A proposed draft notification by the Karnataka government has spread the word among landowners, especially in Bengaluru and rapidly urbanising areas of the state, where many landowners are protesting the proposed draft notification as it concerns the subdivision of large land parcels, and property owners say it will have a big impact on inherited properties and family settlements.
The issue centers on a draft notice issued on June 4 to the public inviting objections and suggestions to the plan for a month, which was leaked in the local press. According to the draft, the owners who wish to divide large land holdings may have to surrender up to 45 per cent of the land for public infrastructure and civic amenities according to planning rules.
The proposal has drawn criticism from landowners who argue that the rule adds another layer of pressure on families who want to divide ancestral property among their family members.
What does the Draft Proposal say?
According to the draft notification, the proposed rule applies to the subdivision of land of more than 2,000 square metres in areas governed by Karnataka’s planning regulations.
If land is divided into multiple sites or plots, some of the land may need to be reserved or surrendered for the development of:
Roads, parks and open areas, public utilities, civic infrastructure, and other city infrastructure required in urban planning.
According to reports, the maximum surrender requirement could be up to 45 per cent, depending on the nature of the development and planning authority's requirements.
The proposal is said to have been framed under provisions of the Karnataka Town and Country Planning Act, 1961, especially for land development and subdivision.
Why are landowners against it?
The proposal has aroused concern among landowners who say a draft of the proposal would make it difficult for them to share inherited property among family members, complicating the process of transferring inherited property.
Many argue that:
- Families dividing ancestral property should not be considered commercial developers.
- The proposed land surrender requirement is excessive.
- It could reduce the value of family-owned land significantly.
- The draft could cause additional financial and legal headaches for ordinary citizens.
Property owners’ associations have asked the government to withdraw the notification and have wider consultations before implementing any such rule.
Some landowners have indeed made representations to the committee for reconsideration of the proposal.
Court-Decreed Partitions may be Exempt
One aspect of the draft that has attracted attention is the reported exemption for property partitions carried out through a court decree.
As suggested in the proposal, if legal heirs are given a court decree for the division of ancestral property, the land surrender provisions may not apply in the same way.
In the meantime, legal experts and landowners have asked whether people are more likely to settle in the courts than to be part of a voluntary family split.
Government's Perspective
Urban planning experts say land surrender provisions are meant to ensure that developing areas have sufficient infrastructure, including roads, drainage, parks, and public facilities.
With cities’ growth and expansion like Bengaluru, planning authorities will often require developers to reserve land for civic facilities before approving new layouts.
The government has maintained that the notification is only a draft proposal and public concerns were invited precisely to gather stakeholder feedback before any final decision.
No final notification has yet been served based on the information available today.
Political and Public Reaction
The draft has become a political issue quickly, as well as one that has been criticized as unfair to the ordinary property owner.
Landowners' organisations have appealed to the Karnataka government and the Governor to withdraw or to make the proposal more effective.
Real estate experts said that the outcome will be in the hands of the government, planning authorities, legal experts, and stakeholders, but will be influenced by the impact of the situation on the real estate market.
If implemented in this way, the rule could affect future property subdivisions, urban development patterns, and inheritance-related transactions in Karnataka.
For now, the proposal is still being discussed publicly, and the parties are waiting for the government to make a decision based on all the feedback.
