Latest news with #KarnatakaMunicipalCorporationsAct
Hindustan Times
5 days ago
- Business
- Hindustan Times
What Karnataka's move to exempt small plots from Occupancy Certificates means for Bengaluru's real estate market
In a move that could reshape building compliance norms across Karnataka, the state's Urban Development Department (UDD) has proposed exempting residential buildings constructed on plots measuring up to 1,200 square feet from the mandatory requirement of obtaining Occupancy Certificates (OCs). In a move that could reshape building compliance norms across Karnataka, the state's Urban Development Department (UDD) has proposed exempting residential buildings constructed on plots measuring up to 1,200 square feet from the mandatory requirement of obtaining OCs. (Representational Image)(Souptik Datta ) "Buildings up to ground + 2 floors or stilt + 3 floors on plots exceeding 1200 sq ft may be exempted from obtaining occupancy certificate (OC)," the proposal signed by Tushar Giri Nath, additional chief secretary at UDD and accessed by showed. The meeting, chaired by Giri Nath, recommended amendments to key legislations, including the Greater Bengaluru Governance Act, 2024, the Karnataka Municipal Corporations Act, 1976, and the model building regulations under the Rural Development and Panchayat Raj Department. The proposal to waive OCs for buildings under 1,200 sq ft has sparked a mix of relief and concern among builders, homeowners, and urban planners. While the exemption could ease regulatory burdens on thousands of small property owners, especially in Bengaluru's dense and unplanned neighbourhood, experts fear it may open the floodgates to unsafe, unregulated construction and further strain the city's fragile infrastructure. Also Read: Karnataka Cabinet approves regularisation of B-Khata properties in Bengaluru. Here's what it means for property owners What the proposed exemption means Occupancy Certificates are currently required to ensure a completed building adheres to approved plans, municipal by-laws, and safety norms. Without an OC, a property is technically unfit for occupation and is ineligible for utilities such as water and electricity from government agencies. However, many smaller buildings in Bengaluru and other urban areas are constructed informally, often without OCs, Dhananjaya Padmanabhachar, director of the Karnataka Home Buyers Forum, pointed out. If approved, the exemption would essentially legalise properties, at least those on plots under 1,200 sq ft, offering relief to homeowners who struggle with compliance or whose builders failed to secure the necessary approvals. The move could also reduce red tape for first-time homebuyers or those constructing budget homes, experts say. Also Read: Good news for tenants: Rents may stabilise in 2025 as new supply and infra improve connectivity to peripheral locations Bengaluru needs better real estate regulation, say experts 'If you go to any locality in Bengaluru today, you will find that most buildings have some form of violation; they've deviated from the sanctioned plan in one way or another,' said Padmanabhachar, an expert familiar with the matter. 'As per the Supreme Court's directives, it is the responsibility of the city corporation to regulate and take action against such violations. But under the new amendment, individuals will be allowed to construct on plots below 1,200 sq ft without an occupancy certificate, and the corporation will no longer be held accountable for any deviations.' He cautioned that this could open the door to widespread misuse. 'Instead of enforcing stricter zoning regulations and ensuring planned development, this move may actually encourage more illegal constructions,' he said, pointing out that builders may exploit the exemption to erect ground-plus-two floor structures without adhering to any formal approval norms. 'This move will almost certainly lead to a rise in illegal constructions,' said Vittal BR, an advocate at the Karnataka High Court. 'People will get one sanctioned plan on paper and construct something entirely different in reality, knowing that no occupancy certificate will be required to validate it later.' He said that the exemption could trigger a rush of new construction in smaller plots across the city. 'More and more people will start building on small sites because there's no OC needed. It becomes extremely difficult for authorities to monitor or control these developments, especially when deviations from the approved plan go unchecked. In the long run, it might impact the city's planning and safety standards.'
Time of India
20-07-2025
- Time of India
Clerical error: 15-yr-old wins legal battle
Bengaluru: For 15-year-old Anushka Kulkarni, a routine admission process for Class 10 led to a legal battle to correct a clerical error in official records. The mistake — listing her mother's name as 'Jayashree' instead of 'Yankamma' — had gone unnoticed for years, quietly embedded in her birth certificate and school documents. When authorities refused to amend the records without a court order, the family went to court. On July 5, the VI Additional City Civil and Sessions Court in Bengaluru ruled in Anushka's favour. The court directed BBMP, education department, and her school, VLS Vidyasagar in Kamakshipalya, to correct the name in all official documents. Anushka, currently a Class 9 student, first discovered the discrepancy in May 2025 while applying for Class 10 admission. Although her birth was registered with the BBMP in March 2010 and the certificate issued in Feb 2014, it carried the wrong name of her mother. That error was then replicated in her school records. You Can Also Check: Bengaluru AQI | Weather in Bengaluru | Bank Holidays in Bengaluru | Public Holidays in Bengaluru Her parents, Prahalad Rao and Yankamma, said they were unaware of the mistake until recently. When they approached BBMP, the Block Education Officer (BEO), and the school to correct it, officials insisted that a civil court order was necessary, which is the procedure. On Feb 20, the family sent legal notices to all concerned departments. After receiving no response, they filed a civil suit on March 11, 2025. In court, the defendants — including the secretary, education department, the BEO, BBMP commissioner, and the school headmaster — argued that the records were based on information provided by the family at the time of registration. They also claimed that the suit was barred by limitation since the error had existed for 15 years. The BBMP added that the case should be dismissed for failing to meet procedural conditions under the Karnataka Municipal Corporations Act and the Civil Procedure Code. However, the court rejected all objections. Judge Ganapati Gurusidda Badami held that the parents became aware of the error only in May 2025 during the Class 10 admission process, making that the "date of knowledge" for limitation purposes. The court also noted that the plaintiff had issued proper legal notices to all defendants and had sufficient proof of the mother's correct name. Documents such as the mother's SSLC marks card from 2002, PAN card, and Aadhaar card all listed her as 'Yankamma'. In his order, the judge stated: "Plaintiff has proved that her mother's name is Yankamma and it is wrongly mentioned as Jayashree in the birth certificate." The court described the mistake as clerical and unintentional and said the child should not suffer for it. The court decreed a mandatory injunction, requiring the BBMP, the education department, and the school to update the mother's name in both the birth certificate and Anushka's academic records.
The Hindu
16-07-2025
- Business
- The Hindu
Proposal to make OC mandatory for buildings on plots beyond 1200 sq. ft
In what comes as a relief from the logjam created by the implementation of the December 2024 Supreme Court order, which mandated an occupancy certificate (OC) for getting utility connections, concerned departments have now decided to propose to the Cabinet to bring in amendments to multiple laws of the State and notify rules to mandate OC for only buildings built on plots above 1200 sq. ft (30X40 ft) across the State. This essentially means all buildings built on sites larger than 30X40 feet will have to take an OC, henceforth, which was not the case earlier in Bengaluru. Following the implementation of the Supreme Court, over 1 lakh applications seeking new power connections have been pending in the Bescom area alone, for want of an OC. Deputy Chief Minister and Bengaluru Development Minister D.K. Shivakumar and Energy Minister K.J. George had said that the State government would soon introduce amendments to resolve the impasse. 'The problem was that, in none of our governing acts are there clear exemptions to any buildings from OC. However, in practice, since the utility service providers were also not insisting on it, our urban local bodies were not issuing OCs to all buildings, but insisted on it only for bigger buildings. Legally, it has been a grey area. It is impractical to insist on OCs in all buildings, so there needs to be amendments to our laws to clarify which buildings are exempted,' said a senior official. The Urban Development Department (UDD) and Panchayat Raj Department met with other stakeholders on July 11, minutes of which are available with The Hindu. In the meeting, Bruhat Bengaluru Mahanagara Palike (BBMP) suggested that buildings built on plots up to 1200 sqft (ground + 2 floors or stilt +3 floors) can be exempted from obtaining OCs. The Panchayat Raj Department also concurred with the same exemption. Neither the Karnataka Municipal Corporations Act, 1976, nor the Karnataka Municipalities Act, 1964, has any provision for exemption for any buildings from availing an OC. The meeting has decided to propose amendments to these laws to bring this change. Meanwhile, Section 241(7) of the Greater Bengaluru Governance Act, 2024 says: 'Government may notify the category of building which shall be exempted from obtaining occupancy certificate'. The meeting decided to notify of the exemption for buildings built on plots up to 1200 sq. ft. The Rural Development and Panchayat Raj Department will also adopt the same exemption in its Model Building Byelaws.
Indian Express
16-07-2025
- Politics
- Indian Express
Citizens' forum moves Karnataka High Court seeking stay on formation of Greater Bengaluru Authority
As the state government goes ahead with its plans to split Bruhat Bengaluru Mahanagara Palike (BBMP) into multiple corporations, Citizens' Action Forum (CAF), a group of people and civil society leaders, has filed a Public Interest Litigation (PIL) before the Karnataka High Court seeking a stay on several sections of the Greater Bengaluru Governance Act 2024 and declaring them as unconstitutional, arbitrary, and unreasonable. The PIL seeks to strike down the establishment of the Greater Bengaluru Authority (GBA), its composition, powers, and functions, including urban planning, infrastructure development, and coordination of local bodies. The GBA can issue directives, acquire land, manage funds, and delegate powers to municipal corporations, which are also tasked with managing public markets, collecting taxes, and forming ward committees for local governance. The petition challenges sections 9, 10, 13, 14, 15, 85, 95, 96, 100(2)(iv), 101, 103(4), 129(2), 130, 137(2), 145, and 249 of the Greater Bengaluru Governance Act, which was notified by the state government on April 24. The PIL also contests provisions allowing the GBA to borrow funds, prepare budgets, and undergo audits, as well as the state government's rule-making powers and the repeal of conflicting laws such as the Karnataka Municipal Corporations Act, 1976. Vijayan Menon, vice-president of CAF, told The Indian Express, 'The Greater Bengaluru Governance Bill, blatantly violates the 74th Constitutional Amendment, which entrusts city governance to municipalities as the third tier of governance. The amendment calls for devolving power to local bodies, but this Bill hands control to the state government and bureaucracy, stripping away local authority. The Greater Bengaluru Authority, set up under the Bill, is dominated by the chief minister and bureaucrats, with elected leaders, including mayors, relegated to a mere 1:5 ratio in representation.' He said the state's role should be oversight, not running the city. 'By marginalizing elected representatives, the Bill undermines the democratic principles meant to empower our municipalities,' he said. The petitioner has requested the court to issue a writ of certiorari or any other appropriate writ to strike down the sections. Additionally, the petitioner has sought an interim stay on the operation of these sections until the final disposal of the case, citing urgency and grounds for interim relief. The petition is set to be listed for a preliminary hearing before the Division Bench of the High Court. Meanwhile, Karnataka Deputy Chief Minister and Bengaluru Development Minister D K Shivakumar said on Tuesday that the new Greater Bengaluru Authority would have five city corporations under it. This comes ahead of a Cabinet meeting on Thursday, where the subject is likely to be discussed, before the new corporations are notified by the government. 'We have formed the GBA. After this, we will definitely form five corporations,' he said in Bengaluru, speaking at a convention of implementation committees for the Congress government's various guarantee schemes. Shivakumar said elections would be held soon for the new bodies. There has been some opposition to dividing BBMP into smaller bodies, but the split is essential to improve administration in the city, he added. Congress MLA Rizwan Arshad, who headed a joint legislature committee on the GBA Act, had said that each of the smaller corporations was likely to have 80 to 100 corporators. Sanath Prasad is a senior sub-editor and reporter with the Bengaluru bureau of Indian Express. He covers education, transport, infrastructure and trends and issues integral to Bengaluru. He holds more than two years of reporting experience in Karnataka. His major works include the impact of Hijab ban on Muslim girls in Karnataka, tracing the lives of the victims of Kerala cannibalism, exploring the trends in dairy market of Karnataka in the aftermath of Amul-Nandini controversy, and Karnataka State Elections among others. If he is not writing, he keeps himself engaged with badminton, swimming, and loves exploring. ... Read More
Time of India
12-07-2025
- Politics
- Time of India
Whistleblowers hint at legal fight against BCC mayor
Pic: RTI and social activists Sujit Mulgund and Rajeev Topannavar, along with HC lawyer Nitin Bolabandi spoke at a press conference on Saturday Belagavi: RTI and social activists Sujit Mulgund and Rajeev Topannavar, along with high court lawyer Nitin Bolabandi, have demanded that Belagavi City Corporation (BCC) mayor Mangesh Pawar and corporator Jayant Jadhav, who were disqualified over allegations of violating office of profit norms, should resign immediately. Senior officials, including the Belagavi City Corporation Commissioner, should take legal action in this regard. If the govt continues to be negligent, they will take to the streets and fight, along with intensifying the legal battle. Speaking to the media on Saturday, the social activists said they obtained information about the Belagavi mayor and corporator through RTI. It has come to light that they gave false information while submitting their asset details. This is a serious violation of Section 19 of the Karnataka Municipal Corporations Act, 1976, by corporators. According to Section 19, it is mandatory for every corporator to file annual declarations of assets and liabilities not only for themselves but also for their spouse and dependent family members. Failure to do so, or filing a false or incomplete declaration, will automatically result in dismissal from office. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Upto 15% Discount for Salaried Individuals ICICI Pru Life Insurance Plan Get Quote Undo Sub-section (1) of Section 19 mandates that every councillor shall file with the mayor of the corporation a declaration of all assets owned by them and their family members. This must be done within a month of assuming office after election. Sub-section (2) causes automatic cessation of councillorship should they fail to file such a declaration or if the one filed is false or incorrect. Sub-section (3) provides that if any question as to the cessation of councillorship should arise, the same shall be finally decided by the govt on a reference being made by the corporation. Obviously, this provision has been enacted to bring probity and transparency to political functionaries in local bodies. "On what basis are disqualified city employees allowed to hold office and exercise power? According to the Karnataka Municipal Act, they cannot even vote. This would be a crime. Elected representatives who hide assets cannot continue in office. We demand immediate verification of asset declarations and strict enforcement of the law. We will pursue legal remedies if the corporation fails to take action," the activists said.
