The KARNATAKA REGULARISATION OF UNAUTHORISED CONSTRUCTION IN URBAN AREAS ACT, 1991.

THE KARNATAKA REGULARISATION OF UNAUTHORISED 
CONSTRUCTION IN URBAN AREAS ACT, 1991.  
ARRANGEMENT OF SECTIONS  
Statements of Objects and Reasons  
Sections:  
1. Short title and commencement.  
2. Definitions.  
3. Regularisation.  
4. Unauthorised constructions which shall not be regularised.  
5. Conditions for regularisation.  
6. Competent Authority.  
7. Payment of amount and grant of land.  
8. Unauthorised constructions not regularised to be demolished.  
          8A. Revision by the Divisional Commissioner.  
            9. Power to make rules.  
          10. Removal of difficulties.  
          11. NOTIFICATION 
 
* * * * 
STATEMENT OF OBJECTS AND REASONS.  
I  
Act 29 of 1991.- Bangalore Development Authority and other local bodies 
have been finding it difficult in their task of meeting the increasing demand 
for residential sites due to disproportionately high number of unauthorised 
constructions on urban land. The unauthorised constructions which already 
have come up over the years cannot possibly be demolished and any 
wholesale demolition would not only amount to wastage of national wealth 
but may in some amount to wastage of national wealth but may in some 
cases also create law and order problems. Keeping in view the above 
points, it is felt necessary to have a comprehensive legislation for 
regularisation of certain types of un-authorised constructions. 
 
Hence this Bill.  
( Published in the Karnataka Gazette Part IV- 2A (Extraordinary) No. 611 
dated 25-9-1991 at page 79.)  
 2
II  
Amending Act 9 of 1994.- It is considered necessary,-  
(i) to exclude unauthorised constructions used for commercial 
purposes, and unauthorised constructions on the land belonging to the State 
Government and appurtenant to any building belonging to the State 
Government, or unauthorised constructions on land appurtenant to any 
building owned by the Central Govern ment or by any company owned or 
controlled by the State Government or Central Government from the benefit 
of regularisation. 
 
(ii) to extend the time limit from sixty days to three years for making 
an application for regularisation of unauthorised constructions,  
(iii) to give proper representation in the Screening Committee to the 
members of the State Legislature and to the persons belonging to 
Scheduled Castes, Scheduled Tribes and Women, 
 
(iv) to constitute two Screening Committees, one in respect of 
Bangalore District excluding the area within the limits of the Corporation of 
the City of Bangalore, and another Committee in respect of the area within 
the limits of the Corporation of the City of Bangalore.  
(v) to provide for dis-connection of supply of water or electricity to the 
unauthorised constructions which have not been regularised, and  
(vi) to provide for revision by the State Government on the order 
passed or proceeding recorded by the Screening Committees.  
Hence the Bill.  
(Obtained from L.A.Bill No.46 of 1993).  
III  
Amending Act 29 of 1994. - It was considered necessary to amend the 
Karnataka Regularisation of Unauthorised Constructions in Urban Areas 
Act, 1991,- 
 
(i) to extend the period specified in section 3 till 1st October 1994 as 
to facilitate the interested persons to file applications for regularisation;  
(ii) to make the Commissioner of the Municipal Corporation as the 
chairman of the Screening Committee of the District which have municipal 
Corporations. 
 
Hence the Bill.  
(Obtained from L.A. Bill No. 20 of 94 File No.LAW 58 LGN 94)  
 3
IV  
Amending Act 27 of 1995.- It is considered necessary to amend the 
Karnataka Regularisation of Unauthorised Constructions in Urban Areas 
Act, 1991,-  
(i) to provide for regularisation of Unauthorised Constructions made 
upto and inclusive of 1st January 1995; and to extend the date of making an 
application for regularisation from 1st day of October 1994 to 1st day of 
October, 1995. 
 
(ii) to exclude unauthorised construction made on any land which 
belongs or vested in an Authority and which is notified for acquisition under 
Bangalore Development Authority Act, 1976, or under the Karnataka Urban 
Development Authority Act, 1987 or under the Karnataka Improvement 
Boards Act, 1976 from the benefit of regularisation; 
 
(iii) o provide for regularisation of Unauthorised constructions made 
in green belt area declared as such under the Karnataka Land Revenue Act, 
1964; 
 
(iv) to provide for regularisation of unauthorised constructions which 
fall within the required setoff specified in any rules, bye-laws or regulations 
governing buildings; 
 
(v) to provide for regularisation of unauthorised constructions having 
more than two floors;  
(vi) to provide for regularisation of unauthorised constructions used 
for commercial purposes;  
(vii) to provide for regularisation of unauthorised constructions made 
in violation of the Karnataka Parks, Play-fields and Open Spaces 
(Preservation and Regulation) Act, 1985; 
 
(viii) to provide for appointment of competent authority for the 
purpose of the Act, by substituting the provisions relating to the Screening 
Committee; 
 
As the matter was urgent and both the Houses of the Karnataka Legislature 
were not in Session the Karnataka Regularisation of Unauthorised 
Constructions in Urban Areas (Amendment) Ordinance, 1995 was 
promulgated. 
 
Hence the Bill. (Obtained from L.A. Bill No. 23 of 1995)  
 
 4
V 
 
Amending Act 17 of 2007.- In G.O.NO.RD 9 BMM 2003, dated: 
8.9.2005 the posts of Regional Commissioners at Bangalore, Mysore, 
Gulbarga and Belgaum along with supporting staff has been created. 
 The Regional Commissioners have to be conferred with statutory powers 
by necessary amendments to the relevant Acts. 
 Since the matter was urgent and the Karnataka Legislature was not 
in session, the Karnataka Land Revenue and Certain Other Laws 
(Amendment) Ordinance 2006(Karnataka Ordinance No.5 of 2006) was 
promulgated to achieve the above Object.   
Hence the Bill. 
[L.A.Bill No. 7 of 2007] 
[Entry 5 and 18 of List II of the Seventh Schedule to the Constitution of 
India.] 
 
 
* * * *  
 5
 
KARNATAKA ACT NO. 29 OF 1991  
(First published in the Karnataka Gazette Extraordinary on the Eighth day 
of November, 1991)  
THE KARNATAKA REGULARISATION OF UNAUTHORISED 
CONSTRUCTIONS IN URBAN AREAS ACT, 1991.  
(Received the assent of the Governor on the Fourth day of November, 
1991)  
(As amended by Acts 9 of 1994, 29 of 1994, 27 of 1995 and 17 of 2007)  
An Act to provide for regularisation of certain unauthorised constructions 
in urban areas.  
WHEREAS it is expedient to provide for regularisation of certain 
unauthorised constructions in urban areas;  
BE it enacted by the Karnataka State Legislature in the Forty-second 
Year of the Republic of India, as follows:-  
1. Short title and commencement.- (1) This Act may be called the 
Karnataka Regularisation of Unauthorised Constructions in Urban Areas 
Act, 1991.  
(2) It shall come into force on such 1[date]1 as the State Government may, 
by notification, appoint.  
1. Act came into force on 1.8.1992 by notification No. HUD 201 MNJ 92 dt. 28.7.1992  
2. Definitions .- In this Act, unless the context otherwise requires,-  
(1) "Authority" means,-  
(i) the Bangalore Development Authority constituted under the Bangalore 
Development Authority Act, 1976 (Karnataka Act 12 of 1976) ; or  
(ii) an Urban Development Authority constituted under the Karnataka 
Urban Development Authorities Act, 1987 (Karnataka Act 34 of 1987); or  
(iii) an Improvement Board established under the Karnataka 
Improvement Boards Act, 1976 (Karnataka Act 11 of 1976);  
1[(1A) "Competent Authority" means a Competent Authority appointed 
under section 6.]1  
1. Inserted by Act 27 of 1995 w.e.f. 3.6.1995  
(2) "construction" means any permanent structure;  
(3) "family" in relation to a person means an individual, wife or 
husband, as the case may be, of such individual and their unmarried minor 
children; 
 
 6
(4) "permanent structure" means any building whether of masonry, 
bricks, wood, mud, metal or any other materials whatsoever;  
(5) "revenue site'' means a site formed without approval under the 
relevant law relating to town and country planning or the erection of building 
on land which has not been diverted in accordance with section 95 of the 
Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964); 
 
1[(6) x x x]1  
1.Omitted by Act 27 of 1995 w.e.f. 3.6.1995  
(7) "unauthorised construction" means any construction made 
without obtaining a building licence, or after obtaining a building licence 
which is issued in violation of any law relating to town and country planning 
or erection of building; 
1[and includes land appurtenant thereto not 
exceeding maximum extent as may be prescribed.]1  
1. Inserted by Act 9 of 1994 w.e.f. 1.8.1992  
(8) "urban area" means,-  
(i) any area within the limits of a City Municipality or a Town 
Municipality declared under the Karnataka Municipalities Act, 1964 
(Karnataka Act 22 of 1964);  
(ii) any urban area within the limits of an Improvement Board 
established under the Karnataka Improvement Boards Act, 1976 (Karnataka 
Act 11 of 1976); 
 
(iii) the Bangalore Metropolitan area as defined in the Bangalore 
Development Authority Act, 1976 (Karnataka Act 12 of 1976);  
(iv) any urban area as defined in the Karnataka Urban Development 
Authorities Act, 1987 (Karnataka Act 34 of 1987); and  
-includes such other area adjacent to the aforesaid area as the State 
Government may, by notification, specify. 
 
3. Regularisation.- Notwithstanding anything contained in any law, but 
subject to such rules as may be prescribed, any unauthorised construction 
made in any urban area, except those specified in section 4, made prior to 
the 
1[first day of January 1995]1 by any person on land,-  
1.Substituted by Act 27 of 1995 w.e.f. 3.6.1995  
(i) belonging to the State Government or;  
(ii) which is a revenue site owned by him; or  
(iii) belonging to him which is proposed to be acquired in connection 
with any development scheme of any Authority, in relation to which a 
notification under the Bangalore Development Authority Act, 1976, or under 
 7
section 17 of the Karnataka Urban Development Authorities Act, 1987, or 
under section 15 of the Karnataka Improvement Boards Act, 1976 is 
published and which has not yet vested in favour of any Authority for which 
the acquisition is proposed, 
 
-may, on the application of such person made 1[before the thirty first day of 
December 1995] 1 be regularised in accordance with the provisions of this 
Act.  
1.Substituted by Act 27 of 1995 w.e.f. 3.6.1995  
4. Unauthorised constructions which shall not be regularised.- The 
following unauthorised constructions shall not be regularised; namely:-  
(i) unauthorised constructions coming in the way of existing or proposed 
roads 1[including those proposed for widening] 1 and railway lines, 
communications and other civic facilities or public utilities;  
1.Inserted by Act 27 of 1995 w.e.f. 3.6.1995  
1[(ii) x x x]1  
1.Omitted by Act 27 of 1995 w.e.f. 1.8.1992  
(iii) unauthorised constructions made in forest land or on tank bed;  
1[(iv) xxx]1  
1.Omitted by Act 27 of 1995 w.e.f. 1.8.1992  
     (v) unauthorised constructions made by any person on the land 
belonging to another person over which former has no title; 
 
      1[(vi) xxx]1  
1.Omitted by Act 27 of 1995 w.e.f. 1.8.1992  
     (vii) unauthorised constructions made in violation of Urban (Land Ceiling 
and Regulation) Act, 1976 (Central Act 33 of 1976); 
 
    1[(viia) unauthorised constructions on land belonging to the State 
Government and appurtenant to any building belonging to the State 
Government;  
1. Sub-section (viia to viic) inserted by Act 9 of 1994 w.e.f. 1.8.1992  
      1[(viib) unauthorised constructions on land belonging to the Central 
Government]1  
1.Substituted by Act 27 of 1995 w.e.f. 1.8.1992  
     (viic) unauthorised constructions on land appurtenant to any building 
owned by the Central Government or by an company owned or controlled by 
the State Government or Central Government]
1  
 8
        (viii) unauthorised constructions made on the land belonging to or 
vested in any Authority or a local authority; and  
         (ix) unauthorised constructions on any land reserved for parks, play 
grounds, open places or for providing any civic amenities. 
 
5. Conditions for regularisation.- (1) No unauthorised construction shall be 
regularised if the person who has applied for regularisation or any member 
of his family owns any building or site within the urban area in which the 
unauthorised construction sought to be regularised is situated. 
 
(2) No person shall be eligible to seek regularisation of more than one 
unauthorised construction either in his name or in the name of any member 
of his family. 
 
1[6. Competent Authority .- (1) For the purpose of regularisation of 
unauthorised constructions, the State Government may by notification 
appoint an officer not below the rank of a K.A.S. Group-A Senior Scale 
officer to be a Competent Authority for such area or areas as may be 
specified by it, and two or more Competent Authorities may be appointed in 
respect of the same areas.
.  
(2) The Competent Authority shall, scrutinise the application received 
under section 3, and after holding an enquiry in accordance with such rules 
as may be prescribed and subject to payment being made according to the 
provisions hereinafter contained, make a provisional order of regularisation 
of unauthorised constructions, and where such construction is situated on 
the land belonging to the State Government, may, for the purpose of 
regularising the construction also make a provisional order for grant of the 
appurtenant land included in the said construction, subject to such 
maximum extent that a may be prescribed. 
 
(3) Burden of proving that an unauthorised construction was made prior 
to the first day of January, 1995 shall lie on the applicant who seeks 
regularisation of such unauthorised construction.]1  
1.Substituted by Act 27 of 1995 w.e.f. 3.6.1995  
7. Payment of amount and grant of land .- (1) Within two months from the 
date of receipt of 1[a provisional order of regularisation] 1 from the 
2[Competent Authority]2 the person in whose favour such order is made, shall 
pay the amount as may be prescribed. Different amount may be prescribed 
in respect of different urban areas or class or classes of persons. 
 
1. Substituted by Act 9 of 1994 w.e.f. 1.8.1992  
2. Substituted by Act 27 of 1995 w.e.f. 3.6.1995  
 
 9
(2) On payment being made in accordance with sub-section (1),-  
(i) in the case of land belonging to the State Government the 
1[Competent Authority shall make a final order] 1 granting the land of which 
2[provisional regularisation has been ordered] 2 and on such grant the 
grantee shall be eligible to get a sale deed executed for such land in his 
name at his cost and thereupon, the unauthorised construction situate 
therein 
2[shall be regularised]2;  
1. Substituted by Act 27 of 1995 w.e.f. 3.6.1995  
2. Substituted by Act 9 of 1994 w.e.f. 1.8.1992  
(ii) in cases not falling under clause (i), the unauthorised construction 
1[shall be regularised]1.  
1. Substituted by Act 9 of 1994 w.e.f. 1.8.1992  
8. Unauthorised constructions not regularised to be demolished.- All 
unauthorised constructions which are not regularised under this Act shall be 
liable for demolition and 
1[the supply of water or electricity shall be liable to 
be disconnected without notice and] 1 the persons who have made such 
constructions shall be liable to be evicted summarily in accordance with the 
relevant law. 
 
1. Substituted by Act 9 of 1994 w.e.f. 1.8.1992  
1[8A. Revision by the 2[Regional Commissioner] 2.- The 2[Regional 
Commissioner]2 may, on its own motion or on the application of any person 
at any time call for and examine the order passed or proceeding recorded 
by the competent authority for the purpose of satisfying himself as to the 
legality or propriety of the order or the regularity of such proceeding and 
may pass such order with respect thereto as he may deem fit: 
 
Provided that no such order shall be made except after giving the person 
affected a reasonable opportunity of being heard.]1  
1. Substituted by Act 27 of 1995 w.e.f. 3.6.1995. 
2.    Substituted by Act 17 of 2007 w.e.f. 5.1.2007. 
9. Power to make rules .- (1) The State Government may, by notification, 
after previous publication make rules for the purpose of carrying into effect 
the provisions of this Act. 
 
(2) In particular, and without prejudice to the generality of the foregoing 
provisions, such rules may provide for,-  
(a) manner of enquiry to be held under 1[sub-section (2)]1 of section 6;  
1. Substituted by Act 27 of 1995 w.e.f. 3.6.1995  
1[(b) the powers and duties of the 2[Competent Authority]2;  
 10
1. Clause (b) to (d) inserted by Act 9 of 1994 w.e.f. 1.8.1992  
2. Substituted by Act 27 of 1995 w.e.f. 3.6.1995  
1[(c) xxx]1  
1. Omitted by Act 27 of 1995 w.e.f. 3.6.1995  
(d) the period within which the sale deed under sub-section (2) of 
section 7 shall be executed;]1  
1[(e)]1 the amount to be paid under section 7;  
1. Re-lettered by Act 9 of 1994 w.e.f. 1.8.1992  
1[(f)]1 any other matter for which rules have to be made or are 
necessary under this Act.  
1. Re-lettered by Act 9 of 1994 w.e.f. 1.8.1992  
(3) Every rule made under this Act shall be laid as soon as may be after it 
is made, before each House of the State Legislature while it is in session for 
a total period of thirty days which may be comprised in one session or in two 
or more successive sessions and if before the expiry of the session in which 
it is so laid or the session immediately following both Houses agree in 
making any modification in the rule or both Houses agree that the rules 
should not be made, the rule shall thereafter have effect only in such 
modified form or be of no effect, as the case may be; so, however that any 
such modification or annulment shall be without prejudice to the validity of 
anything previously done under that rule. 
 
10. Removal of difficulties. - If any difficulty arises in giving effect to the 
provisions of this Act, the State Government may, by notification, make such 
provisions not inconsistent with the provisions of this Act, as appear to be 
necessary or expedient for removing the difficulty. 
 
* * * *  
(The above translation of the PÀ£ÁðlPÀ £ÀUÀgÀ ¥ÀæzÉñÀUÀ¼À°ègÀĪÀ C£À¢üPÀÈvÀ ¤ªÀiÁðtUÀ¼À£ÀÄß 
¸ÀPÀæªÀÄUÉƽ¸ÀĪÀ C¢ü¤AiÀĪÀÄ, 1991 was published in the official Gazette 
(Extraordinary) Part-IV-2B as No.68 dated 5-2-1992 under clause (3) of 
Article 348 of the Constitution of India.)  
* * * *  
NOTIFICATION  
Bangalore, dated 28th July 1992[ No.HUD 291 MNJ 92 ]  
S.O.2281.- In exercise of the powers conferred under sub-section 
(2) of section 1 of the Karnatak a Regularisation of Unauthorised 
Constructions in Urban Areas Act, 1991,  
 11
Government of Karnataka hereby  appoints First August Nineteen 
Ninety two (1-8-1992), as the date on which the said Act shall come 
into force.  
 
 
By Order and in the name of the Governor of Karnataka,  
 
S. NARAYANASWAMY,  
 Under Secretary to Government (I/c)  
      Housing & Urban Development Department.  
* * * *  
 
 

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