514 Municipal Corporations 1977: KAR.

ACT 14]

(2) Whenever the Commissioner or standing committee refuses to grant

permission to construct or reconstruct a hut, the reason for such refusal
shall be specifically stated in the order.
318. Lapse of permission if not acted upon within six months.- If
the construction or reconstruction of any hut is not commenced within six
months after the date on which permission was given to execute the work,
the work shall not be commenced until a fresh application has been made
and a fresh permission granted under this Chapter.
319. Maintenance of external walls in repair.- The owner or occupier
of any building adjoining a street shall keep the external part thereof in
proper repair with limeplaster or other material to the satisfaction of the
Commissioner.
320. Application of provisions to alterations and additions.- (1) The
provisions of this Chapter and of any rules or bye-laws made under this Act
relating to construction and re-construction of the buildings or huts shall also
be applicable to any alteration thereof or addition thereto:
Provided that works of necessary repair which do not affect the position
or dimensions of a building or hut or any room in a building therein shall not
be deemed an alteration or addition for the purpose of this section.
(2) If any question arises as to whether any addition or alteration is a
necessary repair not affecting the position or dimensions of a building or hut
or room in a building therein, such question shall be referred to the standing
committee, whose decision shall be final.
321. Demolition or alteration of buildings or well work unlawfully
commenced, carried on or completed.- (1) If the Commissioner is
satisfied,-
(i) that the construction or re-construction of any building or hut or
well,-
(a) has been commenced without obtaining his permission or
where an appeal or reference has been made to the standing
committee, in contravention of any order passed by the standing
committee; or
(b) is being carried on, or has been completed otherwise than
in accordance with the plans or particulars on which such
permission or order was based; or
1977: KAR. ACT 14] Municipal Corporations 515

(c) is being carried on, or has been completed in breach of any

of the provisions of this Act or of any rule or bye-law made under
this Act or of any direction or requisition lawfully given or made
under this Act or such rules or bye-laws; or
(ii) that any alteration required by any notice issued under section
308, have not been duly made; or
(iii) that any alteration of or addition to any building or hut or any
other work made or done for any purpose into, or upon any
building or hut, has been commenced or is being carried on or
has been completed in breach of section 320,
he may make a provisional order requiring the owner of the building to
demolish the work done, or so much of it as, in the opinion of the
Commissioner, has been unlawfully executed, or make such alterations as
may, in the opinion of the Commissioner, be necessary to bring the work
into conformity with the Act, rules, bye-laws, directions or requisitions as
aforesaid, or with the plans or particulars on which such permission or
orders was based and may also direct that until the said order is complied
with the owner or builder shall refrain from proceeding with the building or
well or hut.
(2) The Commissioner shall serve a copy of the provisional order made
under sub-section (1) on the owner or builder of the building or hut or well
together with a notice requiring him to show cause within a reasonable time
to be named in such notice why the order should not be confirmed.
(3) If the owner or builder fails to show cause to the satisfaction of the
Commissioner, the Commissioner may confirm the order, with any
modification he may think fit and such order shall then be binding on the
owner.
(4) If the construction or reconstruction of any building or hut is
commenced contrary to the provisions of section 300 or 314 and the
Commissioner is of the opinion that immediate action should be taken, then,
notwithstanding anything contained in this Act, a notice to be given under
sub-section (2) shall not be of less duration than twenty-four hours and shall
be deemed to be duly served if it is affixed in some conspicuous part of the
building or hut to which the notice relates and published by proclamation at
or near such building or hut accompanied by beat of drum, and upon such
516 Municipal Corporations 1977: KAR. ACT 14]

affixation and publication, all persons concerned shall be deemed, to have

been duly informed of the matters stated therein.
1
[321-A. Regularisation of certain unlawful buildings.- (1)
Notwithstanding anything contained in this Act, when construction of any
building is completed in contravention of the section 300, section 321 and
building by laws made under section 423, the Commissioner may regularise
building constructed prior to 3[2[the date of commencement of the Karnataka
Town and Country Planning and certain other Laws (Amendment) Act,
2013]2]3 subject to the following restrictions and such rules as may be
prescribed and on payment of the amount specified in sub-section (2),
namely:-
(a) Where the building is built abutting the neighbouring property or
where the set back provided is less than the limit prescribed in bye laws,
violation upto twenty-five percent in case of non-residential buildings and
fifty percent in case of residential buildings shall be regularized.
(b) No development made in the basement or usage in contravention
of bye law shall be regularized.
(c) The construction of building shall not be regularised if it violates the
building line specified on any given road unless the owners of such building
furnish an undertaking that the space between the building line and the road
or footpath or margin will be given up free of cost at any time when required
for the purpose of widening the road in question.
(d) The provisions of sub-sections (2) to (14) of section 76 FF of the
Karnataka Town and Country Planning Act, 1961, shall apply mutatis
mutandis for regularization of building under this section and application for
regularization being made to the Commissioner.
(2) Regularisation of any construction under this section shall be
subject to payment of the prescribed amount which may be different for
different types of contravention of building bye-laws;
Provided that the amount so prescribed shall not be less than,-

(i) 2[six]2 percent of the market value, determined in accordance with

the Karnataka Stamp Act, 1957 and rules made thereunder, of the portion
of the building built in violation of the provisions referred to above, if such
violation of set back norms and permissible floor area ratio does not exceed
twenty five percent;
(ii) 2[eight]2 percent of the market value, determined in accordance
with the Karnataka Stamp Act, 1957 and the rules made thereunder, of the