38D. Allotment of Bangalore Development Authority Land in favour of original
owner or purchaser or unauthorized occupant etc.- (1) Notwithstanding anything contained in
this Ordinance or in any other law or any development scheme made under this Ordinance, but
without prejudice to section 38-C where the Authority after holding such enquiry as it deems fit, is
of the opinion that any land vested in, or acquired by it cannot be used by it on account of existing
building thereon and it is not practicable to include such land for the purpose of development scheme or formation of sites, the Authority may, subject to such rules after holding such enquiry as
may be prescribed, allot such land by sale in favour of the original owner of the land or purchaser
from its original owner or any other person in unauthorized occupation of the land for some reason
or other who has put up the building on the land and is in settled possession of such land but does
not include a tenant, licencee or permissive user subject to the conditions that,-
(i) The building was in existence on such land and in settled possession for not less than twelve years prior to the date of commencement of the Bangalore Development Authority (Amendment) Ordinance, 2020;
(ii) The allotee makes payment towards the allotment of land at rates specified in the table below,-
|Extent of Land with building,other than corner site
|| Amount to be levied and collected
|| Up to 20'X30'
|| Ten percent of the Guidance value
|| More than 20'X30' and upto 30'X40'
|| Twenty five percent of the Guidance value
|| More than 30'X40' up to 40'X60'
|| Forty percent of the Guidance value
|| More than 40'X60' and upto 50'X80'
|| Fifty percent of the Guidance value and penalty as may be prescribed
Provided that, in respect of corner site with building twice the rate specified above.
(iii) Total extent of land allotted to any person under this sub-section shall not exceed 4000 square feet and no other member of his family shall be entitled to apply for or seek benefit of allotment of any other land on any ground whatsoever;
(iv) Such original possessor of the land, purchaser from its original possessor or the person who is in unauthorized occupation of the land for one reason or other and is in possession of such land with building for more than twelve years prior to the date of commencement of the Bangalore Development Authority (Amendment) Ordinance, 2020 seeking an allotment makes an application to the Authority containing such particulars, within such time and along with such fee as may be prescribed and also produces copy of any of the following supporting documents to establish his settled possession and construction of Building thereon like sale deed, approved plan and permission for construction of building, order for permanent supply of electricity, sanction for connection of supply of water and underground drainage for such building, property tax receipt given or issued by the competent authority for being paid the tax for such building or any such other document to establish his settled possession and construction of any building as may be prescribed:
Provided that no such land shall be allotted if,-
(a) it is reserved for parks, playground, open space or for providing civic amenities;
(b) it affects alignment of any road or proposed ring road, National Highways, by-pass road or mass rapid transit system (rail) projects;
(c) it is abutting to or upon a storm water drain, tank bed area, river course or beds or below high tension electric lines; and
(d) the possession for more than twelve years is litigious or interrupted possession by virtue of interim order of court.