Friday, August 7, 2015

FUNCTIONS OF BMRDA


People are aware of the existence of BDA because of its allotment of sites, but not aware of Bangalore Metropolitan Region Development Authority, which is an equally important institution which has powers to approve layout and building plans. BMRDA was formed under BMRDA Act, 1985 to provide for the establishment of an authority for the purpose of planning, coordinating and supervising the proper and orderly development of the areas within the Bangalore Metropolitan Region and to provide for matters connected therewith.
Powers and Functions of BMRDA

1. Perform survey of the Bangalore Metropolitan Region and prepare reports on those surveys.

2. Prepare 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. Formulate as many schemes as are necessary for implementing the structure plan of the Bangalore Metropolitan Region.

5. Secure, co-ordinate and execute the town planning scheme and the development of the Bangalore Metropolitan Region in accordance with the said schemes.

6.   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 execution of such project or schemes.

7.   Perform 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.   Entrust to any local authority the work of execution of any development plan or town planning scheme.

9. Co-ordinate the activities of the Bangalore Development Authority, BBMP, 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.

Permissions Required for Development Activities

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) of sec. 10, within the Bangalore Metropolitan Region, unless the Authority has granted permission for such development.

3.   Any authority or person desiring to undertake development referred in sub-section (1) of the said section 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 fit to impose or refuse to grant such permission.

5.   Any authority or person aggrieved by the decision of the Authority under sub-section (4) of sec. 10 may, within thirty days from 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) of sec. 10 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 certain 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 fulfill 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. Unauthorised 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 law. Such layouts will prove to be inconvenient in the long run and have lesser resale value.

The Authorities to approve Layouts

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 LPAs.
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) for such areas as is provided in the Act.

Directions by the Authority

1. The Authority, in order to carry out the development plans and schemes formulated under section 9 or any town planning scheme may issue directions 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). [sec. 18 (1)]

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) of sec. 18 and recover expenses, if any, incurred therefore from the body concerned.
3. Any dispute which arises between the Authority and the Boards or other bodies referred to in sub section (1) of sec. 18 in respect of the directions issued to them shall be determined by the State Government whose decision shall be final.

Penalty for breaching

Whoever contravenes any of the Provisions of this Act or of any rules, regulations, or byelaws or schemes 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 both for each day during which the contravention continues.

Offences by companies

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 and responsible to the company for the conduct of its business and 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) of sec. 21 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 of the company, shall be liable to be proceeded against and punished accordingly.

Act to over-ride other laws

The provisions of this Act shall have over riding effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

The area covered under BMRDA is very vast.

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