The Karnataka Town and Country Planning Act of 1961 attempts to legislate and organise,

the creation and execution of planned development of land within Karnataka. The act was
conceptualised in order to provide full civic and social amenities for the people of the State,
as well as, to stop the uncontrolled development of land, to preserve and improve existing
facilities and amenities contributing towards a balanced use of the land.
At the conference of the Ministers for Housing and Urban Development held in 1971, it was
agreed that a common Authority for the development of metropolitan cities should be set up,
much like the Delhi Development Authority. At present, the numerous authorities that
exercise jurisdiction over the area experience an overlap in functions, and have poor
coordination, creating unnecessary confusion and unregulated growth as seen in Bangalore.
To ensure that town planning schemes are made in a proper manner and their execution is
effective, it is provided that a local authority, such as a municipal corporation, municipal
council, Town or Grama Panchayat shall prepare a development plan for the entire area
within its jurisdiction. The State Government is to appoint a qualified individual as Director
of Town-Planning as well as constitute a State Town-Planning Board to aid in agenda setting,
planning and development in order to maintain the balanced development of Karnataka. Any
costs incurred through the appointment of the director shall be paid out of the revenues of the
State Town-Planning Board.
The State Government will delineate areas in the State to be a ‘Local Planning Area’
potentially including any adjacent areas provided that, no military cantonments or heritage
areas are present. As soon as possible after this delineation, the State Government in
communication with the Board, will create a “Planning Authority” consisting of a chairman,
two members and a Vice-chairman as well as a Town Planning Officer who will be the
Member-Secretary. The terms, duties and responsibilities of the Planning Authority is also
demarcated by the state government.
Any Planning Authority member affiliated with a local authority will only remain a member
of the planning authority till their term with the local authority is extinguished, any vacancies
will be filled either by the state government or the local authority as they see fit. Planning
Authorities have the power to, with previous sanction from the State Government, make bye-
laws consistent with the provisions of this Act and the rules thereunder to carry out the
purposes included in the Master Plan. Every Planning Authority shall carry out such
directions as may be issued from time to time by the State Government for the efficient
administration of this Act. If any dispute arises between the Planning Authority, and a local
authority, the decision of the State Government on the dispute shall be final. Additionally, if
in the opinion of the State Government, a Planning Authority is not competent to perform the
duties conferred upon it, the State Government or persons appointed on its behalf, has the
power to take over such duties.
The Member Secretary is tasked with being the Chief Executive and Technical Officer of the
Planning Authority responsible for all budgetary, planning, enforcement and supervisory
functions of the Planning Authority. They must submit Annual Reports and audited accounts
for approval, to the Planning Authority, within three months of the end of every financial
year and thereafter submit copies of the same to the Board, the Director and the State
Government. If, in the opinion of the Member-Secretary, any resolution passed by the
Planning Authority contravenes any provisions of this Act or, any other, he has the power to,
within fifteen days of its passing, refer the matter to the State Government, informing the
Planning Authority at its next meeting. Until the orders of the State Government on the
reference are received, the Member-Secretary of the Planning Authority is not bound to pass
the resolution.
Each planning authority is to survey their jurisdiction and, within two years from the
delineation of the local planning area, publish a master plan, for the development or
redevelopment of areas under their jurisdiction and submit it to the State Government,
through the Director, for provisional approval. Before carrying out a survey of the area under
its jurisdiction for the purpose of preparing a Master Plan, a planning authority, shall make a
declaration of its intention to prepare such plan and despatch a copy and a plan showing only
the boundary of the prescribed area to be included, to the State Government. The planning
authority shall publish a notice of such declaration in the Official Gazette and one or more
local newspaper inviting suggestions from the public within a period of sixty days. If this
master plan is not submitted to the State Government within two years, the State Government
has the power to authorise the Director to publish said plan. No declaration of intention is
necessary when the masterplan is prepared and published by the Director. If any Planning
Authority jurisdiction is manipulated, the master plan prepared for said jurisdiction, with
alterations and modifications as the State Government deems fit, is to be the master plan for
the revised jurisdiction. A copy of this master plan along with the report sent to State
Government will be kept open for inspection by the public, at the head office of the Planning
Authority.
The Master Plan will contain a series of maps and documents indicating the manner in which
the development and improvement of the entire planning area is to be carried out and
regulated. It will include proposals for zoning, a complete outline of street pattern,
highlighting roads and traffic circulation patterns, as well as indicating the areas reserved for
recreational uses, public use, and areas reserved for other purposes considered expedient for
new civic developments, or future expansion. The stages by which the plan is to be carried
out are also to be outlined.
On receipt of the Master Plan after making modifications the state government deems fit, it
shall return the plan and the reports to the Planning Authority, which will then publish, the
plan and the reports inviting public comments in written form within sixty days of
publication. If a member of the public communicates any concerns as prescribed, the
Planning authority has the power to consider these and resubmit the plan to the State
Government, with recommendations for modifications. The State Government then, after
receiving the plan will, in consultation with the Director, give its final approval to the plan
with the modifications deemed necessary. The Planning Authority shall then publish the
Master Plan and the reports as finally approved by the State Government. The plan and the
reports will be displayed permanently in the offices of the Director and the Planning
Authority while a copy will be available for public inspection at the office of the Planning
Authority. The master is plan is revised and updated at least once in ten years since its
coming into effect. Within a month of publication, the state government may make any
amendments deemed necessary.
Beginning from the date on which a declaration of intention to prepare a Master Plan is
published, every land use and development in the area covered by the plan must conform to
the provisions of this Act, the Master Plan and the Report, unless agricultural land is to be
converted for non-agricultural purposes. In this case such change of use will not be permitted
unless it is in accordance with the provisions of the Karnataka Land Revenue Act, 1964. The
Planning authority, with the approval of the State government, is authorised to allow any
changes in land use or development as long as these proposals for change are in the interest
of the public, in compliance with the laws governing planning, development or use of land, as
well as being published in at least one newspaper, inviting public scrutiny within a minimum
of fifteen days.
If permission for change of land use or development is granted and this change is capable of
yielding a better income to the owner, the Planning Authority may levy a prescribed fee not
exceeding one-third of the estimated increase in the value. In case an application for, sanction
of sub-division of a plot or, laying out a private street is submitted the Planning Authority
may levy and collect an additional fee at the rate of one lakh per acre of land, for the purpose
of rejuvenation of lakes or water bodies within the planning area. Other additional charges
levied include a cess for the purpose of carrying out any water supply scheme, a surcharge for
the formation of ring roads, a cess for the purpose of improving slums, and a surcharge to
establish a Mass Rapid Transport System. All the above levies together will not exceed one-
tenth of the market value of the land or building. Any person aggrieved by this collection
may, within thirty days from the date of the order, appeal the collection to the prescribed
authority whose decision shall be final. The State Government may exempt bodies working
with the government from the payment of the cess or surcharge leviable.
A draft scheme must be made within 12 months from the date of declaration of intention to
make a scheme. If the draft scheme is not published within the prescribed period, the
declaration will lapse. The planning Authority may modify the draft scheme in such manner
as it thinks fit. If the State Government sanctions such scheme, it will open it up to public
inspection. No person shall, within the area included in the scheme, proceed with any work.
The Planning Authority may direct such person by, notice in writing to stop any work in
progress and any work already done may be destroyed.
Within one month from the sanctioning of a draft scheme, the State Government shall appoint
a qualified person as Town Planning Officer who will be subordinate to the Director. The
Town Planning Officer will be responsible for demarcating the areas reserved for a public
purpose or purpose of the Planning Authority, estimate the portion of the sums payable as
compensation on each plot used, allotted or reserved and estimate the compensation to be
paid to the owner of any property for rights injuriously affected by the making of the Town
Planning scheme. Any proceedings pending before such officer immediately before the date
he ceases to hold the office, shall be continued and disposed of by the new Town Planning
Officer appointed in his place. Any difference of opinion between the Town Planning Officer
and the Planning Authority, shall be referred by the Planning Authority to the State
Government through the Director and the decision of the State Government will be final and
conclusive.
The costs of the scheme are to be met wholly or in part by a contribution, levied by the
Planning Authority on each plot included in the final scheme, calculated in proportion to the
increment which is estimated to accrue in respect of the plot by the Town Planning Officer.
Provided that no such contribution shall exceed one-third of the increment estimated to
accrue and where a plot is subject to a mortgage with possession or lease.
The Planning Authorities are competent to make any agreements, with any person in regards
to provisions in the Town Planning scheme, subject to the power of the State Government to
modify or disallow such agreement and unless it is otherwise expressly provided therein, such
agreement shall take effect on and from the date on which the Town Planning scheme comes
into force. Such agreement shall not in any way affect the duties of the Town Planning
Officer or the rights of third parties, but it shall be binding on the parties to the agreement
notwithstanding any decision that may be made by the Town Planning Officer. Provided that,
if the agreement is modified by the State Government, either party shall have the option of
avoiding it if it so elects.
Whoever contravenes provisions of this Act shall, on conviction, be punished, with
imprisonment for a maximum term of three months, with a fine which may extend to five
thousand rupees, or both. A person contravening any of the provisions of the bye-lows shall
on conviction, be punished with fine, which may extend to one hundred rupees and in the
case of a continuing contravention, with an additional fine, which may extend to five rupees
for every day that such contravention continues.
Any expense incurred by a Planning Authority, the State Government or due to lack of
completion of conferred duties under this Act or in connection with the same, may be
defrayed out of the funds of the Planning Authority. The expenditure incurred in the
administration of this Act shall be paid out of the funds of the Planning Authority and the
State Government may make an order directing any person who, for the time being, has
custody of any such funds to pay such expenses from such funds and such person shall be
bound to obey such order.