BBMP Plan Approval Oc

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BEFORE THE HON’BLE NATIONAL GREEN TRIBUNAL,

SOUTHERN ZONE, CHENNAI.


APPLICATION NO.145/2022

BETWEEN
SRI PARAMESH V
…APPLICANT
AND
DEPUTY COMMISSIONER & OTHERS
… RESPONDENTS

INDEX

S.No DESCRIPTION PAGE NO.

1. Statement of objections filed by the 6th respondent 1

2. Affidavit 13

3. ANNEXURE R1- Copy Of Environment Clearance 14

Issued By State Level Environment Impact

Assessment Authority dated 10.03.2020

4. ANNEXURE R2- Copy of Consent for 27

Establishment issued by Karnataka State Pollution

Control Board dated 21.08.2020

5. ANNEXURE R3- Copy of Building License and 32

Plans approved by the assistant Director of town

planning, BBMP, Mahadevapura Zone, Bangalore

6. ANNEXURE R4- Copy of photographs of the 39

building “UNITED HIGHLANDS”

7. ANNEXURE R5- Copy of Occupancy certificate 41

issued by BBMP.

8. ANNEXURE R6 & R6A- Revised Master Plan 44

issued by Bangalore Development Authority

9. ANNEXURE R7- Copy of Judgement in Sobha 46

Developers Limited v. Bruhat Bangalore

Mahanagara Palike reported in 2012 SCC OnLine

Kar 2679
10. ANNEXURE R8- Copy of Judgement in Valmark 53

Developers v. State of Karnataka, order dated

06/07/2022 in W.A. NO.1226 OF 2021

11. ANNEXURE R9- Copy of Order passed by the 69

District Collector, Bengaluru

12. ANNEXURE R10- Copy of Regulations in Revised 72

Master Plan- 2015, of Bengaluru Development

Authority.

13. ANNEXURE R11- Copy of Order passed by the 159

Hon’ble Supreme Court of India ,dated: 26/08/2021

in Wonder Projects Development Limited v Union

of India, Civil Appeal No. 4845/2021

14. ANNEXURE R12- Copy of Consent of Operation 161

along with Photographs of the project site at

present.

PLACE: CHENNAI

DATE: 21.02.2023

COUNSEL FOR RESPONDENT NO.6

Page No.: 2
No. of Corrections:
1
2
3
4
5
6
7
8
9
10
11
12
13
14

ANNEXURE R1
15
16
17
18
19
20
21
22
23
24
25
26
Consent For Establishment (CFEs) Karnataka State Pollution Control Board

27
Parisara Bhavana,No.49, Church
Consent No. CTE-319737 Valid Street,Bengaluru-560001
upto: 20/08/2025 Tele : 080-25589112/3, 25581383
Fax:080-25586321
Industry Colour: RED Industry Scale: LARGE email id: [email protected]

(This document contains 5 pages including annexure & excluding additional conditions)

Consent Order CTE-319737 PCB ID: 86842 Date. 21/08/2020


No.
To,
The Applicant
united Infrastructures ANNEXURE R2
Amani Bellandur Khane
Village, Varthur hobli,
Bangalore East Taluk,
Bangalore.

Sir,

Sub: Consent to Establish under the Water (Prevention & Control of Pollution) Act, 1974 & the Air (Prevention &
Control of Pollution) Act, 1981-reg.,
Ref: 1. CFE application submitted by the industry/organization on 16/06/2020 at Regional Office

2. Inspection of the project site by Regional Officer Bangalore on 18/06/2020


Mahadevapu
ra
3.Proceedings of the CCM dated 01/08/2020 ,held on 30/07/2020

With reference to the above, Karnataka State Pollution Control Board hereby accords Consent for Establishment for
new Activity under the Water (Prevention & Control of Pollution) Act, 1974 & the Air (Prevention & Control of
Pollution) Act, 1981 at the location indicated below subject to the following terms & conditions.

Location:
Name of the Applicant: united Infrastructures
Address: SY.NO. 326, 327/3, , SY.NO. 326, 327/3, Ward No.149,
Industrial Area: Not In I.A, Amani Bellandur Khane Village,,
Taluk: BBMP- W- 149, District: Bangalore Urban
Conditions:
1. This consent for establishment is valid up to 20/08/2025 from the date of issue.
2. The applicant shall not undertake expansion/diversification without the prior consent of the Board.
3. The applicant shall obtain necessary license/clearance from other relevant statutory agencies as required under the
law.
4. This consent is granted considering the following activities:
Sr Product Name Applied Qty/Month Unit
1 residential apartment building consists of 232 flats with tbua = 232.0000 NOS
31,590.93 sq.mtr
I. WATER CONSUMPTION:
1. The source of water shall be from BWSSB and total water consumption shall be as below.

Particulars Water consumption(KLD)


Domestic Purpose 157.0

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Consent For Establishment (CFEs) Karnataka State Pollution Control Board

28
Parisara Bhavana,No.49, Church
Consent No. CTE-319737 Valid Street,Bengaluru-560001
upto: 20/08/2025 Tele : 080-25589112/3, 25581383
Fax:080-25586321
Industry Colour: RED Industry Scale: LARGE email id: [email protected]

(This document contains 5 pages including annexure & excluding additional conditions)

II. WATER POLLUTION CONTROL:

1.The discharge from the premises of the applicant shall pass through the terminal manhole/manholes where from the
Board shall be free to collect samples in accordance with the provisions of the Act or Rules made there under.

2. The applicant shall treat the domestic wastewater from the factory in septic tank with soak pit. No overflow from the
soak pit is allowed. The septic tank and soak pit shall be designed as per IS 2470 Part - I andPart- II

3. The applicant shall treat the domestic wastewater in the Sewage Treatment Plant (STP) as per the proposal
submitted.It shall meet the standards specified in Annexure-I & shall be used on land for gardening/greenbelt within the
factory premises.

4. The quantity of domestic waste water and trade effluent generated from the proposed industry shall not exceed the
permitted quantity as indicated below

Discharge of effluents under the Water Act:


Sl. No. Description Permitted Quantity of Mode/Place of disposal
discharge in KLD
1 Domestic Purpose 126.000 shall be treated in 135.0 KLD
STP & treated water shall be
utilised for
Flushing/Gardening within
the premises.
5. The applicant shall treat the trade effluent in proposed ETP which consists of the following;
STP & ETP details
SlNo ETP/STP ETP Code Category Name Capacity (Meter Units Remarks
NO Cubic)
1 STP1 BS- Bar Screen 1.00 1
2 STP1 CLA P-Clarifier 30.00 1
3 STP1 COL P-Collection Tank 90.00 1
4 STP1 EQU P-Equalization Tank 90.00 1
5 STP1 FTP P-Filter Press 1.00 1
6 STP1 AER S-AERATION TANK 125.00 1
7 STP1 SHT S-SLUDGE HOLDING 6.00 1
TANK
8 STP1 CFL T-CARBON FILTER 1.00 1
9 STP1 SFL T-SAND FILTER 1.00 1

6. The applicant shall ensure that the ETP will treat the effluent to the stipulated standards as indicated in Annexure-I

7. The applicant shall not discharge any effluent outside the industry premises.

8. The applicant shall provide separate flow meter for inflow & outflow of effluents through ETP and separate
energy meter and shall maintain a logbook for hourly record of meter reading for the verification of inspecting
officers
9. The applicant shall discharge the effluents only to the place mentioned in the Consent order.
III. AIR POLLUTION CONTROL:

1. The Source of emission, Stack height & Air Pollution Control (APC) measures shall be as specified in
ANNEXURE-II.
2. The applicant shall provide port holes for sampling of emission, access platforms for carrying out stack
sampling, electrical points and all other necessary arrangements including ladder as indicated in Annexure-II.

3. The applicant shall upgrade/modify/replace the control equipment with prior permission of the Board.

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Consent For Establishment (CFEs) Karnataka State Pollution Control Board

29
Parisara Bhavana,No.49, Church
Consent No. CTE-319737 Valid Street,Bengaluru-560001
upto: 20/08/2025 Tele : 080-25589112/3, 25581383
Fax:080-25586321
Industry Colour: RED Industry Scale: LARGE email id: [email protected]

(This document contains 5 pages including annexure & excluding additional conditions)

IV. NOISE POLLUTION CONTROL:

1. The applicant shall ensure that the ambient noise levels within its premises shall not exceed the limits i.e. 75 dB(A)
Leq during day time and 70 dB(A) Leq during night time as specified in the Environment (Protection) Rules.

V. SOLID WASTE (OTHER THAN HAZARDOUS WASTE) DISPOSAL:

1. The applicant shall collect, treat and dispose off all solid waste generated from the process other than wastes covered
under the Hazardous and other Wastes (Management & Transboundry Movement) Rules 2016, in such manner so as
not to cause environmental pollution.

2. The details of solid waste generated from the proposed plant and mode of disposal shall be as below.

Sr Solid Waste Name/Type Qty-Unit Mode of


Disposal
1 Solid Waste = 522.0 Kg/Day 15.6600 - M.T OTH
2 Organic Waste = 313.20 Kg/Day 9.3960 - M.T LAN
3 In Organic Waste = 208.80 Kg/Day 6.2640 - M.T OTH
4 STP Sludge = 6.75 Kg/Day 0.2025 - M.T LAN
VI. HAZARDOUS AND OTHER WASTES (MANAGEMENT & TRANSBOUNDRY MOVEMENT)
RULES 2016:

1. The applicat shall apply and obtain authorization under Hazardous and Other Wastes (Management &
Transboundry Movement) Rules 2016, and comply with the provisions of the said Rules.
VII. GENERAL:

1. The applicant shall transport and store the raw materials in a manner so as not to cause any damage to environment,
life and property. The applicant shall be solely responsible for any damages to environment.

2. The applicant shall not commission the proposed plant for trial or regular production unless necessary Water & air
pollution control equipments are installed as specified in the Consent Order.

3. The applicant shall ensure that the treatment plant and control equipments are completed and commissioned
simultaneously along with construction of the factory and erection of machineries.

4. The applicant shall not change or alter (a) raw materials or manufacturing process, (b) change the products or product
mix (c) the quality, quantity or rate of discharge/emissions and (d) install/replace/alter the water or air pollution
control equipments without the prior approval of the Board.

5. The applicant shall immediately report to the Board of any accident or unforeseen act or event resulting in
release of discharge of effluents or emissions or solid wastes etc. in excess of the standards stipulated. And the
industry shall immediately take appropriate corrective and preventive actions under intimation to the Board.

6. The Board reserves the right to review, impose additional condition or conditions, revoke, change or alter the
terms and conditions.

7. This CFE does not give any right to the Party/Project Authority/Industry to forego any other legal requirement, that is
necessary for setting/operation of the plant.

8. The applicant shall furnish pointwise compliance to the conditions given under this consent for establishment along
with the application for Consent to operate.

9. The applicant is liable to reinstate or restore, damaged or destroyed elements of environment at his cost, failing which,
the applicant/occupier as the case may be shall be liable to pay the entire cost of remediation or restoration in
advance an amount equal to the cost estimated by Competent Agency or Committee.

10. The applicant shall comply with all the Conditions and guidelines issued from time to time.

11. The applicant must create structure/facility for rain water harvesting and ground water recharge.

12. The applicant shall develop extensive green belt within the periphery of the plant.

13. This consent is issued without prejudice to Court Cases pending in any Hon’ble Court.

Please note that this is only consent for establishment issued to you to proceed with the formalities for establishment
of the industry and does not give any right to proceed with trial/regular production. For this purpose, separate
consents of the Board for discharge of liquid effluent and the emissions to the air shall have to be obtained by remitting
prescribed consent fee. The application for consent has to be made 45 days in advance of commissioning for trial
production of the plant.

The receipt of this letter may please be acknowledged.

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Consent For Establishment (CFEs) Karnataka State Pollution Control Board

30
Parisara Bhavana,No.49, Church
Consent No. CTE-319737 Valid Street,Bengaluru-560001
upto: 20/08/2025 Tele : 080-25589112/3, 25581383
Fax:080-25586321
Industry Colour: RED Industry Scale: LARGE email id: [email protected]

(This document contains 5 pages including annexure & excluding additional conditions)

Consent Fee paid : Rs. 50000

Note:
The Conditions Nil mentioned in the schedule are not applicable.
Additional Conditions:

II(2),(6), III(2), IV(1), V(1), VI(1) & VII(4) these conditions are not applicable.

The project authorities shall strictly comply with the conditions stipulated in Annexure I contains 08 pages.

The CFE is issued as per the recommendations of the Consent Committee Meeting held on 30.07.2020 & duly approved by
Member Secretary & Hon'ble Chairman.

COPY TO:
1. The Environmental Officer, KSPCB, Regional Office, Bangalore Mahadevapura for information and to inspect
the
industry during your next visit to the area.
2. Master copy (Dispatch).
3. Office copy.

ANNEXURE- II

LOCATION OF SAMPLING PORTHOLES, PLATFORMS, ELECTRICAL OUTLET.

1. Location of Portholes and approach platform:

Portholes shall be provided for all chimneys, stacks and other sources of emission. These shall serve as the sampling
points.The sampling point should be located at a distance equal to atleast eight times the stack or duct diameters
downstream and two diameters upstream from source of low disturbance such as a Bend, Expansion, Construction
Valve, Fitting or Visible Flame or rectangular stacks, the equivalent diameter can be calculated from the following
equation.

2 (Length x Width)
Equivalent Diameter = -----------------------
(Length + Width)

2. The diameter of the sampling port should not be less than 100mm dia”. Arrangements should be made so that the
porthole is closed firmly during the non sampling period.
3. An easily accessible platform to accommodate 3 to 4 persons to conveniently monitor the stack emission from the
portholes shall be provided. Arrangements for an Electric Outlet Point of 230 V 15 A with suitable switch control
and 3 Pin Point shall be provided at the Porthole location.
4. The ladder shall be provided with adequate safety features so as to approach the monitoring location with ease.

FOR AND ON BEHALF OF KARNATAKA


POLLUTION CONTROLBOARD

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Consent For Establishment (CFEs) Karnataka State Pollution Control Board

31
Parisara Bhavana,No.49, Church
Consent No. CTE-319737 Valid Street,Bengaluru-560001
upto: 20/08/2025 Tele : 080-25589112/3, 25581383
Fax:080-25586321
Industry Colour: RED Industry Scale: LARGE email id: [email protected]

(This document contains 5 pages including annexure & excluding additional conditions)

Signature Not Verified


Digitally signed by
Date: 2020.08.21 17:08:18
+05:30

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32

ANNEXURE R3
33
34
35
36
37
38
ANNEXURE R4
39
40
BRUHATH BANGALORE MAHANAGARA PALIKE
41
MAP PMDP/O.c.No.20/2022-23 Office of the
Assistant Director of Town Planning.
Bruhath Bangalore Mahanagara Palike,
Mahadevapura, Bangalore, Dated:29/07/2022

OcCUPANCY CERTIFICATE ANNEXURE R5


Issue of Occupancy Certificate for Residential Apartment Building at
Sub Survey No.326, 327/Old), 327/3(New), Khatha No.79, Municipal No.16,
Amani Bellandur Khane Village, Varthur Hobli, Bangalore in favour of Sri B
Sreedhar Reddy and Ms United Infrastructures, Rep by SriR
Raghavendra Reddy and Sri GN Pattabi Ramaiah.
Ref- 1) Your Application dated:1406/2022.
2) Approval of Joint Commissioner, Mahadevapura Dt.18/06/2022.
3) Payment of Compounding Fine Rs.82,67,290=00/-
(DD No.101788, Dt02/07/2022, State Bank of India)
4) Plan Approved by BBMP, Mahadevapura Zone, Bangalore,
Vide On Line LP No.BBMP/Ad.Com/MDP/0638/2019-20 Dt.01/10/2020.
*****

The Building Plan was sanctioned for the Construction of Residential Apartment Building
comprising of Stilt Floor+GF+FF+SF+TF+Terrace Floors constructed on the land located at Survey

No.326, 327(01d), 327/3(New), Khatha No.79, Municipal No.16, Amani Bellandur Khane Village,
Varthur Hobli Bangalore East Taluk with On Line LP No.BBMP/Ad.Com/MDP/0638/2019-20

Di.01/10/2020.
The Residential Apartment Building was inspected on dt.17/06/2022 with reference to the
sanctioned plan and as built drawing for the issue of Occu bancy Certificate. At the time of inspection it

is observed that the Residential Apartment Building constructed comprises of Stilt FloortGF+
FF+SF+TF+Terrace Floors only. On inspection it is also observed that there is deviations in Built up

area when compared to sanctioned Plan which is well within the regularization limits of 59% by levying

fine Which works out to Rs.82,67,290=00 (Rs.Eighty Two Lakh Sixty Seven Thousand Two Hundred and

Ninety only). The Applicant has paid the total Compoundingfine of Rs.82,67,290=00 vide DD No.10178,
DL.02/07/2022, State Bank of India. DD has been remitted to Account No.8401132000014 (CANARA

BANK) of Commissioner BBMP Vide Receipt No.RE-ifms366-7P000036, D1.29/07/2022

The Residential Apartment Building at Property Survey No. 326, 327(0ld), 327/3(New), Khatha

No.79, Municipal No.16, Amani Bellandur Khane Viüllage, Varthur Hobli, Bangalore East Taulk,
consists of the following.

22
AsSistant Cirecior TowM. Pa.i
BBMP Mahadevapura }one
Bargatue
42
-3-

10. Owner shall make his own arrangements to dispose the debris/ Garbage after segregating it in to
organic and inorganic waste generated from the building. Suitable arrangements shall be made by
the owner himself to transport and dump these segregated wastes in consultation with the B8MP
Zonal health Officer.

11. In case of any false information, misrepresentation of facts, or pending court cases, the occupancy
certificate shall deemed to be cancelled.

12. Arrangement like fire extinguisher and other facilitiles to be provided where ever required and
maintained properly. For any untoward incident in the building BBMP is not responsible in any way
and solely the owner will be responsible for any loss of life or damage to public property.

13. Safety to electrical installations, transformer is the entire responsibility of the owner. Any untoward
incident that may cause out of electrical installations or transformer, the BBMP shall not be
responsible in any way. The builder shall obtain safety certified from BESCOM regarding safe
installation of electrical system before occupying the building.

14. f information /document furnished by applicant is false, the Occupancy Certificate issued will be
cancelled and appropriate action will be initiated as per law.

On default of the above conditions the Occupancy certificate issued will be withdrawn without any
prior notice.

2
Assistant Directot p
wn
BruhahBangaloreeaapPannine
ake
MahadabpürN20nt;MaHdéaura,
To,
Barienors.
Sri B Sreedhar Reddy &
M/s United Infrastructures,
Rep by Sri R Raghavendra Reddy&
Sri GN Pattabi Ramaiah
Khatha No.79, Municipal No.16,
Survey No.326, 327(Old), 327/3 (New),
Amani Bellandur Khane Village,
Varthur Hobli,
Bangalore.
Bruhat Bengaluru Mahanagara Palike
omlce of Asslstant Director Town Planning Mahadevapura Zone
43
Receipt
(General Purpose)
pere 22(1)

ddo366 Assistant Director Town Planning


Receipt Number REtms 366-TP /000036 DDO
Mahadevapura Zone
Receipt Date 29-Ju-2022 Ward 149 Varthuu
BBMPIAd Com/MDP/0638/2019redited:Canara Bank, Bangalore City Corpn. EC. (Cor)
Reference
20 (CNRBOO08401) 8401132000014 (TP)

Received the sum of Re. 8267290 00 (Eighy Two Lakh Sity Seven Thousand Two Hundred Ninaty ) from
SVSmtB Sreodher Reddy and Ms United intrastrucures, Reo ty Sn R Raghavendra Reddy and Sn GN Patabi
Ramaiah
KhatheNo.79 Survey No 326. 327(014) 327/n giew, Municial No,16 Amani Bollandur Khare Vilage. Banqakore
(Occupancy Certificete)
Bengaluru
towards the following

SI No Name Amount Remarks


RO110 Compounding Fee a267290 0o
Amount received as
SI No Type jBank Ch/D0 No. Ch/DO D. Amount
JDD State Bark Of Indis 101788 02-Ju-2022 8267290.00

for Bruhat Bengaluru Mahanagara Palile


Assistant Director Town Plenning
Mahadevapura Zone
788000 789000 790000 791000 792000 793000 794000 795000 796000

128
Bangalore Airport Marattahalli 12
127
30
126 130
129
44

Mu
206

nek
0
335
131

o lla
Marattahalli Extension 336 0

l
158 333
125
154 Munnekolalu Extension B A N G A L O R E
APPROACH 155

Mai
334
159 335
36 335

nR
218 40 12
315 477
23 132 157
30 156

oad
135

1433000
133134 167 168 Munnekolalu Revised Master Plan
38 169
Building Height = 2% 25 153 332 308
42 41 160 45
24 124
20 6 171 331 306
of the distance from 36 39 123 136 150 151
37 31 5 43 152 170 330 2015
328 305 307
the 18
edge of the Runway 40 Kempapura 32 327
B e l l a n d u r a m a n i k e r e 166 310
0 K e m p a p u r a 46 122 137 140 172 0
35 45 44 149 180 309
34 19 38 121 Munnekolalu 323 304
0 139 181 66
33 192 319 303
Yamalur 161 182 191 322 326
25 1 0 138 145 148 162
18 165 193 248 320 329 Vartur kere
119 141 247 324 215 311 312 Proposed Land Use Map
4 47 95 97 179 214
17 61 118 173 249 216
2 49 280 217
96 98 99 194 202 325 203
Software Development Institute
10
Air Force 147 250 321 202 313 314
61 50 94 120 117 142 279 302 204 205
163 164 183 476 213
48 93 146 189 190 281
104 105
0 176 203 210 102 103
7 1 100 116 195 201 475 106 315
52 51 144 174 177 211 214 101 206 218
53 143
3 16 79 178 251 278 272 272 282 285 286 212 201 107
77 277 283 284 207
3 105 0 273
8 9
102103 113 32 34 185 188 209 224 271 209 208
101 104 106 115 114 175
54 78 216 270 211
0 0 200 246 310 311 301 210 316
76 80 196 213 215 223 252 299 313
11 2 0 55 31 197 204 13
56 92 185 187 0 212 304
4 112 186 208 225
74 91 237 274 269 298 303 306 307 308
309 314
69 75 222 227 238 245 318 317
15 87 226 244 276 275 289 3
60 198 305 312
Belur Nagasandra 5 6 58 57 68 86 88 107 287 4 322
30 33 199 207 297 5 12 321
14 85 89 35 253 302
12 73 90 36 290 288 301 315 14
84 37 205 12
13 59 6 81 217 300 317 319
3.16 Varthur
INNER HORIZONTAL SURFACE 83 82 108 91 92 228 236
66 67 70 111 29 221 291 296
65 94 206 0
71 72 109 218 239 316 320
90 95 232 292 295 0 11
2 268 262 72 13
28 259 73
64 24 93 220 243 261 2 8
5 18 100 267 294 0 12
4 7 63 25 229 6 V 0
a r 15t h u r
17 235 70 9
Building Height 59 61 219 258
0 0 254 293 7
3 60 110 27 0 89 230 242 266 260 10 map (a)
62 19 21 26 4 231 78
Kadabeesanahalli 263 10 0 16
< 45 meters 21 22 22 96 233 264 69 0 11 0
8 1 74
16 99 240 265
58 57 7 18 75 0 17
10 109 8
234 257 0
12 11 20 18 71
11 195
9 12 20 88 18

1432000
13 6 5 255 18 31
54 23 18 2 0 0
16 56 15 14 5 23 103 67 1
0 19 97 98 3 241 77 21
8 256 68 30 194
24 53 55 0 86
51 4 101 102 20 0 19
17 15 13 87 6 76 Balagere 0
14 2 18 3 61
52 24 83 1
18 0 62
84 14 22 0
47 50 1 32
3 25 7 44 23 0 24 201
0 K a d a b e e s a n a h a l l 18 10 0 0
48 45
i4
12 66 25
46 Kariyammana
26 Agrahara 82 9 65 0 200
19 0 0 15 16 17 38 85 11
44 18
47 B a l a g e r i
29 26
207 49 15 43
33 45 60 42 27
43 K a r i y a m m a n a a g r a h a r a 63
20 45 0 0 Panathur 33 40
1 43 42 r Road 30 41
27 79 81 Beland u 32 0
Bellandur Tank 21 32 34 49
12 0 2 16 0
5 31 29 39 33
44 34 13 77 80 46 0
24 41 17 64
35 14
22 28 28 48 45 44 28 199
36 30 New Horizon College 35
42 41 78 69 38 203 (b)
of Engineering 27 59
23 0 43 46
39 31 36 26 47
40 37 64 37 25
29 39 74 37
40 11 76 58 0
28 29 38 10 65 34 0
40 197
41 6 P a n a t h u r 24 0 196
25 26 73 57 18
27 39 42 23 18
22 50 35 204
41 (a)
43 68
42 51
32 31 30 11 44 70 20 21 136
49 48 0
51 52 72 0 36 135
35 50 53 75 67 66 19 0
33 54 8 7 63
36 10 9 0
34 38 191
0 195 194
Bellandur Tank 37
71 54
134
0 135 50 56 53 52 189
0 38 51 0
55 134 190
136 0 40 Gunjurpalya Colony
137
49
137 4 133 192
45 9 62 131
48 0 138 39 104 193
62 105
12 133 55 120 0
132 106

1431000
13 3 5
47 56 57 131 107
7 182
Bellandur 61 54 108 52 121 181
139 6 109 132 144
8 0 130 0 145
46 41 2 110 146
58 129 1 119
111 118 143
9 60 149 0 184
130 112 0 147
6 59 45 138 180
8 150 148
Devarabeesanahalli 122 0 185
45 59 140 7 128
42 141 55
0 D e v a r a b e e s a r a n a h a l l i 0 10 151 178
44 1 0
142 50 0
5 53 129 179
0 14 Bhoganahalli 153 152 177
40 127
12 39 11
122 117 139 155
30 2 3 123 51 56 176
12 36 37 4 121 12 127 154
57 124 156
12 17 175
22 16 13 54 116
0 126 142 24
35 23 0 310 123 158
38 124 18 49 140 141 157
128 14 58
34 21
55 126
33 119 15 52 125 159 167
120 19 19
20 17 0 163 164
32 48 110
24 15 125 53 109 160
31 47 24 20 18
20 28
25 29 46
161
29 118 21 14 162
26 27 56
59 16
45 30 19 22
22 57 23
45 30 61 60 0 6 165
24 25 45 29 15 7
16 18 0 115 10 5
26 117 23 31 108 Gunjurpalya
28 B h o g a n a h a l l i 24 13
111 8 2
24 115 21 32 30 25 9
12 Ibbaluru 18 17 114 43 18
33 44 58 104 27 12
27 62 G u n j u r u 26
63 107 3
0 28
4
Ibbalur kere 116 0 114 11
45 101 42 64 39
12 102 105 34 31 40
113 33
104 107 111 83 41 0 38 41
103 0 112 0
66 0 34 37
32 35
0 65
108 0

1430000
109 113 36
106 84 35 105 106
45 100 85 38 309 43 42
99 40 102 Gunjuru
12 98 93 92 103
97 90 89 82 112 70 69
88 87 67
96 44
39 71
95 45
24 0 94 30 18
91 36 82
86 69 83 306
95 48 49
68 50
68 94 0 81
72 81 37 89 305
45 0 80 93 46 47
12 72
45 Gear Innovative Intl School 313 101 88 67 0
80 304
45 73 70 312
0 311 87 76
79 71 66
100 77 30
95 79 52
99 143 96 Claret Bhavana 86 54 53
45 74 97 98 100
24 94 78 90 84
77 51
24 73 65
45 96 142 91 303
132 93 92 85
71 141 72
140 76 308 0 75 74 73
68 0 78 64
0 0
18 69 139 75 0 11
133
74 99 30 18 56
45 0 55
97 4 57
63
15 134 75 98
67 18 3
92 138 12
61
65 135 0 5
70 104 1 13 60
66 6 62
64 136 91 101
HSR Layout Sector 1 WIPRO 102 40 2
15 17
15 59
137 10
63 106 11
62 76 103 131
24 45 39
77 105 8
107 108
0

Dodda Kan nah alli Road


90
7 29 9
24 12 13
24 Kaikondanahalli kere Kaikondanahalli 80 18 0 38 7 Kachamaranahalli
Chikka Bellandur 16
78 89 4
12 81 18 18 15
45

1429000
24 36 8
18 110 Kannahalli kere
D o d d a k a n n e n a h a l l i C h i k k a b e l l a n d u r
79
318 109 5 30
18 61 31 28
111 113 114 2 6 9 37
82 88 15 14
83 Karuna Ashram
60 84 85
10 23 19
112
87 115
24 86 1 3 27
59 57
Parangipalya 18 35 20
116 117 32 24
Kasavanahalli 58 23 17
56 18 IVY Park 16 21
54 123 Doddakannenahalli 14
45 118 22
53 122 33
121 0 26
49 125
12 CONICAL 52 119 120 130 25
45 34
21 62 85 22
124 126 18 0
51 50 129 63
24 48 0 127 24
12 45 128Post Office Karmalram Railway Station 61
40 50 60
Building Height 41
32 25 64
47 46 45 37 82
59 65 87 2
45 - 100 meters 81 83 84 86
24 18
12 44 30 75
Junnasandra 33 20 67 88 3 0
36 31 28 66 1
42 45 19 58 5
18 43 35 80
27
27 90 73 74
Sa 76 79
29 rj a 28
12 57 89 Mullur
pu 48 25 26
24 rR 31 30
38 68 29 0
26 oa
d 18 55 78
39 34 30 56 69 77 0
47 54
72 32 33
Kasavanahalli kere
24 49 128 6
12 70
53 7
18 36 129
6
24 24
3
M u l l u r 71 127
33
45

1428000
126
5 92
52 34
8
46 51 125
9 11
4 32
45 0 124
60 18 35
31 10
Haralur 45 91
123 23 12
C h i k k a k a n n e l i Patrician Brothers 35
7
34 Novitiate 36 13
57
122
8 29
24 0 96 44 43
24 37 22 14
11 42
30 53 121
9 56 15
12 0 21
12 20 15
28 54
10 130
Halanayakanahalli 55
13 27 52 199 120
98 41 131
Halanayakahalli kere 95 38 19
13 58 18
14 0 0
18 26 51 132
0
15 0
12 112
0 133
16 40
12 25 0 198 99 Proposed Land Use Analysis
24 50 39 119
59 94 17
118 16
17 101
oad

49 0 Description Area in Ha. %


Somasundarapalya 45
134 135 Residential (Main) 2219.09 52.04
60 196 116 136
in g R

14 102
18 47 117 137 Residential (Mixed) 62.22 1.46
24 197 113 115
lR

48 61
139 Commercial (Central) - -
19 195 91 100 111 114
10 11 20 194 103 140 138
he ra

15 21 46 63 193 Commercial (Business) 164.55 3.86


p

16 Hadosiddapura
i

17 153
r

24 0 62 76 93 151
18 150 154
e

22 192
Mutation Corridor 15.82 0.37
P

45 152
12 19 23 191 141 149 155
15 20 2 1 190 179 45 Commercial Axes - -
4 44 39 189 180 181 110

1427000
9 4 182 109 148
8 21 43 188 156
15 2 3 H a d o s i d d a p u r a 187 88 Industrial 142.93 3.35
15 22 104 147
42 40 5 3 146
41 174 High Tech 547.95 12.85
5 31 38 75 92 184
18 23 18 105 108 145
15 24 32 6 157
77 0 106 144 158
25 35 7 8 0 Public and Semi-public 125.97 2.95
1 26 33
VGP Layout 0 36 9 107
18 30 37 159 Green (Parks & Open Spaces) 602.72 14.14
24 175 87 143 161
10
R6

34 186 90
11 89 142 160 45
17 79 183 185
24 30 1213 166 0 Traffic and Transportation 324.27 7.60
28 29
16 74 165 162
0 176
15 24 27 Public Utilities 58.52 1.37
18 18 15 0 163
0 164
28 177 80 Unclassified - -
Hosapalya 19 14
7 6 67 0
27 178 7 Total 4264.04 100.00
78 82
66 15 20
35 84
29 0 86 167
34 0 169 5
33 22 72 81
30 73 4
15 Chudasandra 31 71 83 0 85 168
26 21 8
18 24 170
0 0 317
Kudlu 64 32 0 59 0 2
24 36 0 30 Sulikunte
K o d a t h i 29
10
25
Kodathi 9
65 0 3
39 23 70
37 31
63 38 11
HAL Layout (Kudlu) 69 60
40 58 28
C h i k k a n a y a k a n a h a l l i 57 14
18 24
171 12 13
27
24 67
56 172 32
62 0
173 33 26
41 15

to Equator
61 55 25
68 34
57 55 BANGALORE DEVELOPMENT AUTHORITY
61 56 100

North1426000
Kudlu kere 24 54
24 62 35 24
66 68 17
0 45 16
54
24 59 43 30
60 44 44 36
0
0
52 53 23
24 42
30 53 Regional Sericultural d
ANNEXURE

58 63 43
Research Station R oa
41 18 g
46 in
51 37 lR
Parappana Agrahara ra
24 51 he
0 250 500 1000 Meters 50 0 ip
52 0 22 r
42 Pe
24
scale: 1 : 10 000 47 46 64 19
47
45 65
48 Silk Worm Seed 38
Technology Laboratory
Coordinate system: UTM zone 43N 0
21
Reference ellipsoid: WGS 1984 50 40
(space for Govt approval)
Unit: meters
20
48 39
East to the 75th meridian 49
24
24 319
Rayasandra

788000 789000 790000 791000 792000 793000 794000 795000 796000


45
ANNEXURE 6A
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ANNEXURE R7
W.P. No. 44277/2011 (LB-BMP) and W.P. No. 29108/2011 & 29318-27/2011 (LB-BMP)

Sobha Developers Limited v. Bruhat Bangalore Mahanagara Palike

2012 SCC OnLine Kar 2679

(BEFORE B.S. PATIL, J.)

Sobha Developers Limited, A Company incorporated under the


Companies Act, 1956, having its registered office at E-106,
Sunrise Chambers, 22, Ulsoor Road, Bangalore - 560 042,
Represented by its Authorised Signatory, Mr. Vijaykumar G.
Bagoji .…. Petitioner
Sri. K.G. Raghavan, Sr. Counsel for Sri. Suraj Govinda, Raj, Adv., for M/s. Anup S.
Shah Law Firm, Advs.
v.
1. Bruhat Bangalore Mahanagara Palike, Hudson Circle, N.R. Road,
Bangalore, Represented by its Commissioner.
2. Assistant Executive Engineer, Bruhat Bangalore Mahanagara
Palike, Peenya Industrial Centre, Sub-Division, H.M.T. Layout,
Bangalore - 560 073.
3. Bangalore Development Authority, T. Chowdaiah Road, Kumara
Park West, Bangalore, Represented by its Commissioner .….
Respondents
Sri. I.G. Gachchinamath, Adv. for R-1 & R-2;
Sri. M.B. Prabhakar, Adv. for R-3
W.P. No. 44277/2011 (LB-BMP)
C/W
W.P. No. 29108/2011 & 29318-27/2011 (LB-BMP)
Decided on February 10, 2012

ORDER

1. Since the questions raised and the parties in these writ petitions are common, they
arc clubbed together, heard and disposed of by this common order.

2. Petitioner is a construction company incorporated under the provisions of the


Companies Act, 1956. In this writ petition, it is aggrieved by the refusal by
respondents 1 & 2 to grant permission for road cutting to lay the electrical
underground cable for the residential project known as Sobha Ruby and Sobha
Platinum constructed in Sy. No. 5/3. 18/1 to 18/6, 23, 68, 69/2 and 70, situated at 8th
Mile, Nagasandra Village, Yeshwantpura Hobli, Bangalore North Taluk.

3. The lands in question were purchased by the petitioner under a Sale Deed dated
23.3.2005 in auction proceedings initiated by the Court receiver as per the order
passed by the Debts Recovery Tribunal-I. Mumbai in O.A. No. 264/2001. After the
purchase, petitioner claims to have got the property converted to residential use for
the purpose of construction of residential apartments. The petitioner applied for all
necessary clearances, approval and sanctions from various statutory authorities for the
purpose of putting up construction. The Surveyor attached to the office of the Special
Land Acquisition Officer, Bangalore Development Authority, conducted a survey and
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submitted a survey sketch on 3.3.2006 as per Annexure-C.

4. It is the case of the petitioner that the said survey sketch was prepared on ‘as is
where is’ and ‘as is what is’ basis. It is relevant to notice here that before the
petitioner purchased the property and got it converted for residential use, there were
industrial sheds and factory building belonging to Deepak Insulated Cables
Corporation Ltd., which came to be sold in public auction pursuant to the order passed
by the Debts Recovery Tribunal. The petitioner approached the then Bangalore
Development Authority with the development and building plan and after the same
were approved, petitioner undertook demolition of the factory and commenced the
construction of residential building complex. Necessary commencement certificate
came to be issued by the Bangalore Development Authority.

5. It is the further case of the petitioner that they have relinquished their rights in a
portion of the aforementioned properties for undertaking development as required
under the Karnataka Town and Country Planning Act. According to the petitioner they
have relinqhished an area measuring 11,623.52 sq. mtrs. for park and open spaces, an
area measuring 7,749.01 sq.mtrs. for civic amenities and an area measuring
2,606.751 sq.mtrs. for road widening in favour of the Bangalore Development
Authority, vide relinquishment deed dated 1.12.2006. The Bangalore Development
Authority issued work order dated 26.2.2007 and plan sanction order dated 23.3.2007
authorizing the petitioner to construct the group housing project on the
aforementioned properties. A copy of the work order and the plan sanction order are
produced at Annexure-F. It is also urged by the petitioner that after the revised Master
Plan, 2015, came into force, based on the application made by the petitioner to the
Bangalore Development Authority, the modified work order dated 26.3.2010 and
modified plan sanction order dated 23.4.2010 authorizing the petitioner to construct
the group housing project in terms of the modified plan came to be issued. A copy of
the same is also enclosed to the writ petition at Annexure-G.

6. Petitioner has filed W.P. No. 29108 & 29318-327/2011 alleging interference with
the possession by the respondents herein on the ground that the petitioner had put up
construction on a Nala and a pathway as depicted in the village map. The petitioner
has since put up construction of multistoried apartment building and it is urged by the
petitioner that the built up area comes to around 19 lakhs sq. ft. on the property in
question and the construction has been put up strictly in terms of the modified plan
sanctioned.

7. It is the case of the petitioner that out of the 1200 apartments, the petitioner has
already sold more than 934 apartments to various purchasers. According to the
petitioner, in terms of the modified plan sanctioned, there are in all 6 blocks to be
constructed, out of which block No. 1 & 5 have already been constructed for which
occupancy certificate has been issued by the Bangalore Development Authority on
26.5.2011. In furtherance of the same, sale deeds have been executed in favour of
third parties and the said parties are stated to be in occupation of their respective
apartments. The construction in respect of other blocks as urged in the writ petition
has been under progress at varying stages, in that, while some of them are completed,
some are nearly completed and the others are at an advanced stage of construction. In
fact the petitioner has produced along with a memo during the course of arguments,
one more occupancy certificate issued by the Bangalore Development Authority on
12.1.2012 for the constructed residential block No. 4 with 184 dwelling units.

8. The petitioner applied on 20.8.2011 to the 2nd respondent requesting permission for
road cutting so as to lay the electrical underground cable for its project from the
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Nelagadaranahalli KPTCL Sub-Station. There was no response. Another application was


submitted on 9.11.2011 requesting the 1st respondent to act upon the application at
the earliest pointing out the difficulties faced by the occupants of the premises in the
residential project. These two representations are produced at Annexures-R & S,
respectively. By an endorsement dated 19.11.2011, the 1st respondent has rejected
the request made for permission to lay the electrical underground cable on the ground
that certain illegalities have been resorted to by the petitioner in diverting the natural
course of a Nala and the pathway running in the property in question. It is also stated
that the petitioner had approached this Court in W.P. No. 29108 & 29318-327/2011
against the BBMP and Bangalore Development Authority wherein an interim order is
obtained against the Corporation in connection with the property in question and
therefore, no permission could be granted. It is also stated in the endorsement that
the subject is seized by the Public Works Standing Committee of the Corporation for
consideration and decision. Thus, the stand taken by the respondent Corporation as
per the impugned endorsement is that, as the petitioner had committed illegality as
stated above and the cases were pending, no permission could be granted for road
cutting. In this background, aggrieved by the endorsement issued refusing permission
for road cutting and seeking a direction of the 1st respondent to grant permission for
road cutting, the present writ petition is filed.

9. It is contended by Mr. K.G. Raghavan, learned Senior Counsel appearing for the
petitioner that the entire action of the 1st respondent is wholly illegal and arbitrary and
is violative of Articles 14, 19 & 21 of the Constitution. His contention is that the
petitioner having obtained the sanctioned plan from the Town Planning Authoirty viz.,
the Bangalore Development Authority and the said plan having been granted strictly in
conformity with the comprehensive development plan and as also the revised master
plan and zonal regulations, followed by the construction already put up by the
petitioner culminating in the grant of occupancy certificate by the BDA. it was
absolutely impermissible for the 1st respondent to subject the petitioner to such
harassment by intentionally refusing to issue the road cutting permission on baseless
and untenable grounds.

10. It is his further contention that the petitioner has not violated any of the
conditions imposed and has in fact, relinquished in favour of the BDA vast extent of
vacant land for the purpose of earmarking the same as park, open space and for road.
It is urged that sale deeds have been executed in favour of various third parties by the
petitioner in respect of most of the apartments and as such third party rights have
been created in respect of the persons who have purchased the various apartments by
raising loans from banks and financial institutions and refusal to grant permission for
road cutting has been causing irreparable injury to the petitioner and the residents
who have occupied premises.

11. He has invited the attention of the Court to Section 505 of the Karnataka Municipal
Corporations Act, to contend that the Corporation is bound to act in conformity with
the Town and Country Planning Act, meaning thereby the master plan and the zonal
regulations and the revised master plan prepared are binding on all the authorities
including the respondent-Corporation and it is not open for the 1st respondent to
contend by relying on a village map that there existed a Nala or a pathway, when in
fact no such Nala or pathway has been shown to have been in existence at the place
with such width in the revised master plan. It is his contention that suitable and
adequate arrangement for roads, storm water drains, culverts have been made in the
revised Master Plan.

12. It is urged by him that there is no power or jurisdiction vested with the 1st
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respondent to enforce the village map ignoring the revised Master Plan and the roads,
streets and other things provided for in the revised Master Plan in the locality. In other
words, according to him, the BBMP had failed to establish that the land was covered
by a Nala and pathway belonging to Government by producing any valid documents in
any proceedings validly instituted before any Court of law.

13. Sri. K.G. Raghavan, learned Senior Counsel has taken me through the provisions
contained under the Karnataka Town and Country Planning Act, particularly Sections
12, 14, 26 and 76. To support his contention that when there is a Master Plan
prepared by the Planning Authority, the same superimposed over any village map that
might have been in existence prior to the area being included in the Comprehensive
Development Plan and the Master Plan prepared and revised. He has further
contended, by referring to Section 61 A of the Karnataka Municipal Corporations Act,
that there is no power vested in the Standing Committee to sit in judgment over the
plan sanctioned by the Planning Authority as all works in private land are being
regulated by the planning authority. The impugned endorsement issued stating that
the Standing Committee is seized of the matter has been attacked as exfacie illegal.
His contention is that once the Planning Authority sanctions the building plan and
permits the construction in terms of the Master Plan prepared and strictly in
conformity with the rules and regulations framed, it will not be open for the
Corporation at the fag end when the entire construction is almost completed, to deny
road cutting permission on the ground that the construction put up was on a pathway
or a Nala as depicted in a village map. He urges that principles of promissory estoppel
applies. Reliance is placed on the judgment of the Apex Court in this regard in the
case of STATE OF PUNJAB v. NESTLE INDIA LTD. - (2004) 6 SCC 465. He has also
relied on the judgment of the Division Bench in the case of H.Y. VIJAYARAGHAVAN v.
MALATHI DAS - 2009 (4) KCCR 2313, to contend that once Master Plan is prepared
and finalized, any change in the same can only be as per Section 14A as interpreted
by the Supreme Court in S.N. CHANDRASHEKAR v. STATE OF KARNATAKA - (2006) 3
SCC 208.

14. He has furnished the list of dates and events starting from the date on which the
application was submitted to the Town Planning Member, Bangalore Development
Authority on 1.2.2006 ranging over various stages through which the entire process of
obtaining the sanction plan, commencement, construction and other activities have
gone on. He therefore contends that the respondents are estopped from alleging that
the petitioners deviated the natural course of storm water drain from the Centre of
their property to the western most periphery.

15. Respondent-BBMP has filed statement of objections. It is contended by him that


apart from diverting the Nala and the natural course of the stream which was running
across the schedule property from North to South, the petitioners have brought down
the size of the passage of the water course, thereby increasing the scope for
unexpected floods. He has further referred to the stand taken by the BBMP that the
joint survey was conducted as requested by the petitioner and it was found that the
petitioner had put up construction on the Nala violating the building bye-laws and the
provisions of the Town and Country Planning Act. The map issued by the revenue
authorities is referred to substantiate that there was a kachcha road and the Nala in
existence in the land in question.

16. The Bangalore Development Authority has not filed any statement of objections.
However, learned Counsel representing the Bangalore Development Authority Mr. M.B.
Prabhakar has sought to justify the action of the BBMP. He has further contended that
though Annexure-C-sketch and map depicting the kharab portion in the land in
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question, its topography is prepared by the survevor attached to the Land Acquisition
office of the Bangalore Development Authority, the said sketch does not seem to
reflect the true state of affairs. He has placed reliance on the decision of the Apex
Court in the case of M.C. MEHTA v. KAMAL NATH (1997) 1 SCC 388.

17. Counsel for the respondent-BBMP contends that the petitioners have not only
disturbed and shifted the natural course of the stream which was running across the
schedule property from North to South passing across National Highway No. 4, but
have also brought down the size of vent way of the water course thereby increasing
the scope of unexpected floods and unwarranted mishap during the rainy season.
According to him, petitioner has closed the natural Nala that was running across the
center of the schedule property in contravention of all the rules and regulations. It is
also urged by them that BBMP had issued a show cause notice to the petitioners
calling upon them to show cause why the building license should not be cancelled.
Petitioner had replied requesting the BBMP to conduct joint survey and the BBMP
obliged and conducted the survey.

18. As the petitioners had contended that the survey had been conducted by the BBMP
behind their back, this Court directed a fresh survey to be conducted by the Surveyor
in the presence of the petitioner and the representatives of the Corporation.
Accordingly, a fresh survey is conducted and a report is filed before this Court. On the
basis of the said report, Mr. Gachchinmath, learned Counsel for the respondent-
Corporation submits that even as per the said survey, it was apparent that the
petitioner had deviated the natural flow of the Nala and also the pathway that was
running in the land.

19. Upon hearing the learned Counsel for the parties and on careful perusal of the
materials on record, the only question that requires to be examined in the instant case
is,

“whether the respondent-Corporation is justified in denying the road cutting


permission to the petitioner to lay underground cable to the residential apartments
constructed by them in the lands in question?”

20. Petitioner has produced along with the rejoinder filed on 22.11.2011, a Revised
Master Plan 2015, and the proposed land use map in respect of the area in question.
The drain passing in the lands in question is indicated with two parallel green lines
under the category Hydrography. The area earmarked in purple colour is shown as
industrial area, whereas the area shown in yellow colour is the residential area. It is
not in dispute that the petitioner has got the area that was earlier reserved for
industrial purpose changed into residential purpose. It is also not in dispute that as
per the Master Plan, its construction is in the area meant for residential purpose
including the portion for which the petitioner got the change of land use from
industrial to residential purpose. Admittedly, there is no other drain, nala or pathway
in the Master Plan to demonstrate that the petitioner had deviated the same for the
purpose of putting up construction. It is also evident from Annexure-C - survey sketch
prepared by the BDA on 03.03.2006 that no Nala or pathway as claimed by the
respondent-Corporation has been shown to be running in the lands in question as is
sought to be projected in the survey sketch prepared by the Surveyor based on the
village map. Annexure-C - Sketch prepared by the BDA is prior to the date on which
the petitioner was granted license.

21. As rightly contended by the Counsel for the petitioner, once the Master Plan is
prepared indicating the existence of roads, drains, streets etc., and particularly the
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Planning Authority at an undisputed point of time had prepared a sketch of the lands
wherein no such passage of Nala in the middle of the property or the existence of
pathway therein was shown, it is not open for the Corporation at such a belated stage
to raise an objection solely based on the village map to contend that the existing Nala
was deviated by the petitioner. It is to be noticed that the draft of the Master Plan
would be published and sent to the Government enclosing the report of the survey
conducted and after taking into consideration all the relevant aspects, the Master Plan
submitted by the Planning Authority viz., BDA for approval and the same is approved.
The BBMP, at no stage had raised any objection nor is there anything to show that
anybody had raised any objection to the contents of the revised Master Plan when the
objections were called for. The Revised Master Plan 2015 has come into effect on
25.06.2007. The Master Plan contains showing of lands, street pattern, areas reserved
for parks, playgrounds and other civic amenities or for public purpose as also areas of
special control and development. In such circumstances the objection raised by the
Corporation at the stage of grant of underground cable connection to the occupants of
the premises is wholly unjustified. Section 505 of the Karnataka Municipal
Corporations Act. 1976, makes it clear that exercise of powers by the Corporation shall
be in conformity with the provisions of the Karnataka Town and Country Planning Act,
1961, with regard to any matter relating to land use or development as defined in the
explanation to Section 14.

22. Section 76M of the Karnataka Town & Country Planning Act, 1961, gives primacy
to all the provisions of the Act over any other provisions of any other law. It is not the
case of the respondents that there is any violation of the usage mentioned in the
Master Plan or the building plan sanctioned and when there is no grievance made
regarding the violations of any set backs or permissible vacant areas to be set part, it
is not understandable how the Corporation can, by referring to a village map deny
permission for road cutting after the petitioner put up construction by investing huge
amount of money. The plan is sanctioned on 23.03.2007. The commencement
certificate and work order has been issued by the BDA followed by the work order, in
such event, how the Corporation can come to the conclusion that the original path or
stream/nala has been deviated and its width is reduced by 10 feet before deviating its
route is not clear.

23. As rightly urged by the learned Counsel for the petitioner. Section 61-A(1) deals
with the power of the Standing Committee. It is not demonstrated how the
Corporation can defer or deny the permission sought for road cutting stating that the
matter is seized by the Standing Committee. Nothing is pointed out regarding the
powers and functions of the Standing Committee to go into this aspect of the matter,
particularly when the complaint is not with regard to the violation of the building plan
or deviation from the usages mentioned in the revised master plan. The Corporation
undoubtedly has to ensure that the existing Nalas and the drains have to be kept
intact and no encroachment is made by any private parties on the same. They have
every right to prevent the obstruction to be caused for free flow of water in the
Nala/drain. The existence of the drain in the instant case is also evident from the
master plan. The survey sketch now prepared now prepared also discloses that the
nala is in existence and the same is constructed on the sites by the petitioner as it
passes by the side of the petitioner's construction. If the width of the nala is reduced
only at the place where the nala passes through the properties of the petitioner and if
the Corporation on expert's opinion finds that the reduced passage would cause
flooding in the area in and around then the best course is to find a solution to the
problem by engaging the petitioner and owners of the area over with the nala passes
for widening the nala in the interest of their own safety and security. The Corporation
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can also resort to other legal measures in this connection. But that does not enable the
Corporation to block the entire project that is either substantially completed, in
respect of some blocks or nearing completion in respect of several others from being
occupied or enjoyed. Such an action is totally arbitrary and unreasonable.

24. The reasons assigned in the impugned endorsement to deny the permission for
road cutting are legally untenable. Interim order passed in the connected writ petition
cannot be a ground to deny the said permission as the interim order passed is
restraining the respondents from in any manner interfering with the peaceful
possession and enjoyment of the schedule property owned by petitioner. The
connected petitions are filed seeking a direction restraining the respondents from in
any manner trespassing on the schedule property belonging to the petitioner and/or in
any manner demolishing or attempting to demolish the construction or any of its
peripheral compound wall or other structures erected by the petitioner on the schedule
property. Now the said writ petition does not survive for consideration in view of the
order passed in this case setting aside the impugned endorsement.

25. For all the aforementioned reasons, W.P. No. 44277/2011 is allowed. The
impugned endorsement is set aside. The Corporation is directed to give permission to
the petitioner for road cutting to lay underground cable in accordance with law,
expeditiously.

———
Disclaimer: While every effort is made to avoid any mistake or omission, this casenote/ headnote/ judgment/ act/ rule/ regulation/ circular/
notification is being circulated on the condition and understanding that the publisher would not be liable in any manner by reason of any mistake
or omission or for any action taken or omitted to be taken or advice rendered or accepted on the basis of this casenote/ headnote/ judgment/ act/
rule/ regulation/ circular/ notification. All disputes will be subject exclusively to jurisdiction of courts, tribunals and forums at Lucknow only. The
authenticity of this text must be verified from the original source.
1
53
ANNEXURE R8

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6TH DAY OF JULY 2022

PRESENT

THE HON’BLE MR. ALOK ARADHE


ACTING CHIEF JUSTICE

AND

THE HON’BLE MS.JUSTICE J.M. KHAZI

W.A. NO.1226 OF 2021 (BDA)


BETWEEN:

M/S. VALMARK DEVELOPERS PRIVATE LIMITED


HAVING ITS REGISTERED OFFICE
AT THE RESIDENCY
19TH FLOOR, NO.133/1
RESIDENCY ROAD, BANGALORE 560 025
REPRESENTED BY ITS MNAGING DIRECTOR
SRI. RATAN LATH.
... APPELLANT
(BY MR. UDAYA HOLLA, SR. COUNSEL FOR
MR. VIVEKANANDA T.P. ADV.,)

AND:

1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKAS SOUDHA, BANGALORE 560 001
REPRESENTED BY ITS SECRETARY.

2. STATE OF KARNATAKA
DEPARTMENT OF REVENUE
VIDHANA SOUDHA, BANGALORE 560 001
REPRESENTED BY ITS SECRETARY.

3 THE DEPUTY COMMISSIONER


BANGALORE URBAN DISTRICT
54 2

KANDAYA BHAVAN
BANGLAORE 560 009.

4. KARNATKAA LAKE CONSERVATION


DEVELOPMENT AUTHORITY
II FLOOR, PARISHARA BHAVAN
NO.49, CHURCH STREET
BANGALORE 560 001
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

5. BANGALORE DEVELOPMENT AUTHORITY


T. CHOWDAIAH ROAD
KUMARA PARK WEST, BANGALORE 560 020
REPRESENTED BY ITS COMMISSIONER.

6. THE TOWN PLANNING MEMBER


BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH ROAD, KUMARA PARK WEST
BANGALORE 560 020.

7. BRUHAT BANGALORE MAHANAGARA PALIKE


N R SQUARE, BANGALORE
REPRESENTED BY ITS COMMISSIONER.

... RESPONDENTS
(BY MRS. VANI H, AGA FOR R1 TO R3
MR. V. RAGHUNATH, ADV., FOR R4
MR. K. KRISHNA, ADV., FOR R5 & R6
MR. K.N. PUTTEGOWDA, ADV., FOR R7)
---

THIS WRIT APPEAL IS FILED U/S 4 OF THE


KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS
WRIT APPEAL SET ASIDE THE ORDER DATED 01.09.2021
PASSED BY THE LEARNED SINGLE JUDGE PASSED IN WP
NO.12942/2020 AND ALLOW THE WP NO.12942/2020 AS
PRAYED FOR.

THIS W.A. COMING ON FOR PRELIMINARY HEARING,


THIS DAY, ACTING CHIEF JUSTICE DELIVERED THE
FOLLOWING:
3
55
JUDGMENT

This intra court appeal has been filed against

order dated 01.09.2021 passed by the learned Single

Judge, by which writ petition preferred by the

appellant has been disposed of with liberty to seek

clarification from the division bench of this court, in

respect of its claim to raise construction without

leaving the buffer zone in and around survey No.4

measuring 3 acres and 16 guntas. In order to

appreciate the appellant's grievance, few facts need

mention, which are stated infra.

2. The appellant who is a builder submitted

an application before the Bangalore Development

Authority (hereinafter referred to as 'the Authority' for

short) on 01.03.2013 seeking sanction of development

plan proposing to construction 554 villaments with a

total built up area of 1,44,184 square meters. The


56 4

Authority in its meeting held on 31.01.2014 decided

to accord approval to the development plan. However,

the work order was directed to be released only after

receipt of information from the Deputy Commissioner

regarding reservation of an area measuring 3 acres 16

guntas of Survey No.4 of Chandrashekarpura Village.

The Authority, thereafter, issued a demand notice

dated 11.02.2014, by which the appellant was asked

to pay a sum of Rs.81,94,800/- as well as to execute a

relinquishment deed in respect of road and parks. The

appellant submitted a modified plan on 18.02.2015

reducing the proposed buildable area to 1,17,303.98

square meters.

3. The State Government in exercise of powers

under Section 71 of the Karnataka Land Revenue Act,

1964 (hereinafter referred to as 'the Act' for short) by a

communication dated 07.08.2015 addressed to the

Deputy Commissioner, Bangalore Urban District


5
57
accorded prior approval for reserving

Chandrashekarpura Tank in survey No.4 measuring 3

acres and 16 guntas for a specific purpose of

development of tree park. The Authority by a

communication dated 09.09.2015 directed the

appellant to execute the relinquishment deed in

relation to park and open spaces, which was executed

by the appellant on 15.09.2015. The Authority

thereafter issued the work order to the appellant on

07.10.2015.

4. The Deputy Commissioner, Bangalore

Urban District passed an order under Section 71 of

the Act reserving Chandrashekarpura Tank area for

development of a tree park and directed to hand over

the same to Bruhat Bangalore Mahanagara Palike

(hereinafter referred to as 'the BBMP' for short). The

BBMP on 22.03.2016 permitted the appellant to

construct the villaments in terms of development plan


58 6

approved by the Authority. The appellant on

23.03.2016 itself applied for approval to the modified

development plan in respect of entire extent of land

measuring 27 acres and 33 guntas and permit

development of 554 villaments. The Lake Development

Authority by a communication dated 20.04.2016

furnished in response to an application under Right

To Information Act, 2005 (hereinafter referred to as

'the 2005 Act' for short) stated that the

Chandrashekarpura Tank on Survey No.4 has lost its

characteristic as tank and the same has been reserved

for tree park.

5. The appellant thereafter submitted a

representation on 24.12.2016 requesting the

Authority for consideration of modified plan in the

light of information furnished by the Lake

Development Authority. Thereafter, the Authority

addressed a communication dated 20.01.2017 to the


7
59
Lake Development Authority making an a reference to

the information furnished under the 2005 Act seeking

clarification as to whether the construction of the

building could be permitted by leaving 16 meters of

buffer zone.

6. The Lake Development Authority by a

communication dated 17.02.2017 informed the Town

Planning Department of the Authority that

Chandrashekarpura Tank is modified to that of tree

park and the area is a Tank and provisions of

Karnataka Conservation and Development of Lakes

Act, 2014 and its Rule as well as the order of National

Green Tribunal (NGT) dated 04.05.2016 and Wet Land

Rules are applicable. In the list of Tanks, the Lake

Development Authority has mentioned that

Chandrashekarpura Tank is reserved, as per orders of

Deputy Commissioner, Bangalore dated 15.01.2015

for development of the park. The appellant submitted


60 8

a representation on 27.02.2018 to the Authority

requesting for consideration of modified development

plan in respect of additional 182 units pointing out

that more than once the authority has clarified about

the status of Tank in question. The authority on

23.05.2019 sought the opinion of the Deputy

Commissioner, Bangalore Urban District about buffer

zone of 30 meters.

7. The Deputy Commissioner, Bangalore

Urban District by an order dated 03.06.2019

communicated to the Authority that Tank in question

has lost its characteristic and the same has been

reserved for development of tree park under Section

71 of 1964 Act. The authority was directed to hand

over the possession to BBMP and it was clarified that

zoning regulations referred to in the letter are not

applicable. The authority by a communication dated

14.10.2019 informed the appellant that there is no


9
61
clarity in the opinion furnished by the Deputy

Commissioner, as to declaration of the tank area as

tree park. The appellant was informed that Revised

Master Plan 2015 and zoning regulation, the appellant

has to provide a buffer zone of 30 meters from the

edge of the Tank and to submit a modified plan. The

appellant assailed the aforesaid communication in a

writ petition, which was disposed of by learned Single

Judge of this court with the liberty to the appellant to

seek clarification from the division bench of this court

with regard to the claim of construction of the

appellant without leaving a buffer zone of 30 meters in

and around land bearing survey No.4 measuring 3

acres and 16 guntas. In the aforesaid factual

background, this appeal has been filed.

8. Learned Senior counsel for the appellant

submitted that the land in question is reserved for the

tree park and is no longer a tank and therefore, the


62 10

impugned communication dated 14.10.2019 directing

the appellant to provide a buffer zone of 30 meters

from the edge of the tank and to submit a modified

plan and arbitrary and suffers from the vice of non

application of mind. It is further submitted that the

prior approval of the State Government has been

accorded and the land has been reserved as tree park.

Learned Senior counsel has invited our attention to

various documents on record. It is also submitted that

State Government after having accorded the

permission for the land in question with the reserve

for tree park cannot take a stand that the same is a

tank.

9. On the other hand, learned Additional

Government Advocate submitted that communication

dated 07.08.2015 is an inter departmental

communication and at no point of time the lake has

been de-classified as tree park and it remains to be so


11
63
in the revenue record. It is further submitted that

land bearing survey No.4 measuring 3 acres and 16

guntas is a dry land and therefore, to avoid

encroachment on the lake, the same has been

reserved as tank. Attention of this court is also

invited to Section 2(g) of Karnataka Tank

Conservation and Development Authority Act, 2014

(hereinafter referred to as 'the 2014 Act' for short). It

is further submitted that in the absence of any

provision under the 1964 Act, the State Government

has no power to de-classify the park.

10. Learned counsel for Lake Development

Authority has submitted that the lake in question has

lost its characteristic as a lake and the same has been

handed over to BBMP to develop the same as tree

park. Attention of this court has also been invited to

the report submitted by the Lake Development

Authority and it has been pointed out that the land in


64 12

question as reserved as tree park. Learned Counsel for

the Authority has supported the stand taken by the

Additional Government Advocate.

11. We have considered the rival submissions

made on both sides and have perused the record.

Section 71 of the 1964 Act enables the Deputy

Commissioner to assign the land for special purposes

and when they are so assigned, shall not otherwise be

used without sanction of the Deputy Commissioner.

However, the aforesaid order is subject to general

orders of the State Government. Section 71 of the

1964 Act reads as under:

71. Lands may be assigned for special


purposes and when assigned, shall not be
otherwise used without sanction of the
Deputy Commissioner.—Subject to the
general orders of the State Government,
Survey Officers, whilst survey operations
are proceeding under this Act, and at any
other time, the Deputy Commissioner, may
13
65
set apart lands, which are the property of
the State Government and not in the lawful
occupation of any person or aggregate of
persons in any village or portions of a
village, for free pasturage for the village
cattle, for forest reserves or for any other
public purpose; and lands assigned
specially for any such purpose shall not be
otherwise used without the sanction of the
Deputy Commissioner; and in the disposal
of lands under section 69 due regard shall
be had to all such special assignments.

12. The relevant extract of the communication

dated 07.08.2015 sent by Principal Secretary to the

Revenue Department, Government of Karnataka to

Deputy Commissioner, Bangalore Urban District,

Bangalore reads as under:

In view of the same, I am directed to


inform that, prior approval of the
government is hereby accorded reserving
the park/plantation for the specific purpose
of forming park/plantation as per Section
66 14

71 of Karnataka Land Revenue Act, 1964


and to transfer the said Lake land to BBMP,
subject to the following conditions:

Thereafter, the Deputy Commissioner by an

order dated 15.10.2015 has passed an order under

Section 71 of the 1964 Act reserving the land for the

purposes of park / plantation. The relevant extract of

the order is reproduced below for ready reference.

It is hereby ordered, reserving


government land measuring 3-16 acres in
Survey No.4 of Chandrashekharapura
village, Begur Hobli, Bangalore South Taluk
for the purpose of Park/Plantation as per
Section 71 of Karnataka Land Revenue Act,
1964 subject to the following conditions:

12. From perusal of revenue records of houses

and vacant lands maintained by BBMP, it is evident

that land measuring 3.16 acres of survey No.4 has

been recorded in the name of BBMP. In the list of


15
67
lakes prepared by Karnataka Lake development

Authority , it is evident that in the aforesaid list also

Chandrashekarapura Lake has been shown as

reserved for development of tree park. The land

bearing Survey No.4 measuring 3 Acres and 16

Guntas cannot be used for any other purpose and

from perusal of the order dated 15.10.2015 passed by

the Deputy Commissioner, the land is directed to be

protected by putting up a barbed wire fencing to

protect the trees and to prevent encroachment.

13. It is also pertinent to note that in the Master

Plan-2015 land bearing Survey No.4 measuring 3

Acres and 16 Guntas has been shown to be reserved

for residential purposes. For the aforementioned

reasons, there appears to be no justification for the

Authority to contend that the land in question is a

lake and the appellant is required to set apart a buffer

zone of 30 meters and to obtain a modified


68 16

development plan. The impugned communication

dated 16.10.2020 and communication dated

17.02.2017 are hereby quashed. The Authority is

directed to approve the modified development plan,

treating land bearing Survey No.4 measuring 3 Acres

and 16 Guntas to be a land earmarked for the

purposes of a tree park. The BBMP shall issue a

building plan and the license.

Accordingly, the appeal is disposed of.

Sd/-
ACTING CHIEF JUSTICE

Sd/-
JUDGE

SS
ANNEXURE R9
69
70
71
72
ANNEXURE R10
Revised Master Plan 2015
BANGALORE
2007

Volume – III

ZONING OF LANDUSE AND REGULATIONS


(Approved by Govt vide G.O. No UDD 540 BEM AA SE 2004,
Dated: 22 – 06 - 2007 as part of the Revised Master Plan 2015)

BANGALORE DEVELOPMENT AUTHORITY,

0
73
BANGALORE

ABBREVIATIONS

BDA Bangalore Development Authority


BEL Bharat Electronics Limited
BBMP Bruhat Bangalore Mahanagara Palike
BMTC Bangalore Metropolitan Transport Corporation
BPO Business Process Outsourcing
BSUP Basic Services for Urban Poor
BT Bio Technology
BWSSB Bangalore Water Supply & Sewerage Board
CDP Comprehensive Development Plan
CITB City Improvement Trust Board
CMC City Municipal Council
CPS Coordinated Planning Scheme
EWS Economically Weaker Section
FAR Floor Area Ratio
IT Information Technology
KHB Karnataka Housing Board
KIADB Karnataka Industrial Area Development Board
Lpcd Litre per Capita per day
MPVR Master Plan Vision Report
MLCP Multi level Car Parking
NH National Highway
PRR Peripheral Ring Road
R&D Research & Development
RMP Revised Master Plan 2015
Rs Rupees
SH State Highway
TDR Transferable Development Rights
TGR Tippagondanahalli Reservoir
TMC Town Municipal Council
ZR Zonal Regulations

1
74

TECHNICAL TERMS AND DEFINITIONS

The following terminology is adopted:

1. Amalgamation: Combining two or more plots as a single plot.

2. Amenities: Means roads, open spaces, parks, recreational grounds, gardens, water
supply, electric supply, lighting, sewerage, drainage and conveniences.

3. Apartment: Means one or two buildings containing or meant for multifamily dwellings
and contains more than four units in a building.

4. Auditorium: Premises having an enclosed space to seat audience and stage for various
performances such as concerts, plays, music, etc.

5. Authority: Authority means Bangalore Development Authority

6. Boarding house (service apartment): is a premise in which rooms are let out on a long
term basis as compared to hotels.

7. Bifurcation: Means bifurcation of a plot into two.

8. Bus depot: A premises used by Public transport agency or any other agency for parking,
maintenance and repair of buses. This may or may not include the workshop.

9. Building line: Means the line up to which the plinth of a building may lawfully extend
within the plot on a street or an extension of a street. No overhead projections are
allowed beyond the building line.

10. Building setback: Minimum distance between any building or any structure from the
boundary line of the plot.

11. Bus terminal: A premises used by public transport agency to park the buses for short
duration to serve the population. It may include the related facilities for passengers.

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75
12. Clinic: A premises used for treatment of outdoor patients by a doctor. In case of poly
clinic, it shall be managed by a group of doctors

13. Clinical laboratory: A premises used for carrying out various tests for diagnosis of
ailments.

14. Community hall: Premises having enclosed space for various social and cultural
activities without any cooking facility.

15. Corner site: Means a site at the intersection of two roads and facing two or more
roads /streets.

16. Development Plan:


ƒ Residential development plan: Plan containing proposal for construction of one or
more residential buildings on a plot measuring more than 20,000 sq m in extent.
ƒ Non Residential development plan: Plan containing proposal for construction of one or
more commercial buildings on a plot size measuring more than 12,000 sq m in extent.

17. Dharmashala: is a premise where temporary accommodation for short duration is


provided on non profit basis.

18. Drains: The drains have been categorized into 3 types namely primary, secondary and
tertiary. These drains will have a buffer of 50, 25 and 15m (measured from the centre of
the drain) respectively on either side. These classifications have been used for the drains
newly identified while finalizing the RMP 2015.

19. Dwelling unit: Used primarily to describe the equivalent household in buildings.

20. Frontage: Frontage means the width of the site abutting the access road.

21. Gas godown: Premises where cylinders of cooking gas are stored.

22. Guest house: is a premise for housing the staff of Government, semi government, public
undertaking and private limited company for short duration.

23. High density development: This includes star hotels, shopping malls, multiplexes,
commercial complexes, IT and BT.

24. Height of building: Means the vertical distance measured, in the case of flat roofs, from
the average level of the ground around and contiguous to the building up to the highest
point of the building and in case of pitched roofs, up to the point where the external
surface of the outer wall intersects the finished surface of the sloping roof, and in case of
gables facing the road, the mid point between the eaves level and the ridge.

3
76

25. High rise building or Multi-Storeyed Building: Means a building of a height of 24


meters or more above the average surrounding ground level.
26. Hospital: A premises providing medical facilities of general or specialized nature for
treatment of indoor and outdoor patients.
27. Hotels: A premises used for lodging on payment with or with out boarding facilities.
28. Integrated residential schools: A premises having educational and playing facilities for
student’s up to XII standard. It shall have boarding facilities and may have residence for
faculty members.
29. Junk yard: Premises for covered, semi covered, or open storage including sale and
purchase of waste goods, commodities and materials.
30. Kalyana Mantapa: Premises where marriages, social and religious functions are
conducted with cooking facilities.
31. Lodging house: is premises used for lodging on payment.
32. Mezzanine floor: Means intermediate floor between ground floor and first floor only.
The area of the mezzanine floor shall not exceed 1/3 rd of covered area of ground floor.
33. Nursing home: A premises having medical facility for indoor and outdoor patients,
having up to 30 beds, it shall be managed by a doctor or a group of doctors on
commercial basis.
34. Park: A premises used for leisure, recreational activities, it may have a related
landscaping, parking facilities, public toilet, fence etc. It includes synonyms such as
lawn, open space, green, etc.
35. Playground: A premises used for outdoor games, it may have on it landscaping ,
parking facilities, public toilet, etc
36. Recreational club: Premises used for assembly of a group of persons for social and
recreational purposes with all related facilities
37. Repair shop: A premises similar to retail shop for carrying out repair of household
goods, electronic gadgets, automobiles, cycles, etc.
38. Retail shops: A premises for sale of commodities directly to consumer with necessary
storage.
39. Restaurant: A premises used for serving food items on commercial basis including
cooking facilities, with covered or open space or both having seating arrangements.
40. Stilt Parking: Building constructed with stilt area of non habitable height(less than
2.4mtrs), used for parking.
41. Whole sale: a premises where goods and commodities are sold, delivered to retailers, the
premises include storage / godown, loading and unloading facilities.
42. Villa: An independent house /dwelling on a given plot.

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77
TABLE OF CONTENTS PAGE NO.

List of tables .................................................................................................................. 7


Framework and Objectives of the Vision Document ............................................... 8

Chapter 1: Introduction ...............................................................................................9


1.1 Spatial extent of land use zoning regulations 9
1.2 Land use zone categories 9
1.3 Zonal boundaries and interpretation 10

Chapter 2: List of Land Use categories permissible in various zones ................... 11

Chapter 3: Regulations applicable to all zones .........................................................19

Chapter 4: Regulations for main land use Zones..................................................... 26


4.1. Residential (Main) 27
4.2. Residential (Mixed) 28
4.3. Commercial (Central) 30
4.4. Commercial (Business) 31
4.5. Mutation Corridors 32
4.6. Commercial Axes 33
4.7. Industrial (General) 34
4.8. Industrial (Hi-Tech) 35
4.9. Public and Semi Public (P&SP) 36
4.10 Traffic and Transportation (T&T) 37
4.11 Public Utilities (PU) 38
4.12 Park and Open Space (P) 39
4.13 Agricultural Land (AG) 40
4.14 Unclassified (UC) 41

CHAPTER 5: Planning Perimeters & Schemes ...................................................... 42

CHAPTER 6: Subdivision regulations 43

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78
CHAPTER 7: Regulations for Residential and Non Residential Development Plan
7.10 Regulations for Residential Development Plan 45
7.20 Regulations for Non Residential Development Plan & Flatted
Factories 46

CHAPTER 8: Parking Requirements and Norms …………………………….. 48


CHAPTER 9: Fire protection Requirements & Safety Measures against
Earthquake .……………………… 50
CHAPTER 10: Transfer of Development Rights (TDR) ………………………. 53
APPENDIX I: Building lines specified for various Roads 57
APPENDIX II: Affidavit to be submitted by the Architect/Engineer/Planner… 60
APPENDIX III: TDR application format. 61
APPENDIX IV: DRC register format. 62
APPENDIX V: Undertaking by the applicant. 63
APPENDIX VI: Affidavit to be given by the owner. 64
APPENDIX VII : DRC utilisation form. 65
APPENDIX VIII: Development Rights Certificate. 68

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LIST OF TABLES

Table 1: Permissible land uses in Residential Category


Table 2: Permissible land uses in Commercial Category
Table 3: Permissible land uses in Industrial Category
Table 4: Illustrative list of uses in the Industrial (I-1) category
Table 5: Permissible land uses in Transportation Category
Table 6: Permissible land uses in Public and Semi public category.
Table 7: Space standards for various buildings/uses
Table 8: Setbacks for building up to a Height of 11.5 m & Plot size of up to 4000sq.m
Table 9: Setbacks for buildings above 11.5 m height
Table 10: FAR and Ground Coverage in Residential (Main)
Table 11: Plot Size and Ancillary uses permissible in Residential (Mixed)
Table 12: FAR and Ground Coverage in Residential (Mixed)
Table 13: FAR and Ground Coverage in Commercial (Central)
Table 14: FAR and Ground Coverage in Commercial (Business)
Table 15: FAR and Ground Coverage in Mutation Corridors
Table 16: FAR and Ground Coverage in Industrial (General)
Table 17 FAR and Ground Coverage in Industrial (Hi-Tech)
Table 18: FAR and Ground Coverage in Public and Semi public
Table 19: FAR and Ground Coverage in Traffic and Transportation
Table 20: FAR & Ground coverage for Residential Development Plan on a sital area of
above 20,000sqm.
Table 21: FAR & Ground coverage for Non Residential Development Plan and Flatted
factories on a sital area of above 12,000sqm
Table 22: FAR and Ground coverage for Integrated Township.
Table 23: Parking requirements
Table 24: Fire protection requirements—Width and number of exits for various occupancies.
Table 25: TDR utilization table for deferent zones.
Table 26: Building lines specified for various roads

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80

FRAMEWORK AND OBJECTIVES

The Revised Master Plan 2015 vision document envisages a compact, balanced and
equitable, urban growth for the city. In order to guide such growth, the Revised Master Plan
2015 uses the proposed land use Plans and zonal regulations.
Zonal Regulations are an integral part of the Revised Master Plan - 2015 and are required to
be read with the Proposals as detailed in proposed land use plans.
The Local Planning Area is delineated into 47 planning districts, based on planning
parameters.

OBJECTIVES
The key objectives of Zoning Regulations are:
a. To Safeguard Public Interest.
b. To be Realistic and Anticipatory.
c. To be Flexible and Responsive.

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CHAPTER 1: INTRODUCTION

1.1 Spatial extent of land use zoning regulations

The regulation applies to the Bangalore Metropolitan Area, also defined as the Local
Planning Area (LPA) for the city of Bangalore and its environs as declared under KTCP Act,
1961.

The provisions of this document are to be read along with the relevant planning district plans
of Revised Master Plan 2015, applicable to various areas of the city. The zone delineation
and the permissible land uses within zone and respective regulations for land use are properly
co-related to achieve orderly growth.

The regulations proposed are prospective. The developments that are lawfully established
prior to the coming into force of zonal regulations shall be allowed to continue as non
confirming uses.

1.2 LAND USE ZONE CATEGORIES


A. The entire Local Planning Area is conceptually organized into three main Rings for
consideration of zoning and regulations.
i. Areas coming within the Core Ring Road : Ring I
ii. Areas coming between the Core Ring road and the Outer Ring Road: Ring II
iii. Areas coming beyond the Outer Ring Road and within the LPA: Ring III
iv. The above rings are equivalent to Zone-A, Zone-B and Zone-C for TDR Purposes

B. Classification of Land use zones:


ƒ RESIDENTIAL (R)
ƒ COMMERCIAL (C)
ƒ INDUSTRIAL (I)
ƒ PUBLIC AND SEMI PUBLIC (P&SP)
ƒ TRAFFIC AND TRANSPORTATION (T&T)
ƒ PUBLIC UTILITIES (PU)
ƒ PARK AND OPEN SPACE (P)
ƒ UNCLASSIFIED (UC)
ƒ AGRICULTURE LAND (AG)

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1.3 Zonal boundaries and interpretation
The exact location and specific regulations applicable for a particular zone is to be verified
from the Proposed Land Use Zoning Plans.
The zonal boundary is usually a feature such as a road, valley, village boundary, etc and
includes the immediate inner edge of the area.
Certain restrictions imposed by competent authorities are to be maintained as “buffers” for
various utilities such as power, oil, etc and are marked on the proposed land use plans. The
NOC for the same shall be sought, if necessary.
The planning perimeters such as area improvement perimeter, transport and utilities
perimeter, etc. shown in RMP2015 refer to indicative areas in the city that need to be dealt
with detailed action plans and they serve as mere informative tool on the Plans.
Generally, in case of uncertainty as regards the boundary or interpretation, it shall be referred
to the authority for final decision.

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83
CHAPTER 2.0: LIST OF LAND USE CATEGORIES PERMISSIBLE IN VARIOUS
ZONES

Various land uses permissible within each zone are listed below.
• Land uses are grouped according to the nature and intensity of use in an ascending
manner. For e.g.: C-4: indicates C= Commercial and 4 the order within the category. The
C-4 list includes all land uses permissible specific to C-4 and the lower order uses of C-
3, C-2, and C-1 unless specifically mentioned.
• The various codes used include:
• R: Residential
• C: Commercial: C-1 to C-6
o I: Industrial: I-1 to I-4
• T: Transportation: T-1 to T-4
• U: Public and Semi Public: U1 to U4.

• Though the various uses are listed, the corresponding space standards for buildings/uses
are to be referred. The two main parameters are minimum size of Plot and the Minimum
width of Road.

Table 1: Permissible Land uses in Residential category

R Residential land uses


1. Plotted residential developments

2. Villas, semi detached houses

3. Apartments, Hostels, Dharmashala


Multi Dwelling Housing, Service Apartments.
4.
Group Housing ( Development Plans )
5.

Note: When service apartments are permitted, fee under section


18 of KTCP Act, 1961 for commercial use shall be levied.

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Table 2: Permissible Land uses in Commercial Category
C1 Commercial Uses C3 Commercial Uses
Petty shops, Newspaper, stationery and milk booth, vulcanizing 1 Commercial and corporate offices
1 shops 2 Retail Shopping complexes
2 Tutorial centers not exceeding 50 sq.m 3 Restaurants and Hotels
3 STD/ FAX/internet centre/ ATM centers 4 Convention centers and banquet halls
4 Hair dressing and beauty parlors 6 Financial institutions
Offices/ clinics belonging to “Professional services" category and self 7 Cinema and multiplexes
5 owned not exceeding 50 sq.m 8 Places of assembly, exhibitions centers
6 Tailoring, dry cleaners 9 Entertainment and amusement centres.
7 Bakery and sweetmeat shop 10 Hospitals and specialty hospitals
Automobile repair and garage centers , spares and
8 Pathological labs.
11 stores
9 Recreational Clubs as per Table.7 provisions
12 All uses of C1 & C2 are permitted

C2 Commercial Uses
1 Eateries such as darshinis, tea stalls, and takeaways
2 Gyms, orphanages, old age homes clinics C4 Commercial Uses
3 Retail shops & hardware shops 1 Sale of second hand junk goods , junk yards
4 Banks, ATMS, insurance and consulting and business offices 2 Warehouses and storage areas for goods
5 Mutton and poultry stalls, cold storages 3 Whole sale and trading
Job typing/ computer training institutes, cyber café, internet 4 All uses of C1, C2 & C3 are permitted
6 browsing.
Uses for small repair centers- electronic, mechanical , automobile,
7 etc
8 Photo Studio
C5 Commercial Uses
9 Nursing homes and poly clinics/ dispensaries /labs subject to 1 Wholesale and warehouses -business
minimum 300sq.m plot size and NOC from pollution control board 2 Agro Mandis
after adequate parking facility is provided. 3 Heavy goods markets
10 Fuel stations and pumps, LPG storage (as per Table.7) 4 All uses of C1, C2, C3 & C4 are permitted
11 Kalyana mantaps as per Table.7
12 All the uses of C1 are permitted

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Table 3: Permissible land uses in Industrial Uses Category

I-1 House hold industries


1 Tiny and household industries
Above Uses are permitted subject to condition that the zone permits I-2 Service industries
the extent of area and the power consumption does not exceed 5 KW. 1 R & D labs , Test centers , IT, BT , BPO activities
The activity follows the required space standard given in Table.7 2 All uses included in the I-1 category
Note: The power required for air conditioners, lifts & computers
shall be excluded while calculating the kilowatt above.
Illustrative list as in table.4

I-3 Light Industries


1 All uses in I-1 and I-2 included
Uses permitted subject to condition that the zone permits the extent I-4 Medium Industries
of the area and power consumption, the activity follows the required 1 All uses of I-1, I-2 & I-3 included
space standard, performance characteristics such as 2 Warehousing, loading and unloading platforms to be provided
Noise, Vibration, Dust, Odour, Effluent, General nuisance Uses permitted subject to condition that the zone permits the extent
of the area and installed power and performance characteristics such as
I-5 Heavy Industries Noise, Vibration, Dust , Odour, Effluent, General nuisance are to be
1 All uses of I-1, I-2, I-3 & I-4 are included considered
2 Hazardous industries and heavy manufacturing industries

Uses permitted subject to condition that the zone permits the extent
of the area and installed power and performance characteristics such a
Noise, Vibration, Dust , Odour, Effluent, General nuisance are to be
considered

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Table 4: Illustrative list of uses in the Industrial (I-1) category:
I-1. Industrial land uses
1) Food products 5) Other works such as
Preparation of bakery products & confectionaries, Ornamental jewellery, gold and silver thread,
Candies, sweets, ice & ice creams, Biscuit making, huller and flour mills, Repair of kitchen related equipments, Porcelain wares,
Aerated water and food beverages. Medicines, wax polishing, & washing soaps, candles and wax products,
Supari and masala grinding, Chalk, crayons, and artists colour, Musical instruments
Coffee powder , packing, milk and dairy products, Laundries, bleaching, dyeing, Photo processing laboratories
Juice crushers and processing, etc Cement moulded products, Plaster of Paris,
Repacking/ mixing of liquids, powder, pastes, not involving hazardous
materials, etc
2) Textile products
Embroidery works, handloom and power looms, 6) Tobacco and Agarbathis
Hosiery, netted garments, crepe, cotton and silk printing, tailoring of
apparels. Rolling of Beedis, Agarbathis and packing, etc
Bedding material, textile bags, mosquito nets, others;
7) Leather products
3) Wood products and carpentry Manufacture and repair of finished leather goods
Manufacture of wooden furniture, fixtures, toys, mirrors & photo frames Upholstery, suitcases, etc
Bamboo and cane furniture works, Repair and sale of wood junk, etc
8) Rubber and plastic products
4) Paper products and printing Re treading , recapping and vulcanizing, toy making,
Manufacturing of cartons for packing, Rubber/polymer stamp,, brush making, conduit pipes fabrication,
Printing, publishing, book binding, engraving , etching buckets and household plastic products.
Making of stationery - post cards, mathematical items, block making, etc Manufacturing of rubber balloons, hand gloves, other products

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… Continuation from Table.4

I-1. Industrial land uses


9) Metal works 10) Electrical goods
Storage of Metal commodities, Painting and finishing works Watch repairs, Storage of electronic components
Fabrication and welding works Rewinding and re-furbishing works, assembly of computers , others
Toy making, electro plating, mica plating,
Engraving, steel ware products and metal works, 11) Transport equipment
Metal polishing, general jobbing machine Servicing of automobiles- garages, storage of automobile parts
Blacksmith, cutlery, door and window fittings, Painting and washing works, cycle parts and accessories, etc
Aluminum and copper wire drawing and winding,
Padlocks and pressed locks, button clips, 12) Glass works
Precision instruments of all kinds, screws, bolts nuts, Glass grinding, cutting and finishing
Pulleys and gears, oil stove, pressure lamps, hand tools Etching and art works, Manufacture and repair of spectacles
Repair works such as cabinets, furniture, others Artificial Glass Jewellery works, etc

13) Job oriented Training activity


Computer & IT training centres and such other activities.

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Table 5: Permissible Land uses in Transportation Category

T3 Transportation zone
T1 Transportation zone
1 Automobile spares and services, Godowns,
1 Bus bays, Auto stand, Bus shelters, information kiosk Loading and unloading platforms (with/without Cold
2 Metro stations, parking areas 2 storage facility), weigh bridges.
3 Multi level car parking 3 Bus terminals, Road transport uses
4 Filling stations, service stations 4 All uses of T1 & T2 are permitted

T4 Transportation zone
T2 Transportation zone
1 Ware houses, Storage depots
1 Transport offices
2 Truck terminals
2 Workshops and garages
3 Railway station, Yards, Depots, Airport
3 All uses of T1 are permitted
4 Special warehousing, cargo terminals.
All ancillary ( complimentary ) uses for above
5 categories(decision of the authority shall be final)
6 All uses of T1, T2 & T3 are permitted

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Table 6: Permissible land uses in Public and Semi Public category

U1 Urban amenities
1 Sub offices of utilities up to 50 sq.m U3 Urban amenities
2 Police stations, post offices 1 All uses of U1 and U2 are permissible.
3 Primary schools subject to space standards Higher primary schools, Integrated Residential
2 Schools.
5 Parks, Play grounds and Maidans
6 Telecommunication /microwave under special case 3 Health centers and Hospital.
7 Nursery crèches 4 Research institutions subject to the size
Spastic Rehabilitation centers , Orphanages, Govt Government buildings, auditoriums, cultural
8 dispensaries 5 complexes,
9 Public distribution system shops
6 Educational Institutions , Colleges
10 Fire stations
11 Bill collection centers
12 Traffic and Transport related facilities
U4 Urban amenities
13 Places of worship, Dharmashala, hostels
4 Places of congregation 1 All uses of U1, U2, and U3 are permissible
14 Dhobi Ghat
15 Broadcasting and Transmission stations 2 Meteorological observatories
16 Public library 3 Airport and ancillary uses

U2 Urban amenities
1 All uses of U 1 are permissible.
2 Burial grounds, crematorium under special
circumstances.
3 Nursery school subject to a plot size of min 300 sq.m

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Table.7: Space standards for various buildings/uses

Min. road Minimum. Size of


Sl. No. Common to all permissible zones width plot in sq.m
1 Kalyana Mantaps 18 1000
Cinema, game centres,
2 Multiplex, convention centres. 18 2000
3 Social clubs and amenities 12 1000
3 Multi storey car parking 12 1000
4 Office buildings (C3 and above) 12 300
5 Middle school 15 2000
High school with play ground, Integrated
6 Residential School 18 5000
7 College & higher educational institution 18 2500
8 Petrol pumps/Fuel stations 18 500
9 Hotels and lodges, 12 500
10 Service Apartments. 18 500
11 LPG storages 12 500
12 Places of congregation 12 500
13 Public libraries 12 300
14 Conference hall 15 500
15 Community hall 12 1000
16 Nursing homes/ polyclinics 12 300
17 Star hotels (up to 3 star within I ring ) 12 2000
Star hotels (up to 3 star ) in II
18 and III ring 15 2000
Star hotels (above 3 star)
19 Anywhere within conurbation. 15 4000
20 R & D lab 15 1500

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CHAPTER.3.0: REGULATIONS APPLICABLE TO ALL ZONES

3.1 SETBACKS:
Front and Rear setback shall be with reference to depth of the site.
i. The left and right setback shall be with reference to width of the site.
ii. Up to 11.5 m height, the setbacks are calculated as percentages of depth and width of
the plot, as per Table.8.
iii. Table.9 shall be referred for Buildings which are more than 11.5 m in height to fix the
setbacks.
iv. In case of irregular plots, the setbacks are to be calculated according to the depth or the
width at the point where the depths or widths are varying and average setbacks shall not
be considered in such cases.
v. The setbacks shall be provided in the owners plot. Public open spaces or conservancies
should not be considered as setbacks.
vi. Wherever the building lines are fixed, in such cases the front setback or the building
line which ever is higher shall be considered as the front setback to the building.
vii. In case of corner site, both the sides facing the road shall be treated as front side and
regulations applied accordingly to maintain the building line on these roads and for
providing better visibility.
viii. In case of building facing more than two roads, the plot should be considered as corner
plot taking two wider roads into consideration.
ix. In case of site facing roads both in front and rear, both the sides facing roads shall be
treated as front and other two sides not facing roads should be treated as right and the
setbacks be applied accordingly.
SETBACKS :
Table 8: Setbacks for building Height up to 11.5m & Plot size of up to 4000sq.m

Width of site Depth of site


Width/Depth of site ( m ) Right side Left side Front side Rear side
Up to 6.0 1.0 m 0 1.0 m 0
Above 6.0 up to 9.0 1.0 m on all sides
Above 9.0 m 8% 8% 12% 8%

ƒ For plot over size of 4000 sq.m, a minimum setback of 5.0 m on all sides shall be
insisted.

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Table 9: All around setbacks for buildings above 11.5 m height

Front, rear and side setbacks


Sl. No. Height of the bldg (m)
(Min. in m)
1 Above 11.5m up to 15m 5.00
2 Above 15 m up to 18.0 m 6.00
3 Above 18.0 up to 21 .0 m 7.00
4 Above 21 up to 24 m 8.00
5 Above 24.0 m up to 27.0 m 9.00
6 Above 27 up to 30.0 m 10.00
7 Above 30 up to 35.0 m 11.00
8 Above 35 up to 40.0 m 12.00
9 Above 40 up to 45.0 m 13.00
10 Above 45 up to 50.0 m 14.00
11 Above 50.0m 16.00

3.2 Width of the road:


i. While determining the width of the road the distance between the boundaries of a road
including foot path, drains measured at right angles at the center of the plot.
ii. In case of roads having service roads in addition to the main roads, the width of the
roads shall be aggregate width of service roads and main roads for determining the
FAR.

3.3 Floor:
The lower surface of storey on which one normally walks into the building; the general term
floor does not refer to basements / cellar or mezzanine floor.
i. Floor area for calculating Parking requirements: Floor area shall be the aggregate
area of all the floors of a building including thickness of wall, staircase room, lift room,
escalators, balconies, lobbies, corridors, foyers, and such other parts provided for
common service.

3.4) FAR or Floor Area Ratio

i) The ratio of the Floor area to the plot area is FAR. However, it includes escalators, open
balconies, staircase and corridors.
ii) The floor area ratio shall exempt the floor area used for purposes such as parking space,
main stair case room, lift shaft, lift wells, and lift machine rooms, ramps, ventilation ducts,
sanitary ducts and overhead tanks.
iii) When the site does not face the road of required width noted against each, then the FAR
applicable to the corresponding width of the roads shall apply.

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iv) Where a plot faces a wider road than the one prescribed against it, the FAR shall be
restricted only to the limit prescribed for the area of the plot.
v) Additional FAR: With a view to encourage redevelopment in old/core areas, additional
floor area ratio(FAR) as an incentive is proposed for properties located within I & II
rings(lands falling under 100 & 200 series planning district plans) which are amalgamated or
reconstituted only after the date of approval of Revised Master Plan 2015. Details of
additional FAR are as follows;

Up to 360 sq.m Above 360 sq.m up Above 4000 sq.m


to 4000 sq.m
Ring .1 As per existing FAR 0.25 additional FAR 0.50 Additional FAR
over the existing over the existing.
Ring .2 As per existing FAR 0.25 Additional FAR
over the existing.
Ring .3 As per existing FAR and Norms

3.5) Ground coverage:


The total area covered by building immediately above the plinth level. Swimming pool, sump
tank, pump house and electric substation, utilities are not included.

3.6) Two or more buildings on the site:


i. For more than one building on a given site, the distance between the buildings shall be
1/2 the height of the tallest building, between the buildings under consideration.
ii. In case, two or more buildings with different heights are proposed on a single site, then
setbacks shall be applied with reference to the tallest building.

3.7) Garage:
i. The maximum width of the garage shall not exceed 4m.
ii. The garages shall not be constructed or reconstructed within 4.5m from the road edge.
This may be relaxed in cases where the garage forms part of the main building with
minimum setback for that plot.
iii. The length of garage shall not exceed 1/3 rd the length of the site but not exceeding 8.0
m in any case.
iv. In case of lumber room being proposed within the portion of the garage, the depth of
the lumber room shall not exceed 1.25 m and entrance to such lumber room shall be
from the rear setback only.
v. In the case of corner plots the garage shall be located at the rear corner diagonally
opposite to the road intersection.
vi. For garage, no side or rear setback should be insisted , one upper floor not exceeding
3.0 m height shall be permitted provided, no opening are provided towards
neighbouring property and at least one opening for light and ventilation is provided
towards the owners property.
vii. The garage may be allowed in right or left side of the plot subject to site conditions.

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3.8) Means of access:
i. The means of exclusive access which would be other than through public roads or
streets shall not be more than 30.0 m in length from the existing public road and the
minimum width of such access shall be 3.5 m. If the width of access road is less than
3.5 mtrs, then max floor area permitted in such cases shall not exceed 150 sq mtrs and
50 sq mtrs in residential and commercial zones respectively irrespective of the sital
area.
ii. FAR and height of the building shall be regulated according to the width of public
street or road only.
iii. The means of exclusive access which would be other than through public roads or
streets having more width than the public road or street, but less than 30.0 m in length,
then width of the public road or street shall be considered for reckoning FAR.
iv. Access rights needs to be obtained before applying for any sanction/permission for
development. Documents to support the rights obtained needs to be submitted along
with the plan.

3.9) Basement:
i. Means storey which is partly or wholly below the average ground level and with a
height not exceeding a projection of 1.2 m above the average ground level and overall
height of the basement under any circumstances should not exceed 4.5 m between the
floor and the ceiling of the basement in case of normal parking. In case of stacked/
mechanical parking the height of the basement may be permitted up to a maximum of
4.5m
ii. If a site is measuring less than 200sqm, then car parking shall not be permitted in the
basement floor.
iii. If the minimum setback is more than 2.0 m, then the basement may be extended on all
sides except the side abutting the road, provided the minimum setback between the
basement and property boundary is minimum 2.0 m.
iv. Basement floors up to a maximum of 5 (five) levels may be permitted for car parking.
v. Permissible uses in the Basement for buildings other than 3 star and above category:
• Dark rooms for X ray and storage of light sensitive materials
• Bank Safes/ Strong room included in the FAR
• Air condition handling units/equipment, utilities and services connected with
the building.
• Parking
vi. In case of 3 star and above category of hotels, the spare area in the basement after
catering to the requirement of parking facilities may be allowed to be used for other
purposes incidental to the running of the hotel, such as; health club, shopping arcade,
dining area, with or without kitchen facilities, with gas cylinder, administrative office,
gym rooms, banquet/conferencing facility, swimming pool, discothèque etc. subject to
reckoning of the same for FAR calculations.
vii. Parking area if misused is liable to be municipalised/taken over by the local
body/authority without any compensation.
viii. Basement in a residential building shall be allowed without taking into FAR
calculations subject to the condition that it will be used only for the purposes of Home
Theater or Gym or a combination of both for personal use of the occupant on a site

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which does not exceed 500sqm and should be in Residential (Main) area as per Revised
Master Plan 2015. In such cases, it should be single dwelling unit only and the entry to
the basement shall be from inside the main building itself.
ix. When Basement is used for Car parking, the convenient entry and exit shall be
provided. Adequate drainage, ventilation, lighting arrangements shall be made to the
satisfaction of the authority.

3.10) Ramps
i) Provision for ramp shall have a minimum width of 3.5 m and a slope of not less than 1 in
10 and 1 in 8 in special cases. The ramp and the driveway in the basement shall be
provided after leaving a clear gap of minimum 2.0 m from the common property line. The
slope of the ramp shall commence from 1.5 m of the edge of property line.
ii) Ramps for the physically challenged shall be provided in all Public buildings.

3.11) Projections:
i. Projection into open spaces: Every open spaces provided either interior or exterior shall be
kept free from any erection there on and shall be open to the sky and no cornice roof or
weather shade more than 0.75 m wide or 1/3 rd of open space/setback which ever is less
shall overhang or project over the said open space.
ii. No projection shall over hang/project over the minimum setback area either in cellar
floor or at the lower level of ground floor.
iii. Cantilever Portico of 3.0 m width (maximum) and 4.50 m length (maximum) may be
permitted within the side setback. No access is permitted to the top of the portico to use
it as a sit out place and the height of the portico shall be not be less than 2.00 m from
the plinth level. The portico is allowed only on the side where the setback/open space
left exceeds 3.00 m width.
iv. Balcony: Balcony projection should not exceed 1/3 rd of the setback on that side
subject to a maximum of 1.10m in the first floor and 1.75 m beyond the second floor.
No balcony is allowed in the ground floor.

3.12) No Objection Certificates:


i. For all Development Plans, Apartment buildings and Residential layouts which come
under the category stipulated by the KSPCB, necessary NOC from KSPCB (KSPCB
shall mention the need for environment clearance if any in the NOC) shall be furnished.
ii. For all buildings with a height of 24.0m and above, NOC from Fire Force in addition to
NOC from Pollution Control Board (KSPCB shall mention the need for environment
clearance if any in the NOC) shall be furnished.
iii. For Cinema theatres, the setbacks and other provisions shall be as per Karnataka
Cinematography Act and Rules.
iv. NOC from Airport Authority of India shall be furnished where ever applicable.

3.13) Security Deposit


i. The applicant shall deposit a refundable non earning security deposit at the rate of Rs. 100
per sq.m of floor area within the Corporation area and Rs. 50 per sq.m, of the floor area
outside Corporation area for the following categories of buildings, namely:

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A. Residential building group housing/ multi dwelling/ apartments having more
than 4 dwelling units.
B. Commercial buildings.
ii. The Security Deposit shall be refunded within three years or thirty days from the date on
which completion certificate is produced, whichever is earlier. If the construction is not as
per approved plan, this deposit shall be forfeited and separate action initiated as per the
provisions of KTCP Act, 1961.
iii. The security deposit will be refunded with 2 % interest if the building has no deviation.

3.14) Architect/Engineer/planner who prepares the plan or supervises the development works or
who does both the jobs shall submit an affidavit duly notarized to the extent that the safety
of the building in terms of fire and resistance to earthquake are taken care while preparing
the plan. Also, he/she shall undertake to acknowledge that he/she will intimate the
competent authority within 3 days of any violations with regard to sanctioned plan. Copy
of the affidavit at appendix II.

3.15) Cul – de - Sac:


i. While developing a land, if for any reason, the road has to be stopped without
continuation, and then Cul de Sac with turn around area of 9.0 Radius at the end shall be
provided.

3.16) General notes:

i. All permissions accorded by BDA or Government shall be treated as conforming uses


irrespective of the classification made in the Revised Master Plan 2015. This is to be
allowed on a case by case basis only.
ii. All cases of SEZ approved by Government of India (GOI), till the Revised Master Plan-
2015 is finally approved, shall be considered for clearance, irrespective of land use
classification (except the drain buffers) subject to payment of fees under section 18 of
KTCP Act, 1961. Decision of the Authority in this regard shall be final.
iii. In case of buildings that have been permitted lawfully by CMC’s or BMP or BDA and if
such structures are in obstruction to the alignment of the proposed roads in RMP 2015,
such road alignment shall be re-looked into by the authority and decision may be taken
suitably.
iv. When mixed uses are permitted on the plot, the land use of ground floor shall be
considered as the main use and the relevant regulations shall be applicable.
v. In case of commercial buildings or shopping centres and residential apartments, provision
shall be made for fire safety measures in accordance with requirement as stipulated by the
Fire Force authorities before the issue of occupancy certificate.
vi. Mezzanine floor is not permitted in residential buildings.
vii. Elevator (Lift) has to be provided for buildings with more than G+3 floors.
viii. New Additions to existing buildings: In case of buildings which are existing prior to
coming into force of these regulations, upper floors may be permitted according to the
existing coverage subject to limitation of height , FAR , building line or any road widening
proposals in accordance with present regulations.

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ix. Areas which fall within 150m radius from the metro terminals shall be eligible for a
maximum FAR of 4 for all permissible uses, irrespective of the FAR applicable for the
respective uses in the respective tables. However, this will be applied only after the
completion of the metro stations and also the same to be confirmed by the BMRCL.
Till such time the existing regulations shall apply.
x. TDR may be permitted till the completion of the Metro stations and not after that.
However, FAR shall not exceed 4 in any case.

xi. All bus terminals shall be eligible for an FAR as applicable to commercial zone. Min
area 1 acres.
xii. If the total floor area of a proposed building is more than 500 sq mtrs, then an area
measuring minimum of 3mtx5mt abutting to the access road shall be reserved for
installation of electrical transformer, while issuing building permission.
xiii. Rain water harvesting: Provision of Rain Water Harvesting is mandatory for all plots
which are more than 240 sq.m in extent. A 5 % rebate on the property tax is offered for
residential property and 2 % for non residential buildings within BMA for the first 5 years,
when rain water harvesting is made as an integral part of the building constructed.

xiv. Solar energy: Solar lighting and solar water heating is recommended for all new
development/constructions. If the solar lighting and solar water heating is adopted, then
refundable security deposit on fulfilling the conditions shall be returned along with 2 %
interest.

xv. Tree Planting: Planting of minimum one tree is mandatory for a site measuring more than
2400 sq ft and minimum of 2 trees for a site measuring more than 4000 sq ft. The
concerned authorities shall ensure that the trees are planted before approval of building
plan and tax shall be accessed only after confirming the existence of trees in the site in
question. The trees shall be planted only in the rear set back area.

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CHAPTER 4: REGULATIONS FOR MAIN LAND USE ZONES

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4.1 RESIDENTIAL (MAIN)
4.1.1) Description
The areas of the city which have predominantly residential land use pattern is considered for
the Residential (Main) zone. This includes many old areas of the city such as Parts of
Malleswaram, Richmond Town, Vasant Nagar, Jayanagar, Vijayanagar, Visveswarapura,
Rajajinagar, RT Nagar, etc.

4.1.2) Regulations
i) Permissible land uses:
ƒ Main Land use : R & T1
ƒ Ancillary Land use category: C2, I-2 & U3
ƒ Ancillary use is allowable to 20% of the total built up area or 50 sq.m which ever is
higher.
ƒ If the Plot size is more than 240 sq.m, having a frontage of 10.0 m or more, and the
abutting road is more than 18.0 m width, then ancillary uses can be used as main use.

Table 10: FAR and Ground Coverage in Residential (Main)


Ground Coverage.
Sl.No. Plot size (sq.m) FAR Road width (m)
(Max )
Up to 360 Up to 75 % 1.75 Up to 12.0
1.
Above 360
2. Up to 65 % 2.25 Above 12.0 up to 18.0
up to 1000
Above 1000
3 Up to 60 % 2.50 Above 18.0 up to 24.0
up to 2000
Above 2000
4. Up to 55 % 3.00 Above 24.0 up to 30.0
up to 4000
Above 4000
5. Up to 50 % 3.25 Above 30.m
up to 20000
ii) Notes:
a) Setbacks shall be in accordance with Table.8 or Table.9 depending on the height of
proposed building and the plot size.
b) If the road width is less than 9.0 m, then the maximum height is restricted to 11.5 meters
or Stilt +GF+2 floors (whichever is less) irrespective of the FAR permissible
c) Multi dwelling units (Apartments) shall be allowed only on plot sizes of above 360 sq.m in
the I and II Ring and on plots above 750 sq.m in the III Ring. In both cases, the road width
shall be more than 9.0m.
d) TDR is applicable as per rules.

4.1.3) Parking
As applicable vide Table no: 23

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4.2 RESIDENTIAL (MIXED)
4.2.1) Description
Main features of ‘Mixed Land Use’ areas are those where employment, shopping and
residential land uses will be integrated in a compact urban form, at higher development
intensities and will be pedestrian-oriented and highly accessible by public transit. Mixed use
areas will foster community interaction by providing focus on community facilities.
• The design and development of mixed use activity areas provide opportunities to
create and/or maintain a special community identity and a focal point for a variety
of city wide, community and neighbourhood functions.
• Mixed activity areas address the demand for employment, shopping and residential
areas within the city.
4.2.2) Regulations
i) Permissible land uses:
• Main land use category: R
• Ancillary land use category: C3, I-2,T2 and U4
• Ancillary land use is permissible up to 30 % of the total built up area

If the Plot size is abutting a road as specified below, the ancillary uses can be used as main
use. Space standards as at Table no 7 are applicable.

Table 11: Plot Size and Ancillary uses permissible in Residential (Mixed)

Plot size Road Width Ancillary Uses permissible as main


Sl.No.
(sq.m) (Min) land use
1 Up to 240 15.0m C2, I-2,U3,T2
Above 240
2 18.0m C3, I-2,U4,T2
Up to 1000

Table.12: FAR and Ground Coverage in Residential (Mixed) zone up to 20000 sq m

Sl.No. Ground Coverage. (Max) FAR Road width (m)

1 Up to 70 % 1.75 Up to 12.0

2 Up to 65 % 2.25 Above 12.0 up to18.0m

3 Up to 60 % 2.50 Above 18.0 up to 24.0m

4 Up to 55 % 3.00 Above 24.0 m up to 30m

5 Up to 50 % 3.25 Above 30m

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iii) Notes;
a) Setbacks shall be in accordance with Table 8 or Table 9 depending on the height and
the plot size.

b) TDR is applicable as per rules.

4.2.3) Parking
a) Buildings with a floor area not exceeding 100sqm are exempted from providing car
parking. However, equivalent parking fee shall be levied as determined by the
authority from time to time. This is applicable only for areas coming within I Ring.
b) As applicable vide Table no: 23

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4.3 COMMERCIAL (CENTRAL)
4.3.1) Description
The Historic and commercial core of Bangalore as delineated on the map mainly comprising
of Petta area such as Chickpet, Cubbonpet, Cotton pet, etc and parts of Shivajinagar around
the Russell Market area.

4.3.2) Regulations
i) Permissible land uses:
ƒ Main Land use category: C4
ƒ Other land uses permissible (as main land use): R, I-3, T3 & U4

Table 13: FAR and Ground Coverage in Commercial (Central)

Sl. No. FAR(Max) Ground Coverage


1 2.50 75%

ii) Notes:
i. Setbacks need not be insisted except on the front side up to a size of 150 sq.m, and for
plots ranging between 150sqm to 500sqm, no setbacks on rear and side shall be insisted.
In all other cases setbacks shall be in accordance with Table. 8 or Table. 9 depending on
the height of the proposed building and the plot size.

4.3.3) Parking:
i. Buildings with a floor area not exceeding 100sqm are exempted from providing car
parking. However, equivalent parking fee shall be levied as determined by the authority
from time to time. Parking fee shall be credited to a separate head of account and it
shall be used for providing parking facilities.
ii. Parking as applicable vide table.23

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4.4 COMMERCIAL (BUSINESS)
4.4.1) Description
This zone comprises of areas in between MG Road, Brigade Road, Residency Road, Madras
Bank Road and St Marks Road and also areas between the traffic island of Mayo hall,
Magrath Road and Residency Road, Manipal Centre between MG Road and Ulsoor Road.
Some pockets in the III Ring have been demarcated as Commercial (Business) zone, with the
objective of supporting formation of secondary centres.

4.4.2) Regulations
i) Permissible land uses:
ƒ Main land use category: C3
ƒ Other land uses permissible (as main land use): R, I-3, T3 & U4
ƒ If the road width is less than 12.0m and plot area is less than 240sq.m then, C2, I-2, R
and U4 only are allowed.

Table 14: FAR and Ground Coverage in Commercial (Business) up to 12000 sq.m

Road width (m) FAR Coverage

Less than 9 1.50 55 %


1.75 50 %
Above 9 and up to 12

Above 12 and up to 18 2.25 50%

Above 18.0 up to 24.0 2.50 45 %

Above 24.0 m up to 30.0 3.00 40 %

Above 30.0 m 3.25 40 %

iii) Notes
a) TDR is applicable as per rules.
b) Setbacks shall be in accordance with Table-8 or Table-9 depending on the height of the
proposed building and the plot size.

4.4.3) Parking:
As applicable vide Table no: 23

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4.5 MUTATION CORRIDORS
4.5.1) Description
The radial corridors and main arteries/ corridors of the city are designated as Mutation
Corridor Zones.

4.5.2) Regulations
i) Eligibility for the zone:
ƒ Plots facing the corridors shall have a minimum frontage of 12m.
ƒ For mutation corridor, the maximum depth for zone consideration in case of sub
divided layout is two property depth(if they are amalgamated), subject to the
condition that entry and exit are provided from the front road only(abutting the
Mutation corridor), so that the residential area on the rear side is insulated from the
effects of commercial activity. In case the applicant cannot come up with the
reconstituted/amalgamated plot, then, only one property depth shall be allowed.
Decision of the authority in this regard is final.
ƒ In case of lands that have no plotted development, a maximum of one property depth
(as per the document which existed prior to the approval of Revised Master Plan
2015) may be allowed. Decision of the authority in this regard is final.
ƒ For the purpose of claiming benefit under Mutation Corridor, if access is provided for
the rear property using another property abutting the Mutation Corridor, then the
Mutation Corridor benefits shall not be allowed.

ii) Permissible land uses:


ƒ Main Land use category: C4
ƒ Other land uses permissible (as main land use): R, I-3, T3 & U4

Table 15: FAR and Ground Coverage in Mutation Corridors (Commercial)

Sl. No. Plot size FAR Ground Coverage Road width


1 All plot sizes 2.75 55% Up to 30m
up to 12000 Above 30m
2 3.25 50%
sq.m

iv) Note:
a) Setbacks shall be in accordance with Table.8 or Table.9 depending on the height of the
proposed building and the plot size.

4.5.3) Parking:
As applicable vide Table no: 23

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4.6 COMMERCIAL AXES

4.6.1) Description
The major and minor roads which have commercial activities along them are recognized
as commercial axes and are included within the zone. As these are part of the residential
zone through which they pass and the regulations applicable shall be that of the main
zone in which they are located with an exception to the permissible land uses of
commercial axes.

4.6.2) Regulations
i) Permissible land use category:
ƒ If the plot size is more than 240 sq.m and faces a road width up to 15.0 m, C2, I-2 &
T2 uses in addition to uses allowable in the respective zone are permissible
ƒ If the plot size is more than 240 sq.m and faces a road width 15.0 m and above, C3,
T2 and I-2 uses in addition to uses allowable in the respective zone are permissible.

ii) FAR and Ground Coverage


The FAR and Ground Coverage Regulations for the Commercial Axes will be same as that of
the table for the surrounding zone that it passes through e.g. a Commercial Axes passing
through a Residential (Main) Zone shall avail FAR and Ground Coverage of a Residential
(Main) Zone.

iii) Note;
a) Setbacks shall be in accordance with Table.8 or Table.9 depending on the height of the
proposed building and the plot size.
b) TDR is applicable as per rules.

4.6.3) Parking
As applicable vide Table no: 23

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4.7 INDUSTRIAL [I (General)]

4.7.1) Description
This zone supports the establishment of all types of industries.
4.7.2) Regulations
i) Permissible land uses;
ƒ Main land use category: I-5
ƒ Ancillary land use category: R, C4, U2 & T3
ƒ Ancillary use allowable up to 10 % of the total land area.
ƒ If the road width is more than 15 mtrs, T3 may be allowed as main land use.

Table.16: FAR and Ground Coverage in Industrial (General)


Sl.no Size of the Plot Ground FAR Setbacks
(sq.m ) cover Front Rear and
sides
1. Up to 500 75% 1.50 4.50 4.50
Above 500 up to
2. 1000 60% 1.25 4.50 4.50
Above 1000 up to
3. 3000 50 % 1.00 6.00 6.00

4 Above 3000 45 % 1.00 10.0 8.00

iii) Notes:
a) After leaving minimum setbacks as per the above table if the remaining portion of the
plot cannot be used for erecting a meaningful building, the Authority may insist for
set backs as in table.8 or table.9
b) All lands/sites allotted by government agencies like KIADB, KSIIDC etc, for
industrial use shall not be permitted to be utilised for any other use, without the NOC
from such departments/ agencies as case may be.
c) TDR is applicable as per rules.

4.7.3) Parking
As applicable vide Table no: 23

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4.8 INDUSTRIAL (Hi -Tech: [I (H)]
4.8.1) Description
This is a priority area for establishment of activities associated with new technologies: IT, IT
Enabled Services, BT, electronics, telecom and other emerging areas and as well as services
sector organised in industry format (Back offices, etc). This zone also enables work- home –
play relationship.

4.8.2) Regulations
i) Permissible land uses:
ƒ Main land use category: I-3
ƒ Ancillary Land use: R, C3, T2 & U4
ƒ Ancillary use allowable up to 40 % of the total built up area
Wherever the road width is less than 12m, then on such lands residential developments may be
permitted as main use.

Table.17 FAR and Ground Coverage in Industrial (Hi-Tech zone):

Sl. Size of the plot Ground Permissible Road width (m)


No ( sq.m) cover FAR
Up to 12.0
1 Up to 1000 55% 2.00
Above 1000 up to Above 12.0 up to 18.0
2 2000 50% 2.25
Above 2000 up to
3 4000 50% 2.50 Above 18.0 up to 24.0
Above 4000 up to
4 6000 sq.m 45 % 3.00 Above 24.0 up to 30.0
Above 6000 up to
5 12000 sq.m 45 % 3.25 Above 30.0

Note:
a) Setbacks shall be in accordance with Table.8 or Table.9 depending on the height of
the proposed building and the plot size.
b) TDR is applicable as per rules.

4.8.3) Parking
As applicable vide Table no: 23

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4.9 PUBLIC AND SEMI PUBLIC (P&SP)
4.9.1) Description
This zone includes Government owned complexes and civic amenities and large
infrastructure facilities of health, education, sports, cultural and social institutions.

4.9.2) Regulations
i) Permissible land use
Main land use category: U4
This shall include Government administrative centres, district offices, law courts, jails, police
stations, institutional offices, health facilities (including health tourism), educational, cultural
and religious institutions, community halls, working hostel facilities, convention centres of
non-commercial nature, utilities and all uses permissible in parks and open spaces.
ƒ Ancillary land use category: R, C2 & T2
ƒ Ancillary uses to the main use shall not exceed 20% of sital area.

Table 18: FAR and Ground Coverage in Public and Semi public
Sl.no Size of the plot Ground FAR Setbacks
(sq.m) cover
1 Up to 500 60% 1.50
2 Up to 1000 55% 1.75 Refer Table.8 or Table.9
3 Above 1000 up to 2000 50% 2.00
4 Above 2000 45% 2.25

Note:
i) In case, any private property is included within the boundary of Public and Semi
public use and if the owner can establish that the ownership of land vests with
him/her, the land use adjoining the land shall be assigned to the land in
question.(to be decided by the Authority only).
ii) TDR is applicable as per rules.

4.9.3) Parking:
As applicable vide Table no: 23

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4.10 TRAFFIC AND TRANSPORTATION (T&T)
4.10.1) Description
Transportation zones are reserved for Transport and Transport related activities such as
railway yards, railway station, bus stands, bus shelters, Road and transport depots, parking
areas, airport, special warehousing, cargo terminals and transfer of cargo between different
types of transport (rail, road, air).

4.10.2) Regulations
i) Permissible land uses
Main land use category: T4 (for MLCP, refer note below)
Ancillary land uses: R, U2, C2, I-3

ƒ Ancillary land uses permissible subject to a condition that the built up area shall not
exceed 300 sq.m or 5% whichever is higher.
ƒ If the road width abutting the land is less than 12m then I-2, U2 or C2 may be
allowed as main land use or as independent land use.

Table 19: FAR and Ground Coverage in Traffic and Transportation


Sl.no Size of the plot Ground FAR Setbacks
(sq.m) cover
1 Up to 500 60% 1.00
2 Up to 1000 55% 1.25 Refer Table.8 or Table.9
3 Above 1000 up to 2000 50% 1.50
4 Above 2000 45% 1.50

Note:
i. When Multi Level Car Parking (MLCP) is proposed on a plot as independent
activity, there shall not be any limitation of FAR or height of building subject to
condition that it satisfies fire and airport authority restrictions where ever applicable.
ii. TDR is applicable as per rules.

4.10.3) Parking as per vide table. 23

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4.11 PUBLIC UTILITIES (PU)


4.11.1) Description
Public utilities include energy, water, telecommunication, sub stations, gas and gas lines,
transformers, and microwave towers and solid waste management facilities such as land fill
sites.

4.11.2) Notes:
1. The buffer created for accommodating the utilities such as Power, Water Pipeline, Oil
pipelines, and High Voltage lines, gas lines and any other utilities. Each “buffer” is
dictated by technical standards specified by the competent authority.
2. The regulations for the above will be decided by the Authority.
3. In case of new developments, these shall remain as non buildable areas and remain as
reservations and marked for the purpose intended. They may be considered for
calculation of open spaces within the schemes while approving building/development
and layout plans.
4. For electrical networks, KPTCL standards are followed.

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4.12 PARK AND OPEN SPACE (P)
4.12.1) Description
The natural and man made features meant for environmental conservation and preservation,
including water bodies, forests and drains; parks, playgrounds, burial grounds and
crematoria.

4.12.2) Regulations
i) Permissible land uses:
i. Uses permissible include: Sports grounds, stadium, playgrounds, parks, swimming
pools, cemeteries, garden land and crematoria.
ii. Uses permissible under special circumstances by the authority: Open air theatres,
indoor recreational uses, dwelling for watch and ward, sports clubs, libraries, milk
booths, HOPCOMS, the area of such use shall not exceed 5% of the total area and shall
not be more than G+ 1 floor in any case.
iii. Setbacks for the above will be decided by the Authority taking into account the
surrounding development and traffic scenario in that area.

ii) Valley/ drain


Within the demarcated buffer for the valley the following uses are allowed:
i. Sewerage Treatment Plants and Water treatment plants
ii. Roads, pathways, formation of drains, culverts, bridges, etc which will not obstruct the
water course, run offs, channels.
iii. In case of water bodies a 30.0 m buffer of ‘no development zone’ is to be maintained
around the lake (as per revenue records) with exception of activities associated with
lake and this buffer may be taken into account for reservation of park while sanctioning
plans.
iv. If the valley portion is a part of the layout/ development plan, then that part of the
valley zone could be taken into account for reservation of parks and open spaces both in
development plan and under subdivision regulations subject to fulfilling section 17 of
KTCP Act, 1961 and sec 32 of BDA Act, 1976.
v. Any land falling within the valley for which permission has been accorded either by the
Authority or Government, and then such permission shall be valid irrespective of the
land use classification in the RMP 2015. Fresh permissions for developments shall not
be accorded in valley zone.

NOTE:
Drains: The drains have been categorized into 3 types namely primary, secondary and
tertiary. These drains will have a buffer of 50, 25 and 15m (measured from the centre of
the drain) respectively on either side. These classifications have been used for the drains
newly identified while finalizing the RMP 2015. In case the buffer has not been marked
due to cartographical error for any of the above types of drains, then based on the revenue
records buffer shall be insisted in all such cases without referring the land use plan while
according approval for building/development/ layout plan. Permissions in sensitive areas
earmarked on the land use plan shall be considered only by the planning Authority.

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4.13 AGRICULTURAL LAND ZONE (AG)
4.13.1) Description
The area outside the conurbation limits.

4.13.2) Regulations
i) Permissible land use
ƒ Agro processing units using locally produced agriculture produce as raw materials.
ƒ Urban amenities such as burial grounds, education and health institutions, sports
grounds, stadium, playgrounds, parks and garden land.
ƒ Public utilities such as solid waste land fills, water treatment plants, power plants,
fuel stations and other highway amenities such as weigh bridges, check posts, toll
gates, having access to major roads.
ƒ Agriculture, Horticulture, Dairy, Milk Chilling centres, Farm houses and accessory
not exceeding 250 sq.m of plinth area within the plot area limitation of 1.2 Ha limited
to G+ 1 floor.
ƒ Clubs, cultural buildings, exhibition centres, storage and sale of farm products.
ƒ Service and repairs of farm machinery.
ƒ Piggeries and poultry farms, livestock rearing.
ƒ Brick Kilns.
ƒ When the land is more than 40.0 ha in extent, Golf course along with ancillary uses
like administrative office, guest rooms/guest houses and dining facilities are
permissible.
ii) Coverage:
ƒ 20 % of the sital area of the land may be used for educational and health purposes and
a building height of G+1 floor only shall be permitted.
ƒ For Golf courses on land area which is above 40 ha, ancillary uses can be permitted
up to a maximum of 20 % of sital area subject to a building height of G+1 floor only.
ƒ For uses other than education, health and Golf courses, 5% of sital area of the land
may be permitted subject to a building height of G+1 floor only.
ƒ Set backs as per Table 8.

iii) Regulations for Rural Development


Within a radius of 250m from the gramathana (as defined in the note below) developments
required for the natural growth of the village may be permitted with the following
regulations:
1) FAR : 1.0
2) Maximum no of floors: G+1
3) Setbacks and coverage for the respective uses: As per Table no 8

iv) Note:
a) Gramathana: means old village settlement as earmarked in the revenue survey map
(village map). Any addition already made to the gramathana in any form shall not be
considered while measuring the distance between land in question and gramathana.
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4.14 UNCLASSIFIED USE (UC)

(i) Many of the areas on the planning district maps are under unclassified use and
these include Defence and notified lands. If any discrepancies are observed regarding
the boundaries, land use and extent, the authority may take appropriate decisions.
Any disputes shall be referred to the Government and the decision of the Government
shall be final.

(ii) In case, any private property is included within the boundary of unclassified and if
the owner can establishes that the ownership of land vests with him/her, the land use
adjoining the land shall be assigned to the land in question (to be decided by the
Authority Only )

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CHAPTER 5: PLANNING PERIMETERS AND SCHEMES:

5.1) Planning Perimeters: These areas that are proposed to be taken up as detailed schemes
are shown as planning perimeters and schemes. The planning perimeters include the Area
improvement scheme, transport and utilities perimeters, which are delineated on the map and
serve as informational tool. Detailed studies and action planning for the same will need to be
taken up in due course of the Revised Master Plan period.
(i) Area improvement schemes:
These are identified areas which require detailed planning and design schemes that
can be implemented by the Govt, Private sector, ULBs. The specifics and the program
content of the scheme needs to be approved by the Local planning Authority.
Slums, poorly serviced infrastructure areas and any other area that have significant
impact at the Planning district level are to be taken up within the area improvement
perimeters and detailed out for implementation.

(ii). Transport and utilities scheme:


Areas identified for need of detailed project planning and implementation by the
relevant authority includes utilities, road underpasses, flyovers, etc. Necessary studies
are to be carried out in order to implement the proposals. This shall be in consultation
with the Authority.

(iii). Heritage conservation areas:


The areas worthy of conservation are marked on the map. With detailed plans and
studies, the action plan for conserving them shall be taken up.

5.2) Co-ordinated Planning Schemes:


The Co-ordinated planning schemes are the zones where the BDA intends to take up
development under its own schemes through the regulations prescribed for commercial zone.

5.3) Redevelopment Scheme:


Following regulations shall apply for all redevelopment schemes taken up by Karnataka
Slum Clearance Board/BDA/BBMP/KHB within the local planning area of Bangalore:
• Redevelopment schemes (including slums) may be allowed in the following Land
uses:
ƒ Residential (Main), Residential (Mixed), Commercial (Central), Commercial
(Business), Industrial (General) & Industrial (Hi-tech).
• Maximum plot coverage is allowable up to 60%.
• Maximum FAR is allowable up to 3.
• In case of Layout/Group housing, minimum of 10 % of area for Park and 5% of area
for C.A shall be reserved and maintained by the respective authorities.
Note: Set backs shall be applicable as per Table 8 or 9 as the case may be.

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CHAPTER 6: SUBDIVISION REGULATIONS
6.1) RESIDENTIAL

a. Road widths:
The minimum width of road shall not be less than 9.0 m and the road widths shall not be less
than the plot widths facing the respective road.
Every Fourth road in a layout shall have a minimum of 12.0 m width.

b. Area for Residential development:


Apart from the provision for amenities and open spaces, the area for residential development
shall be up to a maximum of 55 % of the total land area.

c) Parks / Open spaces and Playgrounds: Parks / Open spaces and Playgrounds shall not
be less than 15 % of the total land area. This shall be relinquished to the Authority (free of
cost and free of encumbrance) and if required, the authority may handover the area for
maintenance to the resident’s welfare association. If the land is not maintained up to the
satisfaction of the authority, it shall be resumed back by the authority.

d) Civic amenities and Roads:


i) After making provision for Parks and roads in the layout, the balance portion of land
shall be earmarked for civic amenity site only. Such CA site shall be relinquished to
BDA free of cost and free of encumbrance.
ii) If the area that remains after making provision for road and park is less in extent, then
the authority shall have the discretion to earmark such land for park.
iii) When ever the total area proposed for formation of layout exceeds 10 acres, then
adequate extent of land may be earmarked for provision/installation of utilities like
transformer, sewage treatment plant, overhead water tank, bus bay/shelter etc. This
area may be taken in to calculation under either CA or Park as the case may be.
Decision of the Authority in this regard shall be final.
iv) CA sites owned by Bangalore Development Authority (BDA) could be used for any
purpose irrespective of the land use classification in the Revised Master Plan-2015.
But, such use shall be based on the need of the locality and the Authority has to take a
conscious decision in this regard. This clause is operative till amendments to relevant
Acts & Rules are made.

e) Exemptions:
On request from the land owner, reservations for Parks and Civic Amenities as per
subdivision regulations may be dispensed with by collecting the guideline value of equivalent
converted land, in case the land is less than 4,000 sq.m. The value to be collected from the
land owner in lieu of open space and civic amenity shall be in addition to other fees/charges
as prescribed by the Govt. from time to time.

ƒ The authority shall deposit the amount so collected under separate head of accounts
and shall be utilized only for the acquisition and development of areas reserved for
parks and open spaces in the Revised Master Plan.

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ƒ In case of residential layouts proposed for development by individuals wherein the
extent of land is more than 10.0 ha, commercial uses up to 3 % of total land may be
permitted within the permissible percentage of 55 % in one or two blocks only.

ƒ When the residential layouts / development plans are proposed / taken up by either
Bangalore Development Authority (BDA) or Karnataka Housing Board (KHB) or
Karnataka Slum Clearance Board (KSCB), then commercial uses may be allowed up
to an extent of 5% of the permissible land to facilitate for neighbourhood facilities.

6.2) General conditions applicable for sub division, amalgamation and Bifurcation of
plot:

i. Subdivision
ƒ The Authority reserves the right to modify the layout submitted by the applicant /
owner and may impose any condition either from planning point of view or in the
interest of public.
ƒ 60 % of the sites shall be released upon issue of work order based on the draft plan.
The sites to be released are to be clearly indicated on the plan along with the phase
wise development. The release of sites is subject to relinquishment of civic amenity
sites / parks & open spaces and roads to the authority free of cost by way of a
registered relinquishment deed. 40 % of the sites shall be released only after the
layout is fully developed in terms of utilities and infrastructure. The entire process
shall be as per the government order issued in this regard.
ƒ The approval of Layout Plan is subject to the condition that the proposal satisfies all
the requirements stipulated under section 17 of K.T.C.P Act, 1961 and section 32 of
BDA Act, 1976.

ii. Amalgamation
ƒ In the case of amalgamation, the proposed sites shall have the same land use.
ƒ Ownership of the amalgamated plot could be in single or multiple names/family
members/ company. But, amalgamation shall not be considered if the plots are under
lease agreement.
ƒ Development controls for the amalgamated plot shall be with reference to new
dimensions.

iii. Bifurcation;
ƒ In the case of all bifurcations, whether corner site or intermediate site, front setback
for the resulting site abutting the road shall be the same as that of the original site and
not that of the subdivided site.
ƒ A Plot/ Site which is a part of the sub division plan/layout/scheme duly approved by
the authority maybe further bifurcated with prior permission of Authority and the sub
divided plot shall not be less than the prescribed size.
ƒ Bifurcated plot shall not be less than 50 sq mt. Bifurcated plot shall have a minimum
of 3.0 m access.
ƒ The bifurcated plot shall have a minimum of 6.0 m frontage.

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6.3 REGULATIONS FOR NON RESIDENTIAL LAYOUT PLAN:

Sanction of layout plans for non residential purpose shall be subject to the following
conditions:
i. 10 % of Total area shall be earmarked for Park and Civic amenities (ratio to be decided
by authority).
ii. Minimum width of road shall not be less than 12.0 m.
iii. 5 % of the total area shall be reserved for parking purpose.
iv. Parks, CA and roads shall be handed over to Authority as per section 32 of BDA Act,
1976.

CHAPTER 7: REGULATIONS FOR RESIDENTIAL DEVELOPMENT PLANS AND


NON RESIDENTIAL DEVELOPMENT PLANS.

7.1 Regulations for Residential Development Plan:

1. 10 % of the land shall be reserved for Park & Open space. The open space (park)
shall be relinquished to the authority free of cost and the same may be allowed to be
maintained by the local residents association (registered), if the Authority so desires.
2. A minimum 5 % of total plot area shall be provided for Civic amenities and the
owner or developer shall develop such civic amenities which finally shall be handed
over to the local residents association for maintenance. The mode of such handing
over shall be decided by the authority.
3. FAR is calculated on the total land area after deducting Civic amenity site.
4. Parking area requirements shall be as applicable vide Table no: 23
5. Roads as shown in the Revised Master Plan 2015 shall be incorporated within Plan
and shall be handed over to the authority free of cost.

Table 20: FAR & Ground coverage for Residential development plan on a site area over
20,000sqm.

Road width (m) Coverage FAR

60% 2.00
Less than 12.0
55% 2.25
Above 12 and up to 18

Above 18 and up to 24 55% 2.50

Above 24 m and up to 30 50% 3.00

Above 30.0 m 50 % 3.25

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7.2 ) Regulations for Non Residential Development Plan and Flatted Factories
The non residential development plan and flatted industries are approved on the following
conditions:
a. 10% of the total area shall be reserved for Parks and Open Spaces, which shall be
maintained by the owner to the satisfaction of the Authority.
b. Parking area requirements shall be as applicable vide Table no: 23. An additional 5%
of the plot area shall be reserved for surface parking.
c. FAR is calculated based on entire sital area excluding the area reserved for Park and
Open Spaces.
d. Roads as shown in the Revised Master Plan 2015 shall be incorporated within Plan
and shall be handed over to the Authority free of cost.
e. The FAR and coverage shall be as per Table no 21, below.

Table.21 FAR & Ground coverage for Non – Residential development Plan and flatted
industries on a sital area over 12,000sqm.

Road width (m) Coverage FAR

Less than 9 60% 1.50

Above 9 and up to 12 55% 1.75

Above 12 and up to 15 55% 2.00

Above 15.0 to 18.0 50% 2.25

Above 18 and up to 24 50% 2.50

Above 24 and up to 30.0 45% 3.00

Above 30.0 m 45 % 3.25

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7.3 )Regulation for Integrated Township
‘Integrated Township’ concept is gaining more importance in the recent times.
To give impetus to economic growth and to retain the vibrancy and dynamism of the urban
form for a city like Bangalore, the concept of ‘Integrated Township’ with minimum 40 Ha of
land having access from minimum 18 m road width is a good approach for the future of
Bangalore.
Permissible in Residential / Commercial / Hi Tech / Industrial zones

a) Minimum area required - 40 Ha (100 acres).

b) Permissible Land Use


i. Residential
ii. High Tech
iii. Industrial
iv. Commercial

c) Permissible usage (% of allowable usage)

i. Residential - 40%
ii. Non-Residential
ƒ High-Tech (IT, BT related activities) - 55%
ƒ Commercial (to support the township) - 05%

d) Minimum Road width required - 18 Mtrs

e) Other Regulations for approval of integrated town ship


i. 10% of the total area shall be reserved for parks & open space. It shall be
handed over to the authority free of cost & shall be maintained by the developer
to the satisfaction of the authority.
ii. 5% of the site area shall be reserved for public & semi-public use / CA sites &
shall be handed over to the authority; the same shall be allotted by the authority
for development for specified C.A. either to the developer or others on lease
basis.
iii. The FAR is calculated on entire area excluding area reserved for CA.
iv. Road shown in by Revised Master Plan 2015 shall be incorporated with in the
plan and shall be handed over to the authority free of cost.
v. The FAR & coverage shall be as below;

Table 22: FAR and Ground coverage for Integrated Township.

Road Width Coverage FAR Allowable


Above 18m < 24m 55% 2.5
Above 24m < 30m 50% 3.00
Above 30m 45% 3.25

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CHAPTER 8.0: PARKING REQUIREMENTS AND NORMS

Table 23: Parking requirements for various uses:

One car parking of 2.5m x 5.5m each shall be


Sl. No Type of use
provided for every
Theaters and Auditoriums except 25 seats of accommodation subject to
1
Educational Institutions. minimum of 20
Retail Business ( shops, Shopping
2 50sqm of floor area
complexes, Malls, etc)
3 Multiplex integrated with shopping 40sqm of floor area plus requirement of
parking according to Cinematographic act
150sqm plus 1 lorry parking space measuring
4 Wholesale and Warehouse buildings 3.5 m x 7.5 m. 1 additional for every 500sqm
or part thereof
Restaurant establishment servicing food
5 75sqm of Floor area
and drinks and such other establishment
Lodging establishments, hotels and
6 80 sq.m of Floor area.
Tourist homes
For every 2 rooms. Additional
7 For star hotels 10% of the total requirement shall be reserved
as parking for visitors.
Office buildings (Govt/Semi-Govt.&
8 50sqm of Floor area
Pvt)
Professional college hostels: 1 for every 5 rooms
9 Hostels
and others: 1 for every 10 rooms.
100sqm of floor area plus 1 lorry space measuring
10 Industrial Buildings 3.5 m x 7.5 m for every 1000 sq.mt
or part thereof
11 Nursing homes 50sqm of Floor area
12 Hospitals 100sqm of Floor area
A. Dwelling unit measuring more than
50 sq.m up to 150 sq.m of floor area. Additional
1 car park for part thereof, when it is more than
50% of the prescribed limit.
13 Multi- dwellings Units
B. Additional car parking for each two
Dwelling units, if the DU is less than 50 sq.mt
C. 10 % of additional parking shall be
kept for visitors car parking.
15 Kalyana mantaps, Convention centers 50sqm of Floor area.
16 Recreational clubs 50sqm of Floor area.
17 Educational buildings 150sqm of Floor area
18 Other Public and Semi-Public Buildings 100sqm of Floor area

Note: Additional parking for part area shall be provided when the part area exceeds 50%
of the prescribed limits/standards.

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8.1) NOTES:

(a) Parking provision through building on stilts:


i) Parking provided on the ground floor with the building on stilts, parking area shall be
exempt from the calculation of FAR.
ii) All sides of the stilt parking shall be open.
iii) When stilt parking is provided the height shall not exceed 2.4mtrs and the height
shall be considered for calculating the total height of the building
iv) Any place used for parking is not included in the calculation of FAR.
v) In case, additional car parking is provided as part of parking complex or parking lot
in excess of required car parking, such area shall be exempt from reckoning the FAR.

(b) Parking provision on multi level or on any number of floors:


i) Access Ramps, elevators, escalators to the upper floors or terrace floor shall not be
provided in the setback area and ramps to be within the plinth area of the building
and shall be exempt from FAR calculation.

ii) Car Parking shall not be provided in the setback areas. If provided, a minimum of 3.0
m shall be left free from the building in case of G+3 buildings and a minimum of 6.0
m in case of buildings which are G+4 or more.

iii) When Multi Level Car Parking (MLCP) is proposed on a plot as independent
activity, there shall not be any limitation for FAR or height of building subject to
condition that they satisfy fire and airport authority restrictions where ever
applicable.

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CHAPTER 9: FIRE PROTECTION REQUIREMENTS AND SAFETY MEASURES
AGAINST EARTH QUAKE.

9.1 General – The Planning design and construction of any building shall be such as to
ensure safety from fire. For this purpose, unless otherwise specified in these Regulations,
the provisions of Part-IV, Fire Protection Chapter and National Building Code shall
apply.

For multi-storeyed, high rise and special buildings, additional provisions relating to fire
protection contained in Annexure C of NBC shall also apply. The approach to the
building and open spaces on all sides up to 6mtrs width and their layout shall conform to
the requirements of the Chief Officer. They shall be capable of taking the weight of a fire
engine weighing up to 18 tonnes. These open spaces shall be free of any obstruction and
shall be motorable.

9.2 Exits.- Every building meant for human occupancy shall be provided with exits sufficient
to permit safe escape of its occupants in case of fire or other emergency for which the
exits shall conform to the following:

i. Types. – Exits should be horizontal or vertical. A horizontal exit may be a


door-way, a corridor, a passage-way to an internal stairway or to an
adjoining building, a ramp, a verandah, or a terrace which has access to the
street or to the roof of a building. A vertical exit may be a staircase or a
ramp, but not a lift.

ii. General requirement – Exits from all the parts of the building, except
those not accessible for general public use, shall-

a. provide continuous egress to the exterior of the building or to an


exterior open space leading to the street;
b. be so arranged that, except in a residential building, they can be
reached without having to cross another occupied unit;
c. be free of obstruction;
d. be adequately illuminated;
e. be clearly visible, with the routes reaching them clearly marked and
signs posted to guide any person to the floor concerned;
f. be fitted, if necessary, with fire fighting equipment suitably located
but not as to obstruct the passage, clearly marked and with its
location clearly indicated on both sides of the exit way;
g. be fitted with a fire alarm device, if it is either a multi-storeyed, high
use or a special building so as to ensure its prompt evacuation;
h. remain unaffected by any alteration of any part of the building so far
as their number, width, capacity and protection thereof is concerned;
i. be so located that the travel distance on the floor does not exceed the
following limits:
1. Residential, educational, institutional and hazardous
occupancies: 22.5mtrs.

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2. Assembly, business, mercantile, industrial and storage building:
30mtrs.
Note: The travel distance to an exit from the dead end of a corridor shall
not exceed half the distance specified above.

When more than one exit is required on a floor, the exits shall be as
remote from each other as possible:

Provided that for all multi-Storeyed high rise and special buildings, a
minimum of two enclosed type staircases shall be provided, at least one
of them opens directly to the exterior to an interior open space or to any
open place of safety.

(iii) Number and width of exits – The width of an exit, stairway / corridor
and exit door to be provided at each floor in occupancies of various types
shall be as shown in columns 3 & 5 of Table 23. Their number shall be
calculated by applying to every 100 sq. m. of the plinth or covered area of
the occupancy, the relevant multiplier in columns 4 & 6 of Table 23,
Fractions being rounded off upward to the nearest whole number.

9.3 Safety Measures against Earthquake

Buildings with ground plus four floors and above or buildings with a height of 15 mtrs.
and above shall be designed and constructed adopting the norms prescribed in the National
Building Code and in the “Criteria for earthquake resistant design of structures” bearing No.
IS 1893-2002 published by the Bureau of Indian Standards, making the buildings resistant to
earthquake. The supervision certificate and the completion certificate of every such building
shall contain a certificate recorded by the Registered Engineer / Architect that the norms of
the National Building Code and I.S. 1893-2002 have been followed in the design and
construction of buildings for making the buildings resistant to earthquake.

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TABLE – 24:WIDTH AND NUMBER OF EXITS FOR VARIOUS OCCUPANCIES

Stairway / Corridor
Door
Minimum
minimum Exit
Sl. No. Type of Occupancy width in Multiplier
width in Multiplier
meters
meters
(1) (2) (3) (4) (5) (6)
1. Residential Dwellings 1.2 0.145
Row housing (2 storeys) 0.75 0.213 0.053
Hotels 1.5 0.107
2. Educational-up to 24 mtrs 1.5 0.333
high. 0.667
Over 24 mtrs. high 2.0 0.250
3. Institutional i.e. Hospitals
Up to 10 beds. 1.5 0.089 0.044
Over 10 beds 2.0 0.067
4. Assembly – fixed seats or
loose seats and dance floor. 2.0 0.694 1.0 0.926
No seating facilities and
dining rooms 2.0 0.278 0.370
5. Mercantile- street floor and
basement 1.5 0.222 0.222
Upper sales floors 1.5 0.111 0.111
6. Business and Industrial 1.5 0.067 0.067
7. Storage 1.5 0.022 0.22
8. Hazardous 1.5 0.133 0.125

Note: No deductions shall be made in the gross area of the corridors, closets or other
sub-divisions; all space serving the particular assembly occupancy shall be reckoned

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C H A P T E R – 10: TRANSFER OF DEVELOPME NT RIGHTS (TDR)

When an area with in the local planning area is required for public purpose (i.e. road,
widening of road, parks, etc.) the owner of any site or land which comprises of such area
surrenders it free of cost and hands over possession of the same to the planning authority /
Local Authority free of cost and encumbrance. The Planning Authority / Local Authority
permits development rights in the form of additional floor area which shall be equal to one
and half times the area surrendered. The development rights so permitted may be utilised
either at the remaining portion of the area after surrender or any where in the LPA, either
by himself or by transfer to any other person.

10.1. Terms and Conditions for Grant & Utilisation of TDR:

1. The Planning Authority / Local Body shall publish an annual programme for road
widening or construction of new road or for any other public purpose specified in
Section 14(B) of the Act, for granting Transferable Development Rights.
2. The land shall be surrendered through a relinquishment deed for which a
Development Rights Certificate (hereinafter called “D.R.C.”) is to be issued. The
land so surrendered shall vest with the Authority / Local Body free from all
encumbrances.
3. D.R.C. shall be issued only after the required land is surrendered to the Planning
Authority / Local Body free of cost and free of encumbrances. In respect of land
surrendered for purpose other than road widening, the land has to be fenced to the
satisfaction of the Authority / Local Body.
4. DRC shall be issued under the seal of the Planning Authority / Local Body and under
the signature of the Commissioner, Bangalore Development Authority /
Commissioner of Local Body within the LPA of Bangalore.
5. The D.R.C. shall be valid for a period of five years. However, the same may be
revalidated for a further period of five years subject to payment of revalidation fee.
6. The D.R.C. shall contain details of the floor area credit in square meter of built up
area and the area to which the owner of the surrendered land is entitled shall be stated
in figures and words. The description of the land from where development rights are
generated and the land use zone of the same shall also be stated in the D.R.C.
7. The eligible additional floor area may be utilised in the remaining portion of the land
after surrender, irrespective of the road width.
8. The DRC shall not be valid for use on receivable plot/plots abutting a road of less
than 9 meters within the LPA of Bangalore subject to condition No.12.

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9. In case of Bangalore LPA, if the additional floor area is transferred to another plot,
FAR of the receiving plot shall be allowed to be exceeded by not more than 0.60 times of
the existing FAR, provided the receiving plot abuts a road width of 12 m and above, If
the receiving plot abuts a road width of 9 meters to 12 meters, then a maximum of 0.40
times the existing FAR shall only be allowed, subject to limitations prescribed in these
terms and conditions.

10. The Authority may consider relaxing set backs and coverage to a maximum extent of
fifty percent, when the permissible Floor Area Ratio cannot be achieved, in case of
D.R.C. arising out of land surrendered free of cost for road widening. This relaxation is
also permissible in the receiving plot or in the same plot left over after surrender. When
plot generating the TDR utlises the DRC as the receiving plot, then the incremental
parking need not be insisted. No relaxation can be given for area required for parking in
receiving plot. While exercising the above power, the Authority shall finalise the building
line for the entire road taken up for widening keeping in view the developments existing,
feasibility and smooth flow of traffic and notify the same. No construction shall be
allowed in violation of such notified building line.

11. A DRC can be purchased for utilisation in respect of a building already existing,
subject to all the limitations prescribed in these terms and conditions.
12. Development rights certificate may be utilized in all the areas irrespective of A, B and
C (Ring I, II & III) zones, in the following manner.

E.g.:
Area of site surrendered 100 sq. mtrs.
DRC issued for the above 100 sq. mtrs. 150 sq. mtrs.

Table No. 25

Utilisation Zone
DRC Generation Zone B zone (Ring
A zone (Ring I) C zone (Ring III)
II)
A Zone (Ring I) 150 x 1.00 150 x 1.50 150 x 2.00
B Zone (Ring II) 150 x 0.666 150 x 1.00 150 x 1.333
C Zone (Ring III) 150 x 0.50 150 x 0.666 150 x 1.00

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13. The D.R.C. obtained on account of surrendering a particular land / plot shall be
utilised on transfer to any other plot only for the purpose for which such receiving
plot is designated in the development plan.
14. Whenever the remaining portion of the plot or land after surrender to the Planning
Authority / Local Body is too small to construct any meaningful building, if so, the
owner may desires to surrender the entire property to the Planning Authority / Local
Body in lieu of the D.R.C.
15. The Authority may charge a fee of Rupees one hundred for grant / transfer /
utilization / revalidation etc., of DRC.
16. A D.R.C. shall not be valid for use on receivable plot in the area notified as such by
Government.
17. The utilisation of Development Rights shall be in multiples of ten sq. meters only
except the last remainder.
18. The Authority may reject or cancel the grant of D.R.C. in the following circumstances
namely:-
a. Where any dues are payable by the owner of the property to the State
Government or Planning Authority / Local body prior to the date of handing
over physical possession of the property to the Authority. Also, Planning
Authority / Local Body may grant and withhold issue of D.R.C. until all the
dues of the State Government or the Planning Authority / Local Body are paid
by the owner.
b. Where D.R.C. is obtained by fraudulent means.
c. Where there is a dispute on the title of the land, till the dispute is settled by a
Competent Court.
19. The utilisation of D.R.C. in favour of Non-Resident of India and Foreign nationals
will be subject to rules and regulations “ under Foreign Exchange Management Act,
1999 (FEMA) and / or the rules and regulations” made by the Reserve Bank of India
/ Government of India in this behalf.
20. The Authority may decline to allow utilisation of D.R.C. in the following situations:-
a. Under direction from a competent court.
b. Where the Authority has reason to believe that the transfer for utilisation of
D.R.C. has been obtained by fraudulent means.
c. Where the utilisation application does not comply with the terms and
conditions.
d. Where the utilisation application is not duly signed by the transferor and
transferee.
e. Where the utilisation application is not duly accompanied by original D.R.C.
21. In full utilization of D.R.C., the D.R.C. shall not be returned to the D.R.C. holders but
shall be retained with the Planning Authority / Local Body concerned after canceling
the same.

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22. In case of death of holders of D.R.C., the D.R.C. will be transferred only on
production of “Will / Survivors Certificate / Inheritance Certificate / Heir ship
Certificate”/ succession certificate of letter of Administration and / or probate of a
will wherever applicable. On production of aforesaid documents names of the legal
heirs shall be included in the D.R.C.
23. Where the D.R.C. holder is a minor, no permission for transfer for utilisation shall be
considered unless the application is made by the guardian appointed by the Court.
24. If a holder of D.R.C. intends to transfer it to any other person, he will submit the
D.R.C. to the Planning Authority / Local Body with an application for endorsement of
the new holders name, i.e., the transferee, on the said certificate. Without such
endorsement by the Planning Authority / Local Body, the transfer shall not be valid
and the Certificate will be available for use only by the earlier original holder.
25. D.R.C. shall be in prescribed form transferable only after due authentication by the
Planning Authority / Local Body.
26. The Planning Authority (BDA when the TDR is generated by a plot / land located in
BDA jurisdiction and BBMP when the TDR is generated by a plot or land located in
BBMP jurisdiction) shall maintain a register in the format annexed to this Notification
relating to grant and utilisation of Development Rights. Planning Authority / Local
Body which issues the DRC shall only maintain the account of utilization till it is
exhausted.
27. If in, or in connection with, the exercise of its powers and discharge its functions by
the Planning Authority / Local Body, any difficulty arises relating to the interpretation
of these regulations, it shall be referred to the Government, whose decision will be
final.

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APPENDIX 1
Table 26: Building lines specified for various roads

Sl. No Name of the Road Building Line Required


1. Sampige Road 3.0 m from the edge of the road
2. Margosa road 3.0 m from the edge of the road
3. 17th Cross, Malleswaram 3.0 m from the edge of the road
4. Platform Road 3.0 m from the edge of the road
5. Palace Cross Road 3.0 m from the edge of the road
6. K.B.G. Road 3.0 m from the edge of the road
7. 80 ft road, Rajajinagar 3.0 m from the edge of road
8. West of chord Road 3.0 m from the edge of road
12.0 m beyond Housing Board
9. Magadi road Quarters Road
10. Tumkur road 5.0 m up to C.M.T.I, Quarter road
11. Tumkur road 12.0 m beyond C.M.T.I Quarter road
12. Triveni Road, Yashwanthpur 12.0 m beyond C.M.T.I Quarter road
13. Tannery road 5.0 m beyond Devarajeevanahalli cross
5.0 m up to level crossing Devarajeevana-
14. Old Madras road halli cross (new Aero engine Factory )
15. Old Madras road 12.0 m beyond New Aero engine Factory
16. Kengal Hanumanthaiah road 3.0 m from the edge of road
17. Jayachamarajendra road 3.0 m from the edge of road
18. H.Siddaiah road 3.0 m from the edge of road
19. Raja ram Mohan roy road 3.0 m from the edge of road
3.0 m from the edge of the road between
20. Varthur Trinity church to Airport
12.0 m from the edge of the road, from
21. Varthur road beyond the Airport.
3.0 m from Adarsha theatre to police
22. Chinmaya Mission Hospital station road
23. Indiranagar 100 ft. road 3.0 m from the edge of road
24. Mahatma Gandhi Road 5.0 m up to Dickenson road
25. Mahatma Gandhi Road 5.0 m Dickenson road to trinity church
26. Central Street 3.0 m from the edge of road
27. St.John’s road 5.0 m from the edge of the road
28. St.John’s road 5.0 m from the edge of the road
29. Assaye road 3.0 m from the edge of the road
30. Brigade road 3.0 m from the edge of the road
31. St marks road 3.0 m from the edge of the road
32. Residency road 5.0 m from the edge of the road
33. Cambridge road 3.0 m from the edge of the road
34. Nandidurga road 3.0 m from the edge of the road
35. District office road 5.0 m from the edge of the road
36. Chickpet road 2.0 m from the edge of road
37. Akkipet road 2.0 m from the edge of road
38. Nagarthpet road 2.0 m from the edge of road

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East tank bund 3.0 m from the edge of the road
39. road(Subashnagar)
40. Goods shed road 3.0 m from the edge of the road
41. Balepet road 2.0 m from the edge of road
42. Subedar Chathram road 3.0 m from the edge of the road
43. 5th main road(Gandhinagar) 3.0 m from the edge of the road
44. Narasimharaja road 3.0 m from the edge of the road
45. Silver jubilee park road 3.0 m from the edge of the road
46. Pampamahakavi road 3.0 m from the edge of the road
5.0 m from the edge of the road up to ring
47. Kanakapura road road
12.0 m from the edge of the road beyond
48. Kanakapura road outer ring road.
12.0 m from the edge of the road beyond
49. Hosur road ring road.
Roads all round Jayanagar 3.0 m from the edge of the road
50.
shopping complex
51. South End road 5.0 m from the edge of the road
52. East End road 5.0 m from the edge of the road
53. Pattallamma street 3.0 m from the edge of the road
54. Krumbigal road 3.0 m from the edge of the road
55. Ashoka pillar road(100ft road) 6.0 m from the edge of the road
56. Alur Venkatarao road 3.0 m from the edge of the road
57. K.R. road 3.0 m from the edge of the road
58. Gandhi Bazar main road 3.0 m from the edge of the road
59. Nagasandra road 3.0 m from the edge of the road
60. B.P.Wadia road 3.0 m from the edge of the road
61. Vasavi temple road 3.0 m from the edge of the road
62. Diagonal road V.V. Puram 3.0 m from the edge of the road
3.0 m up to Salem railway line level
63. Hennur road crossing
8.0 m beyond Salem railway line level
64. Hennur road crossing
65. Munireddypalya main rd 2.0 m from the edge of road
66. Poorna Venkatarao road 2.0 m from the edge of road
67. Police road & Belimutt road 2 .0 m from the edge of road
68. Kilari road 2.0 m from the edge of road
69. Seppings road 2.0 m from the edge of road
70. New market road 2.0 m from the edge of road
71. Jewelers road 2.0 m from the edge of road
72. Dharma raja koil street 2.0 m from the edge of road
73. Jumma masjid road, OPH Road 2.0 m from the edge of road
74. Narayanapillay street 2.0 m from the edge of road
75. Ibrahim saheb street 2.0 m from the edge of road
76. Thoppa mudaliar road 2.0 m from the edge of road
77. Linden street 2.0 m from the edge of road
78. Austin town centre street 2.0 m from the edge of road
79. KHN Badur Abdul Rehman road 2.0 m from the edge of road
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131
80. Sheshadri puram 1st main road 3.0 m from the edge of the road
81. 50 ft road Hanumanthnagar 3.0 m from the edge of the road
82. 44th cross Hanumanthnagar 2.0 m from the edge of road
Thavarekere main road (Hosur 2.0 m from the edge of road
83. rd junction to circle of old village
84. Gavipuram Guttahalli main road 2.0 m from the edge of road
85. Nethaji road 2.0 m from the edge of road
Malleshwaram 8th main (from 6th 3.0 m from the edge of the road
86.
cross junction to 15thcross jn)
87. Dattatreya temple road 2.0 m from the edge of road
West of chord road from Navarang 3.0 m from the edge of the road
88. circle to LIC colony
Rajajinagar Bashyam circle to ESI 3.0 m from the edge of the road
89. Hospital
90. Madhavarao Mudaliar road 3.0 m from the edge of the road
91. Davis road 2.0 m from the edge of road
92. Robertson road 2.0 m from the edge of road.

Town Planner Member Commissioner Chairman


BDA BDA BDA

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APPENDIX - II

AFFIDAVIT

I hereby certify that the erection, re-erection, material alternation in the building bearing
property survey No. . . . . . . . . . . . . . . ., plot no. . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .Village . . . …………Hobli . . . . ………. Taluk will be carried out under
my supervision and I certify that all the materials (type and grade) and the workmanship of the
work and structural safety of the building will be in accordance with the general and detailed
specifications submitted along with this certificate and that the work will be carried out
according to the sanctioned plan.

I hereby undertake to report to the authority within 3 days of any deviation from the sanctioned
plan, or violation of Zoning Regulations, observed during the construction of the aforesaid
building.

I also certify that the building has been designed as per the specifications prescribed in the
National Building Code 2005 and publication of the Bureau of the Indian Standard 1893-2002
for making the building resistant to earthquake and also as per fire safety norms.

I hereby agree that if any of the above statements are found false, then the concerned Authority
is at liberty to cancel my license for practice.

Signature . . . . . . . . . . . . . ... . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name of the registered Architect / Planner / Engineer /. . . . . . . . .


(In block letters)

Registration Number of the registered Architect / Planner / Engineer . . . . . . .

Address of the registered Architect / Planner / Engineer. . . . . . . . . . . . . . . . ..

......................................................

Dated:. . . . . . . . . . . . .

Place:………………..

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APPENDIX-III

APPLICATION FOR PERMISSION FOR DEVELOPMENT RIGHTS


CERTIFICATE

Date:
From
……………………
(Name of owner of land)
Address
……………………
……………………
To
The Commissioner,
…………………….BDA / BBMP
…………………….

Sir,
I, Intend to surrender the under mentioned land bearing Survey No. …….. of
………Village of …………Hobli and ……….Taluk reserved for the public purpose of
………….. as per the R.M.P 2015 for the grant of “Development Rights Certificate”.

I / We forward herewith the following –

• Site Plan as per R.M.P 2015.


• Detailed Survey Plan
• Title Deed
• Property card and latest assessment book extract
• Up-to-date tax paid receipt
• The area statement of reservation duly certified by the architect
• Encumbrance certificate
• I / We hereby request that the land affected by the reservation of ………. May be
atken over and Development Rights Certificate (D.R.C) in lieu thereof may be issued
to me/us.

Signature of the Owner(s) of the land

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APPENDIX-IV

Office of the Commissioner

BDA/BBMP, Bangalore

Register of Utilization of Development Rights Certificate

S1. Folio D.R.C. Date and Name of Built area Transfer /


No. No. No Sanction the in sq. mtrs. Utilisation
No. Transferer as per of D.R.C.
D.R.C. area in sq.
mtrs.
1 2 3 4 5 6 7

Balance Name and Details Transfe Utilisati Signature of


area of Address of Property r fee on the
D.R.C. in the where paid Form sanctioning
sq. met. Transferees(s) D.R.C. is No. Authority
Proposed to be and
used Date
(Recoring plot)
7 8 9 10 11 12

__________________

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APPENDIX-V

UNDERTAKING BY THE APPLICANT

To
The Commissioner,
BDA/BBMP,
Bangalore.
Sir,
Subject: …………………………………………………..

I/We, Smt./Shri……………………………………….
Residing at/carrying on business at …………………………………………

Are the owners/developers of the property bearing Sy.No./C.T.C.


No/K.No………of…………………..village…………………..Hobli,……………..
Taluk,……………Bangalore, do hereby agree and undertake as under.

Whereas, I/We are absolutely owner of the property bearing C.T.C.


No./K. No…………. of…………………..village…………………..Hobli,……………..
Taluk,……………Bangalore.

And whereas, the owner/developers have requested the Authority to


grant of Development Rights Certificate.

And whereas, the Commissioner, Bangalore Development Authority/


Bruhat Bangalore Mahanagara Palike, has intended to grant Development
Rights Certificate on compliance of various terms and conditions vide letter
under No…………….., dated ………………

I/We, hereby agree and undertake as under:-

(1) I/We have leveled the aforesaid land up to the formation level as
stipulated by the authority. I/We hereby agree and undertake to rectify any
defects in respect of filling and leveling of the aforesaid land within period of
one year from the date of handing over possession of the said land.

2) This undertaking is binding upon me/us by my/our heirs, executors and


administrators and assignees.
Dated this ………… day of …..200….

Witness: (1)

(2) Yours faithfully

- 63 -
136
APPENDIX-VI

PRO FORMA FOR AFFIDAVIT TO BE GIVEN BY OWNER/S

I/We……………………. Aged,………. Of Indian inhabitant residing at


………………………

I/We, am/are the Proprietors/Partner(s) of the firm…………….

Having its registered office at ……………… is/am the owner(s) of the


land bearing C.S.No./C.T.S.No./K.No………………………of…………………..
village…………………..Hobli,……………..Taluk,…………… Bangalore.

State on affirmation as under:

The aforesaid land is partly/fully reserved for the purpose of


……………….. … as per the sanctioned R.M.P 2015.

I/We have neither taken any monetary compensation or Compensatory


F.A.R. not claimed Transfer of Development Right in lie of the said land
earlier. I/We, am/are, entitled for T.D.R. and grant of Development Rights
Certificate under Section 14-B of the Karnataka Town and Country Planning
Act, 1961 and Rules thereunder.

Dated this…………… date of………… the year………………

Deponent:
Identified by me:

Advocate:
Name:
Address:
Before me:
Notary/Magistrate

- 64 -
137
APPENDIX-VII

Office of the Commissioner,


BDA/BBMP,
Bangalore.

Date of issue…………. Sr. No……

A) DEVELOPMENT RIGHTS CERTIFICATE UTILISATION FORM

We, the undersigned to hereby request to allow to utilize the build-up


area measuring (in words…..sq. mts. In figures…. Sq.mts.) out of the total
build-up area available in the Development Rights Certificate No…….,
dated…………. Folio………… and permit the said built-up area to be utilized
by the persons named below-
_______________________________________________________________
PARTICULARS OF D.R.C. HOLDERS
Development Rights Certificate No……………..
Folio No………………

Name in full Signature(s)


(1)………………….. (1)………………………………..
(2)………………….. (2)………………………………..
(3)………………….. (3)………………………………..
(4)…………………… , (4)……………………………….

Attestation:
I hereby attest the signature of
the D.R.C. Holder's herein
mentioned
Signature………………………
Name……………………….
Address Seal………………….
…………………… ………………. ,,

Signature of Witness
……………………………

Name and address of Witness


…………………………………….
…………………………………….
…………… ……………………….
<<

…………….Pin ………………..

- 65 -
138
(A) Details of property where D.R.C. is proposed to be used i.e., Location and
Building.
………………………………………………………………………………………….
(B) Area to be utilized in sq.mts. (in firg.) …………………………………
(in words)……………………………………………….
(C) Balance built-up area as per D.R.C. in sq.mts. (in firg.) ……………….
(in words)………………………
(D) Balance area in the D.R.C. after utilisation (in firg.) ………………..
(in words)…………………………………………………

D=C-B

- 66 -
139
Office of the Commissioner,
BDA/BBMP,
Bangalore.

B) PARTICULARS OF PERSON(S) UTILIZING D.R.C.


Name's and address in full Signature(s)
(1)………………….. …… (1)………………………………..
(2)………………….. …… (2)………………………………..
(3)………………….. …… (3)………………………………..
(4)………………………. (4)……………………………….
Dated this…………day of……………two thousand ……..place…….

Signature of magistrate/Public Notary with Seal

Date:
For Office Use Folio No.
Checked by …………. …………………………
Signature tallied by…….. …………………………
Entered in the register of Specimen Signature of …………………………
Transfer No…………. person's utilizing D.R.C. ……………………….
Approval date and No.
………………………….
……………………. …………………………

Development Rights Certificates to be returned


To (Fill in the name and address to which the certificates
are required to be returned)
Name and address ……………………………
…………………………………………………….
Fees for utilization paid Rs.
Vide Receipt No. ……………..
Date ……………………
Signature …………………………

- 67 -
140
APPENDIX-VIII

Office of the Commissioner,


BDA/BBMP,
Bangalore.

DEVELOPMENT RIGHTS CERTIFICATE

I, ………………Commissioner, BDA/BBMP Certify that the person(s)


within named in this certificate is / are the registered holder(s) of the
Development Rights Certificate issued subject to the provision of Section
14-B of the Karnataka Town and Country planing Act, 1961 and Rules
thereunder:
(1) Location and details of the land surrendered.
(a) Area of the land in sq. mts.
(b) Land handed over the Authority / Govt.

Vide Possession Receipt No. and Date


(1) Zone of land surrendered.
(2) Reservation of land surrendered.
(3) The area where D.R.C. can be utilised.
D.R.C. will be allowed to
be used as provided under
regulations.

Folio No: certificate No.


TDR/W/SW.ARD …………

Name of the
DRC Holder(s) (1)
(2)
(3)
F.A.R. Credit of built-up area in sq.mts. (in figures)
………………
(in words …………………………………)

Given under common seal …………. Day of …………… Year ………………….

Commissioner,
BDA/BBMP,
Bangalore.

- 68 -
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145
146
RNI No. KARBIL/2001/47147
147

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¨sÁUÀ–IVA ¨ÉAUÀ¼ÀÆgÀÄ, ±À¤ªÁgÀ, ¸É¥ÉÖA§gï 29, 2018 (D±ÀéAiÀÄÄd 7,, ±ÀPÀ ªÀµÀð 1940)
19 £ÀA. 1376
Part–IVA Bengaluru, Saturday,
day, September 29,
2 2018 (Ashwayuja 7,, Shaka Varsha 1940) No. 1376

URBAN DEVELOPMENT SECRETARIAT


NOTIFICATION
NO. UDD 112 MNJ 2015, Bengaluru, Dated : 29.09.2018

Whereas the draft of the Zoning Regulations of Bengaluru of the Revised Master Plan-2015
Plan
(Amendment) Regulations, 2018 was published as required by section 13-E 13 E of the Karnataka Town
and Country Planning Act, 1961. [Karnataka Act 11 of 1963] in Notification No.UDD 112 MNJ 2015,
dated 09.03.2018 in part IV-A A of the Karnataka
Karnataka Gazette Extraordinary No.380, dated:12.03.2018
inviting objections and suggestions from all persons likely to be affected thereby within thirty days
from the date of its publication in the Official Gazette.

And whereas, the said Gazette was made available


available to the public on 12.03.2018.

And whereas, no objections and suggestions have been received by the Government in this
behalf.

Now therefore, in exercise of the powers conferred by section 13-E


13 E of the the Karnataka Town
and Country Planning Act, 1961 [Karnataka
[Karnataka Act 11 of 1963], the Government of Karnataka hereby
makes the following Regulations further to amend the Zoning Regulations of Bengaluru of Revised
Master Plan – 2015,

___namely:-

REGULATIONS

1. Title and commencement.-- (1) These regulations may be called the Zoning Regulations of
Bengaluru of the Revised Master Plan-2015
Plan 2015 (Amendment) Regulations 2018.

(2) They shall come into force from the date of their publication in the official Gazette.

2. Amendment of Chapter-3.- In chapter 3 of the Zoning Regulations of Bengaluru of the Revised


Master Plan-2015
2015 (herein after referred to as the said regulations),-
regulations),
(A) After the regulation 3.4 (v) of the said regulations, the following shall be inserted, namely:-
namely:
3.4 (vi) Impact Zone Premium FAR.-
FAR
(i) Means additional
nal FAR permitted by collecting additional fees within the Impact Zone of
MRTS/LRT/Peripheral Ring Road projects, as specified in the Karnataka Planning
Authority Rules, 1965.
(ii) Impact Zone as defined in the Karnataka Planning Authority Rules, 1965 shall be entitled
to one unit of extra FAR as premium F.A.R over and above the permissible FAR for all
148 2

permissible uses, irrespective of the FAR applicable for the respective uses in the
respective tables, subject to a minimum road width of 12m.
{Illustration: If the existing permissible FAR of a plot is 2, then the Impact Zone
Premium FAR would be 1 and the total permissible FAR would become 2+1 = 3.}
(iii) Impact Zone Premium FAR shall be granted under the regulations with an additional fee
as prescribed in the Planning Authority Rules, 1965.
(iv) Only the area which falls within impact zone shall be eligible for Impact Zone Premium
FAR, which may be utilized for the whole extent irrespective of the area falling within the
impact zone.
(v) The Impact Zone Premium FAR shall not be transferrable.
(vi) Impact Zone Premium FAR shall not be claimed for plots, on which there is construction
which has violated the existing Zoning Regulations or Building by-laws.
(vii) Procedure for the grant of Impact Zone Premium FAR:

a) The applicant shall apply to Planning Authority/Local Authority along with the NOC
from Bengaluru Metro Rail Corporation Limited (BMRCL) to avail the Impact Zone
Premium FAR along Metro corridor and Planning Authority/Local Authority would
scrutinize the proposal with reference to the Zoning Regulations and also with
reference to the request for the Impact Zone Premium FAR.

b) The applicant shall remit the Impact Zone Premium FAR fee by way of demand draft
to the Planning Authority/Local Authority and it shall be kept in a separate head of
account.

c) Planning Authority/Local Authority shall maintain independent registers detailing


the cases of grant of Impact Zone Premium FAR in the format prescribed in
Appendix-IX.

(B) In the regulation 3.16 of the said regulations (General Notes), Item no (ix) shall be omitted.
3. Insertion of Appendix IX. – After Appendix VIII of the said regulations the following shall be
inserted, namely:-

File Name of Property Location of Permis Impact Zone Impact Zone Total Remarks
No. the details property with sible Premium Premium FAR Impact
applicant respect to FAR FAR allowed fee Zone
and metro station in sqm per sqm Premium
address and respective FAR fee
phases paid

By order and in the name of the Governor of Karnataka

K.S.JAGADISHA REDDY
Under Secretary to Government,
Urban Development Department.

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c
cFRNI No. KAR
RBIL/2001/4
47147
149

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5
153
(i) RAqÀ (¹)£À°è, “ºÉÆgÀvÀÄ ¥Àr¹” JA§ ¥ÀzÀPÉÌ §zÀ¯ÁV, “M¼ÀUÉÆAqÀAvÉ” JA§
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CPÀëgÀUÀ¼À£ÀÄß ¥ÀævÁåAiÉÆÃf¸ÀvÀPÀÌzÀÄÝ; ªÀÄvÀÄÛ
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æ 75 ZÀ.«ÄÃ. UÉ ¥Àw
æ 2 PÉÆoÀrUÀ½UÉ ºÁUÀÆ 1 PÁgÀÄ
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¥ÀjUÀt¸ÀĪÀÅzÀÄ)
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50 ZÀ.«ÄÃ FAR

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J£ï. £ÀgÀ¹AºÀ ªÀÄÆwð


¸ÀPÁðgÀzÀ G¥À PÁAiÀÄðzÀ²ð
£ÀUÀgÁ©üªÀÈ¢Þ E¯ÁSÉ.

URBAN DEVELOPMENT SECRETARIAT


NOTIFICATION
No. UDD 255 MNJ 2018, Bengaluru, Dated: 19.06.2019

Whereas, the draft of the following regulations further to amend the Zoning Regulation of
Bengaluru of the Revised Master Plan-2015, was published as required by section 13-E of the
Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) in Notification No.
UDD 255 MNJ 2018, dated 07.03.2019 in part IV-A of the Karnataka Extraordinary Gazette No. 235
dated 8th March 2019 inviting objections or suggestions from all the persons likely to be affected
thereby within thirty days from the date of its publication in the official Gazette.
And whereas, the said Gazette was made available to the public on 8th March 2019.
And whereas, objections and suggestions have been received in this behalf and considered by
the State Government.
Now, therefore in exercise of the powers conferred by section 13-E of the Karnataka Town
and Country Planning Act, 1961 (Karnataka Act 11 of 1963), the Government of Karnataka hereby
makes the following regulations further to amend the Zoning Regulation of Bengaluru of the Revised
Master Plan-2015.
154 6

REGULATIONS
1. Title and commencement.- (1) These regulations may be called the Zoning Regulations
of Bengaluru of the Revised Master Plan-2015 (Amendment) Regulations, 2019.
(2) They shall come into force from the date of their final publication in the Official Gazette.
2. Amendment of “technical terms and definitions”.- In the Zoning Regulation of
Bangalore of the Revised Master Plan-2015 (hereinafter referred to as the said
regulations), under the heading “Technical terms and Definitions”,-
(1) for serial number 3, the following shall be substituted, namely:-
3. Apartment Building or Group Housing or Multi-Dwelling Unit Building;
means one or more buildings, containing or meant for multi-family dwelling and contains
more than four dwelling units.”
(2) In serial number 16, for item “Non residential development plan” and the entries
relating thereto, the following shall be substituted, namely:-
“Non residential Development Plan; means a plan containing proposal for
construction of one or more commercial buildings on a plot size measuring more
than 20,000 square meter in extent.”
3. Amendment of Chapter 3;- In chapter 3 of the said regulations,-
(1) In regulation 3.1, after Table-9 and the entries relating thereto, the following shall be
inserted namely:-
“Note:- The following constructions may be permitted within the setback area
without affecting the required drive-way around the building as prescribed in these
regulations:
(a) Watch man’s cubicle not more than 4sqm at the entry / exit point; and
(b) Fire control room (maximum 4m*4m)(no set back from the boundary).”
(2) For regulation 3.4 and the entries relating thereto, the following shall be substituted
namely:-
“3.4: FAR or Floor Area Ratio:-
The following constructions shall be excluded from FAR computation, namely :-
(i) Area reserved for service such as electrical substation or panel room, generator,
pump room, Ac plant room, solid waste management, fire control room, security or
CCTV room, etc. ;
(ii) Refuge areas provided in high rise buildings as per fire norms;
(iii) A separate public toilet block provided in the non-residential complex or plot;
(iv) Building management or society room with a maximum size of 40 square meter;
(v) Staircase / staircase room;
(vi) Architectural features which are not usable for living or other purpose;
(vii) Chimneys;
(viii) Ventilation ducts and Garbage shafts;
(ix) Ducts;
(x) Parking areas including driveways and ramps;
(xi) Swimming pools and toilets attached to swimming pools constructed in open yard or
in any floor for common use by the residents/users;
(xii) Overhead tanks;
(xiii) Escalators;
(xiv) Lift wells and lift machine room;
(xv) Watch man’s cubicle not exceeding four square meter area; and
(xvi) Sewerage treatment plant as specified by the Karnataka State Pollution Control
Board and pump rooms.”
“3.4-A Height of Building.- (i) Height of the building shall be considered as defined in
these regulations. The following constructions shall be exempted while calculating height
of the building, namely;-
(a) Slabs casted/ structures constructed above the terrace floor exclusively for
providing services such as AC chiller plants, solar panels, deride antennas, lift
machine rooms, overhead tanks and staircase head rooms cover (up to a
maximum height of 3.5m) chimneys, parapet walls(up to 1.2m in height) and
other architectural features; and
(b) The internal open space may be covered on top to prevent rain water from entering
the building which shall not exceed 2m and shall not be a permanent structure;
and
(c) For calculating the height limitation prescribed in the vicinity of Aerodromes, the
overall height of the building including that of the above details shall be
considered; and
7

(ii) The height of buildings and other structures within the Bengaluru Metropoliton
155
Area (Local Planning Area) shall be within the limits prescribed by the various
Airport Authorities with different air funnel zones; and
(iii) In case of plots where the ground level contiguous to the building is below the
road level (for which FAR is considered) and the building is located away from the
road where the approach to the building is not provided directly from such road,
but from a separate road or driveway through the plot, the height of the building
shall be measured from the ground level contiguous to the building and not from
the road level (For which FAR is considered).”
(3) In regulations 3.6 in clause-(i), for the words “tallest building”, the words, figures and
brackets, “tallest building or minimum 16 meters (whichever is lower)’, shall be
substituted.
(4) In regulation 3.9, in clause-(ix), for the words “to the satisfaction of the authority”, the
words “under the provisions of these regulations or National Building Code.”, shall be
substituted.
(5) In regulation 3.11,-
(i) for clauses iii and iv, the following shall be substituted, namely
“iii. A portico / porch may be permitted in the ground floor within the setback. No access
is permitted to the top of portico for using it as a sit out. The size of cantilever portico is
restricted to 3.0m X 4.50m. In case of high rise buildings cantilever portico is allowed as
per fire norms. The portico when allowed shall have a clear open space of 1m from the
boundary of the property and in case of high rise buildings such portico should have a
minimum clear height of 5.5m and a vehicle passage width of 6m, if such portico or
porch projects into the mandatory driveway of 6m.”; and
iv. Balcony:
a. No balcony is allowed in the ground floor.
b. Open Balcony projection should not exceed 1/3rd of the setback on that side subject
to a maximum of 1.20m in the first floor and maximum 1.75m beyond second floor
whichever is less.
c. Balconies are not allowed in commercial Buildings, beyond setbacks.”
(6) In regulation 3.12, for clause (ii), the following shall be substituted namely:-
“(ii) For all the buildings with height of 15m and above, NOC from Fire and
Emergency Services Department in addition to NOC from Karnataka State Pollution
Control Board shall be furnished.”
(7) In regulation 3.16,-
(i)For clause vi, the following shall be substituted, namely:-
“vi. Mezzanine floor is permitted between any 2 floors in residential buildings,
the area of which is considered for calculation of FAR, subject to a minimum area
of 9.5 sqm and maximum of 1/3rd of the area of the respective floor. The
minimum height of Mezzanine floor shall be 2.75m, and shall not be used as
kitchen.”;
(ii) For clause-xv, the following shall be substituted, namely:-
“xv. Tree Planting: (a) Planting of minimum one tree is mandatory for
a site measuring 180 sqm and up to 240 sqm and minimum of 2 trees for sites
with more than 240 sqm. The concerned authorities shall ensure that the
trees are planted before the occupancy certificate is issued. The trees shall be
planted only in the rear setback area.
(b) In cases of Apartment Building or Group Housing or Multi
dwelling Unit Building or Development Plan, one tree shall be planted for every
240sqm of FAR area or part thereof. In such cases, the Authorities shall
ensure that the trees are at least 2m in height, before the issuance of
occupancy certificate. The tree shall be planted in the set-back area along the
periphery of the site or area reserved for parks or open spaces or along the
roads as avenue plantation, excluding the drive way.
(c) In case of sub-division, in addition to the site level mandatory
plantation, the developer shall carryout plantation at the rate of fourty trees
per hectare of land sub division and proportionately for every additional extent
of land or plot area.”

4. Amendment of Chapter 6.- In chapter 6 of the said regulations, in regulation 6.1, in


clause (e), for second point and the entries relating thereto, the following shall be
substituted, namely :-
156 8

“The area earmarked for residential development shall be upto a maximum of


55% of the total land area. A maximum of 3% of the total area from out of permissible
residential area may be earmarked for commercial use in one or two block only.”
5. Amendment of Chapter 7.- In chapter 7 of the said regulations,
(1) in regulation 7.1, in the Table-20, for the words and figures “Less than 12.0”, the
word and figures “upto 12.0” shall be substituted.
(2) in regulation 7.2,-
(i) in clause (c), for the word “excluding”, the word “including” shall be substituted;
and
(ii) in the Table-21 for the words and figures “Less than 9” the word and figures “upto
9.0” shall be substituted.
(3) in regulation 7.3, in the Table-22.-
(i) for the word, figures, symbol and letters “ Above 18m < 24m” the words, figures
and letters “Above 18.0m upto 24.0m” shall be substituted; and
(ii) for the word, figures, symbol and letters “ Above 24m < 30m” the words, figures
and letters “Above 24.0m upto 30.0m” shall be substituted.
6. Amendment to Chapter 8.- In chapter 8 of the said regulations, in regulation 8.0, in the
Table-23, for serial number 7 and 8 and the entries relating thereto, the following shall be
substituted, namely:-

7 For star hotels for every 2 Rooms plus 1 car parking for every
75sqm of remaining built up area for visitors and
part thereof (FAR area to be considered).
8 Office buildings in 75sqm along 1 KM on either side of the metro
Non Residential corridors.
Development Plan 50sqm of floor area, in the areas other than metro
(Govt/Semi-Govt. IT, corridors.
BT and Pvt)

By Order and in the name of the Governor of Karnataka

N. NARASIMHA MURTHY
Deputy Secretary to Government
Urban Development Department.

¸ÀPÁðj ªÀÄÄzÀæuÁ®AiÀÄ, «PÁ¸À ¸ËzsÀ WÀlPÀ, ¨ÉAUÀ¼ÀÆgÀÄ. (¦7) ¥ÀæwUÀ¼ÀÄ: 300


157
R.N.I. No. KA
ARBIL/2001/47147 PO
OSTAL REGN. No. RN
NP/KA/BGS/2202/20177-19
Licensed to post without prepaym
ment WPP No. 297
2

ಶೇಷ ರರಾಜಯ್ ಪತಿರ್


ತಿರ್ಕೆ
ಭಾಗ– IVಎ ಬೆಂಗ
ಗಳೂರು, ಮಂಗಳ
ಳವಾರ, 21, ಏಪಿರ್
ಪಿರ್ಲ್, 2020 ( ವೈೖಶಾಖ 01, ಶಕ
ಕವಷರ್ 1942) ನಂ. 144
4
Part– IVA
A Benga AY,21,APRIL,
aluru, TUESDA ,2020 (Vaishakha 01, Shak
kaVarsha 1942
2) No. 144
4

GOV
VERNMENTT OF KARN
NATAKA
No.
N UDD 15 TTP 2015 Karnataaka Governmeent Secretariaats
Vikasa Sooudha,
Bengaluru, Dated 21.04.2020
2
NOTIF
FICATION

Wherreas, the drafft further to amend the Zonal Regulaations in forcce in the loccal planning areas, a
approved
a by the Governm ment which thhe Governmeent of Karnattaka, proposees to make in i exercise of o the
powers
p confeerred by Secttion 13-E of The
T Karnatakka Town and Country Plannning Act, 19 961(Karnatakka Act
11 of 1963), was publisheed in Notificaion No.UDD 15 TTP 20155, Bengaluru,, dated 11-12-2019 in partt-IVA
o the Karnaataka extraordinary No.10
of 047 dated 111-12-2019 invviting objectiions and sugggestions from m all
persons
p likely
y to be affecteed thereby wiithin thirty daays from the date
d of its pubblication in thhe official Gazzette.

And whereas the said Gazette was made avvailable to th he public on 11th Dec 2019 and whereas no
objection
o or suggestions
s h
have been receeived by the State
S Governm
ment.

Now therefore, inn exercise off the powers conferred byy Section 13--E of The Kaarnataka Townn and
Country
C Plannning Act, 19961(Karnatakka Act 11 of 1963), the Government
G oof Karnataka hereby makees the
following
f reg
gulations, nam
mely:-
EGULATIO
RE ONS

1. Title
T and Coommencemennt.- (1) Thesee regulations may be calleed the Masteer Plans or Zooning
Regulations
R Amendment) Regulations, 2020.
(A

(2) They shalll come into fo


orce from the date of their final publicattion in the Offficial Gazettee.

2. Am
mendment off the Master Plans or Zon nal Regulatioons approvedd by the Statte Governmeent of
any Local
L Planniing Area.- Notwithstand
N ding anything contained inn the approveed Master Plaans or
Zoninng Regulationns of any Local Planning Area, in forcce, in the Staate, the follow
wing Infrastruucture
shall be permitted within the bu
uffer area alonng the rivers and
a other Waater bodies, naamely:-

1. Water Pum
mping Stationns;
2.
2 Walking trracks;

3. Play fieldss without anyy building connstruction;

1
158 2
4. Cycling tracks; and

5. Parks

In case of rivers in Coastal regulations zones No Objection Certificate shall be obtained from the
Coastal regulatory authority before permission is granted for the above uses.
By Order and in the name of the
Governor of Karnataka

(C.S.Shivakumaraswamy)
Under Secretary to Government
Urban Development Department.

ಮುದರ್ಕರು ಹಾಗೂ ಪರ್ಕಾಶಕರು:- ಸಂಕಲನಾಧಿಕಾರಿಗಳು, ಕನಾರ್ಟಕ ರಾಜಯ್ಪತರ್, ಸಕಾರ್ರಿ ಕೇಂದರ್ ಮುದರ್ಣಾಲಯ, ಬೆಂಗಳೂರು

SUNIL GARDE Digitally signed by SUNIL GARDE


Date: 2020.04.22 12:49:36 +05'30'
C.A.No.4845/21

ITEM NO.3
1

Court 1 (Video Conferencing)


159
ANNEXURE R11

SECTION XVII

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Civil Appeal No(s).4845/2021

WONDER PROJECTS DEVELOPMENT PVT. LTD & ANR. Appellant(s)

VERSUS
UNION OF INDIA & ORS. Respondent(s)

(IA No.101340/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED


JUDGMENT and IA No.101339/2021-STAY APPLICATION)

Date : 26-08-2021 This appeal was called on for hearing today.

CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SURYA KANT

For Appellant(s) Dr. A.M. Singhvi, Sr.Adv.


Mr. Pinaki Mishra, Sr.Adv.
Mr. Udaya Holla, Sr.Adv.
Mr. Venancio D’Costa, Adv.
Mr. Faisal Sherwani, AOR
Ms. Astha Ojha, Adv.
Ms. Gauri Goel, Adv.

For Respondent(s) Mr. Raj Panjwani, Sr.Adv.


For R.No.2 Mr. Rahul Choudhary, Adv.
Ms. Srishti Agnihotri, AOR
Ms. Sanjana Grace Thomas, Adv.

UPON hearing the counsel the Court made the following


O R D E R

The Court is convened through Video Conferencing.


Heard Dr. A.M. Singhvi, learned senior counsel appearing
on behalf of the appellants as also Mr.Raj Panjwani, learned senior
counsel, who appears on caveat on behalf of respondent No.2.
Admit.
Ms. Srishti Agnihotri, learned counsel, who appears on
caveat on behalf of respondent No.2, accepts notice and waives
Signature Not Verified

Digitally signed by
SATISH KUMAR YADAV

service of formal notice upon the said respondent.


Date: 2021.08.26
16:57:39 IST
Reason:

Four weeks’ time is granted to respondent No.2 to file


counter affidavit.
………………….2/-
160
C.A.No.4845/21 2

In the meantime, status quo, as it exists today, shall be


maintained by the parties.

(SATISH KUMAR YADAV) (R.S. NARAYANAN)


DEPUTY REGISTRAR COURT MASTER (NSH)
ANNEXURE R12
161
162
Karnataka State Pollution Control Board
Parisara Bhavana,No.49, Church Street,Bengaluru-560001

Tele : 080-25589112/3, Fax:080-25586321 Email id: [email protected]


25581383
Consent For Operation(CFO-Air,Water) - (CfO-Fresh)

As per the provisions of


The Water (Prevention & Control of Pollution) Act, 1974
&
The Air (Prevention & Control of Pollution) Act, 1981

To
Residentail Apartment by united Infrastructures,

for the Facility located at,


Residentail Apartment by united Infrastructures,SY.NO. 326, 327/3, ammani
Bellandur Khane Village, Varthur Hobli, Bengaluru East Taluk, Ward No. 149,
Bengaluru ,
Bangalore Urban

Consent Order No PCBID INW ID Industry Colour/Scale Date of Issue


AW-336300 86842 166096 RED/LARGE 20/02/2023

This Consent is granted for the Products/ Activity/Service name indicated


in the annexure along with the terms & conditions attached to this order

Validity through: 20/02/2022 to 30/06/2026

Page-1 e_outwardno58421-- PCB ID-86842 INW ID-166096 CHIEF/SENIOR ENVIRONMENTAL OFFICER Printed from XGN
20/02/2023
163
(This document contains 7 pages including annexure & excluding additional conditions)

Combined Consent Order No. AW-336300 PCB ID: 86842 Date: 20/02/2023
Combined consent for discharge of effluents under the Water (Prevention and Control of Pollution) Act ,
1974 and emission under the Air (Prevention and Control of Pollution)Act , 1981

Ref: 1. Application filed by the applicant/organization on 18/05/2022

2.Inspection of the on 12/05/2022


Industry/organization/by RO,
3.Proceedings of the ECM dated 21/06/2022 ,held on 16/06/2022
Consent is hereby granted to the Occupier under Section 25(4) of the Water (Prevention & Control of Pollution) Act, 1974 (
herein referred to as the Water Act) & Section 21 of Air (Prevention & Control of Pollution) Act, 1981, ( herein referred to as
the Air Act) and the Rules and Orders made there under and authorized the Occupier to operate /carryout industry/activity
& to make discharge of the effluents & emissions confirming to the stipulated standards from the premises mentioned
below and subject to the terms and conditions as detailed in the Schedule Annexed to this order.
Location:
Name of the Industry: Residentail Apartment by united Infrastructures
Address: SY.NO. 326, 327/3, ammani Bellandur Khane Village, Varthur Hobli, Bengaluru East Taluk, Ward No.
149, Bengaluru,
Industrial Area: Not In I.A, Amani Bellandur Khane Village,,
Taluk: BBMP- W- 149, District: Bangalore Urban
CONDITIONS:
a) Discharge of effluents under the Water Act:
Sr Water Code WC(KLD) WWG(KLD) Remark
1 Domestic Purpose 157.000 126.000 Sewage effluent shall be
discharge into STP of
capacity 135 KLD, treated to
standards stipulated at all
times and used for secondary
urban purposes within the
premises with Zero Liquid
discharge outside.
b) Discharge of Air emissions under the Air Act from the following stacks etc.
Sl. No. Description of chimney/outlet Limits specified refer schedule
The details of Sources, control equipments and its specification, type of fuel,constituents
to be controlled in emissions etc. are detailed in Annexure-II.

The consent for operation is granted considering the following activities/Products;


Sr Product Name Applied Qty Unit
1 residential apartment with 232 flats having tbua of 31,577.69 SQM 1.0000 Number

Validity through : 20/02/202 to 30/06/2026


2

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(This document contains 7 pages including annexure & excluding additional conditions)
To,
Residentail Apartment by united Infrastructures
Amani Bellandur Khane Village, Varthur
hobli, Bangalore East Taluk, Bangalore.

COPY TO:

The Environmental Officer, KSPCB, Regional Office Bangalore Mahadevapura for information and necessary action.
2. Master Register.
3. Case file.

Consent Fee paid : Rs. 250000

SCHEDULE

TERMS AND CONDITIONS

A. TREATMENT AND DISPOSAL OF EFFLUENTS UNDER THE WATER ACT.

1. The discharge from the premises of the occupier shall pass through the terminal manhole/manholes where from
the Board shall be free to collect samples in accordance with the provisions of the Act/Rules made there under.

2(a). The sewage/domestic effluent shall be treated in septic tank and with soak pit. No overflow from the soak pit
is allowed. The septic tank and soak pit shall be as per IS 2470 Part-I & Part-II.

2(b). The treated sewage effluent discharged shall conform to the standards specified in Annexure-I.

3(a). The trade effluent generated in the industry shall be treated in the ETP and treated effluent shall confirm to
the standards stipulated by the Board in Annexure-I

3(b).The trade effluent shall be handed over to CETP and maintain logbook of effluent generated & sent every day.
4. The applicant shall install flow measuring/recording devices to record the discharge quantity and maintain
the record.

5. The applicant shall not change or alter either the quality or the quantity or the place of discharge or temperature
or the point of discharge without the previous consent/ permission of the Board.

6. The applicant shall not allow the discharge from the other premises to mix with the discharge from his premises.
Storm water shall not be allowed to mix with the effluents on the upstream of the terminal manhole where the
flow measuring devices are installed.

7. The daily quantity of domestic effluent and trade effluent from the industry shall not exceed the limits as indicated
in this consent order:

8. The applicant shall discharge the effluents only to the place mentioned in the Consent order and discharge of
treated/untreated outside the premises is not permitted.

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B. EMISSIONS:

1. The discharge of emissions from the premises of the applicant shall pass through the air pollution control equipment
and discharged through stacks/chimneys mentioned in Annexure-II where from the Board shall be free to collect the
samples at any time in accordance with the provisions of the Act and Rules made there under.The tolerance limits of the
constituents forming the emissions in each of the stacks shall not exceed the limits laid down in Annexure-II.

2. The applicant shall provide port holes for sampling of emission, access platforms for carrying out stack sampling,
electrical points and all other necessary arrangements including ladder as indicated in Annexure-II.

3. The applicant shall upgrade/modify/replace the control equipment with prior permission of the Board.

C.MONITORING & REPORTING:

1. The applicant shall get the samples of effluents & emissions collected and get them analyzed once a month/either
by in house monitoring laboratory or through EP approved laboratories for the parameters as Indicated in
Annexure I & II.

2. The applicant shall maintain log books to reflect the working condition of pollution control systems and also self
monitoring results and keep it open for inspection.

D. SOLID WASTE (OTHER THAN HAZARDOUS WASTE) DISPOSAL:

1.The applicant shall segregate solid waste from Hazardous Waste, Municipal Solid Waste and store it properly
till treatment/disposal without causing pollution to the surrounding Environment.

2.The solid waste generated shall be handled & disposed by scientific method without causing eye sore to the
general public and to the surrounding environment.

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E. NOISE POLLUTION CONTROL:

The applicant shall ensure that the ambient noise levels within its premises during construction and during operational
period shall not exceed w.r.t Area/Zone as per Noise Pollution (Regulation and Control) Rules, 2000 as mentioned
below:-

a) In Industrial Area 75 dB(A) Leq during day time and 70 dB(A) Leq during night time.

b) In Commercial Area 65 dB(A) Leq during day time and 55 dB(A) Leq during night time.

c) In Residential Area 55 dB(A) Leq during day time and 45 dB(A) Leq during night time.

d) In Silence Zone 50 dB(A) Leq during day time and 40 dB(A) Leq during night time.

Note: - * Day time shall mean 6 am to 10 pm and Night time shall mean 10 pm to 6 am.

* dB(A) Leq denotes the time weighted average of the level of sound in decibels on scale A which is
relatable to human hearing.

* A “decibel” is a unit in which noise is measured.

* “A”, in dB(A) Leq, denotes the frequency weighting in the measurement of noise and corresponds to
frequency response characteristics of the human ear.

* Leq: It is an energy mean of the noise level over a specified period.


F. HAZARDOUS AND OTHER WASTES (MANAGEMENT & TRANSBOUDARY MOVEMENT)Rules 2016:

The applicant shall comply with the provisions of the Hazardous and other Wastes (Management & Transboundry
Movement) Rules 2016.

G. GENERAL CONDITIONS:

1. The applicant shall not allow the discharge from the other premises to mix with the discharge from his premises.

2. The applicant shall promptly comply with all orders and instructions issued by the Board from time to time or any
other officers of the Board duly authorized in this behalf.

3. The applicant shall set-up Environmental Cell comprising of qualified and competent personnel for complying
with the conditions specified.

4. The Board reserves the right to review, impose additional conditions, revoke, change or alter terms and conditions
of this consent.

5. The applicant shall forthwith keep the Board informed of any accidental discharge of emissions/effluents into
the atmosphere in excess of the standards laid down by the Board. The applicant shall also take corrective steps
to mitigate the impact.

6. The applicant shall provide alternate power supply sufficient to operate all Pollution control equipments.

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7. The entire premises shall always be kept clean. The effluent holding area, inspection chambers, outlets, flow
points should made easily approachable.

8. The applicant shall display the consent granted in a prominent place for perusal of the inspecting officers of
the Board.

9. The applicant his heirs, legal representatives or assignee shall have no claims what so ever to the continuation
or renewal of this consent after expiry of the validity of consent.

10. The applicant shall make an application for consent for subsequent period at least 120 days before expiry of
this consent.

11. The applicant shall develop and maintain adequate green belt all around the periphery.

12. The applicant shall provide rain water harvesting system and shall provide proper storm water management system.

13. This consent is issued without prejudice to any Court Cases pending in any Hon’ble Court

14. The applicant shall furnish the Environmental statement for every financial year ending with 31st March in Form-V
as per Environment (Protection) Rules, 1986. The statement shall be furnished before the end of September.

15. The applicant shall display flow diagram of the pollution control system near the pollution contol system/s

NOTE:
The Conditions Nil mentioned in the schedule are not applicable.
Additional Conditions:

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Chi Chimne Capacity/ Minimum Constituents to be Tolerance limits Fuel Air pollution Date of which air
m.N y KVA chimney controlled in the mg/NM3 Control pollution control
o. attached Rating height to be emission equipment to equipments shall
to provided be be provided to
above installed,in achieve the
ground addition to stipulated
level chimney tolerance limits
(in Mts) height as per and chimney
col.(4) heights
conforming to
stipulated
heights.

1 D.G. 250 KVA 4 PM,SO2,NOx,C 0,0,0 DIE AEC


Sets - 2 No's O,
NMHC
Note:
AEC : Accoustic Enclosures

Note:
1. The Noise levels within the premises shall not exceed 75 dB (A) leq during day time and 70 dB(A) leq during
night time respectively.

2. The DG set shall be provided with acoustic measures as per SI.No.94 in Schedule-I of Environment
(Protection)Rules.

3. There shall be no smell or odour nuisance from the industry.

LOCATION OF SAMPLING PORTHOLES, PLATFORMS, ELECTRICAL OUTLET.

1. Location of Portholes and approach platform:

Portholes shall be provided for all chimneys, stacks and other sources of emission. These shall serve as
the sampling points. The sampling point should be located at a distance equal to atleast eight times the
stack or duct diameters downstream and two diameters upstream from source of low disturbance such as
a Bend, Expansion, Construction Valve, Fitting or Visible Flame for rectangular stacks, the equivalent
diameter can be calculated from the following equation.
2 (Length x Width)
Equivalent Diameter = -----------------------
(Length + Width)
2. The diameter of the sampling port should not be less than 100 mm dia”. Arrangements should be made so that
the porthole is closed firmly during the non sampling period

3. An easily accessible platform to accommodate 3 to 4 persons to conveniently monitor the stack emission from the
portholes shall be provided. Arrangements for an Electric Outlet Point of 230 V 15 A with suitable switch control and
3 Pin Point shall be provided at the Porthole location.
Signature Not Verified
4. The ladder shall be provided with adequate safety features so as to approach the monitoring location with ease.
Digitally signed by
Date: 2023.02.20 10:53:51
+05:30
For and on behalf of the
Karnataka State Pollution Control Board

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