Notwithstanding anything contained in this Act and except as hereinafter provided in this section, the prescribed authority, if satisfied after holding such enquiry as it deems fit that any person is in unauthorized occupation of any land belonging to Government and has constructed a dwelling house on such land, prior to 4[first day of January 2015]4, may on an application made to it by such person within such period, in such form along with such fee and on payment of such amount, as may be prescribed grant in such manner and subject to the following conditions and such other restrictions and conditions as may be prescribed, such land to the extent covered by the house to be specified in the order of grant, namely,-
(i) The applicant shall submit proof for having constructed the dwelling house prior to 4[first day of January 2015]4;
(ii) No house built unauthorisedly on the land belonging to State Government shall be regularized which is coming under the jurisdictional limits of the Bruhat Bengaluru Mahanagara Palike, City Corporations CMCs, TMCs in the State;
(iii) No land shall be granted if the person who has applied for grant of such land or any member of his family owns any building or site within the urban or rural areas in which the land for which application is made is situated;
(iv) No person shall be eligible for grant of land for more than one dwelling house either in his name or in the name of any member of his family;
Explanation : For the purpose of this clause ―Members of Family‖ means and includes the husband, wife, un-married daughters and minor sons as the case may be.
(v) The land so granted shall not be alienated for a period of fifteen years from the date of receipt of order of grant;
(vi) The grantee shall not use the building for any purposes other than as dwelling house;
(via) That no land shall be granted in the areas lying within the limits of Cities and City Municipalities specified in column (2) of the table below and within the distance from such limits specified in the corresponding entries in column (3) thereof ;
TABLE Sl. No. Places Distance
(1) (2) (3) 1. Bruhat Bangalore Mahanagarapalike under the Karnataka 18 Kms. Municipal Corporations Act, 1976. 2. The Cities of Belgaum, Gulbarga, Hubli-Dharwad, Mangalore 10 Kms. and Mysore respectively under the provisions of Karnataka Municipal Corporations Act, 1976. 3. All City Municipalities under the Karnataka Municipalities Act, 5 Kms. 1964.
(vib) For other Municipal Corporations under the Karnataka Municipal Corporations Act, 1976, the outer limit of 10 Kms. shall apply ;
(vic) The unauthorised buildings lying within the limit of 3 Kms. from the outer periphery of TMCs and Town Panchayats shall not be regularized;
(vid) Existing Government approved conditions for eligibility under Ashraya Housing Scheme shall apply in toto;
(vie) The area actually occupied by the built up house or built up area [[not exceeding 4,000 square feet]5] whichever is less shall be regularized.
(vii) No land shall be granted where construction of dwelling house in occupied land;
(a) lies in the line of natural drains or course of valley;
(b) belongs to an authority owned or controlled by State Government or any local authority;
(c) coming in the way of existing or proposed roads, inner or outer ring roads, national highways, by pass over ring roads including those proposed for widening and railway lines, tramways, mass rapid transit system projects, communications and other civic facilities or public utilities;
(d) is a forest land;
(e) belongs to another person over which the applicant has no title;
(f) is reserved for parks, play grounds, open places or for providing any civic amenities;
(g) is abutting to neighbouring property, storm water drain, tank bed areas, river course or beds and canals or below the high tension electric lines;
(h) use is against height restrictions specified in zoning regulations for heritage monuments, aerodromes and Defense regulations;
(i) not conforms to any clearance from high-tension lines or fire protection measures;
(j) is in the area covered by the Coastal Zone Regulation of the Ministry of Environment and Forest, Government of India:
Provided that, regularization of violation in respect of change of land use shall be made as far as may be in accordance with Section 14-A of Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963]1]2 [Provided further that the distance herein shall be calculated aerially from the limits of jurisdiction of the city corporation or municipality concerned.]6 Act.