, appointed by the State Government.

8. CHAPTER IA : LOCAL PLANNING AREAS AND PLANNING
The powers and functions of an Planning Authority-
Planning Authority (as mentioned in section above) Preparation of a map showing present land use
The planning authority to:
▪ Prepare Outline Development Plan prior to the preparation of Master Plan
▪ Carry out the survey as soon as the planning area declares Preparation of Master Plan.
▪ Prepare Town Planning Scheme Implementation of plan , Once the Master Plan is approved by the
State,

9. CHAPTER IA : LOCAL PLANNING AREAS AND PLANNING
MRTP ACT -
❑ SECTION 4 b. Regional Planning Board.—
For the purpose of planning the development and use of land in the Region, the State Government shall, by
notification in the Official Gazette, constitute a Regional Planning Board for the Region consisting of a Chairman
appointed by the State Government; the Director of Town Planning
❑ Section 42c – Area development Authority
After the declaration of a development area under section 42A, the State Government shall, constitute an authority for
such area to be called the Area Development Authority of that development area
❑ Section 42A - Declaration of development area
1) State Government by notification in the Official Gazette, any area in the State to be a development area.
2) The State Government may, by notification in the Official Gazette, amalgamate two or more development areas
into one development area,
3) sub-divide any development area into different development areas and include such sub-divided areas in any
other development area.
4) Exclusion of whole or part of development area from operation of Act.

10. CHAPTER IA : LOCAL PLANNING AREAS AND PLANNING
42C. Constitution of Planning Authority
o Area Development Authority is having power to acquire, hold and dispose of property, both movable and
immovable.
o Area Development Authority shall consists of following members:
Chairman,
Presidents of Zilla Parishads and Chairman of Panchayat Samitis,
Mayors of Municipal Corporations,
Municipal Commissioners of Municipal Corporations
o The State Government may, appoint any agency or authority or any company or corporation instead of Area
Development Authority.

11. CHAPTER IA : LOCAL PLANNING AREAS AND PLANNING
Regional Planning Board to:
▪ carry out a survey of the region, and prepare reports on the surveys so carried
out
▪ prepare an existing‐land‐ use map for the purpose of preparing a Regional Plan;
▪ prepare a Regional plan
Special Planning Authority to:
carry out a survey and prepare an existing land‐use map of the area, and prepare and publish the draft proposals for
the lands
The powers and functions of an Area Development Authority-
▪ To undertake the preparation and execution of town planning schemes.
▪ To carry out surveys in the development area for the preparation of town planning schemes.
▪ To control the development activities in accordance with the development plan and town planning
schemes in the development area.
▪ To levy and collect such scrutiny fees for scrutiny of proposals submitted to the Area Development
Authority

12. CHAPTER III : OUTLINE DEVELOPMENT PLAN
KTCP ACT –
SECTION 9. Preparation of Master Plan. –
1. Every planning authority shall carry out a survey of the area within its jurisdiction and shall, not later than
two years from the date of declaration of the local planning area, prepare and publish in the prescribed manner
a master plan for such area and submit it to the State Government, through the Director, for provisional approval.
2. A Planning Authority, before carrying out a survey of the area under its jurisdiction, for the purpose
of preparing a Master Plan for such area, shall make a declaration of its intention to prepare such plan
3. The planning authority shall publish a notice of such declaration in the Official Gazette and also in one or more local
newspaper in the prescribed manner calling suggestions from the public within a period of sixty days

13. CHAPTER III : OUTLINE DEVELOPMENT PLAN
MRTP ACT –
SECTION 24 - Every Planning Authority shall carry out a survey, prepare an existing land-use map and prepare a
draft Development plan not later than three years for the area within its jurisdiction
• Development plan (Section 21) is prepared within three years, by the Area Development Authority
after declaration of area as a development area.
• A copy of the draft development plan as prepared under Section 21 in respect of any area shall be published
for the inspection by the public.
• The planning authority shall publish a notice of such declaration in the Official Gazette and also in one or
more local newspaper in the prescribed manner calling suggestions from the public within a period of sixty
days
• A draft development plan indicate the use of land also indicate the manner in which the development shall
be carried out
.