Guv returns BMLTA, Apartment Bills, seeks clarifications

Bengaluru: Governor Thaawarchand Gehlot has returned two bits of legislation, including the amendment to the Bengaluru Metropolitan Land Transport Authority (BMLTA) Act, to the state government, seeking clarifications on their provisions.The second legislation returned by the Governor is the Karnataka Apartment (Ownership and Management) Bill, 2026, which seeks to overhaul the framework governing apartment ownership and management in the state.The Governor’s move comes weeks after both Bills were passed during the recent Assembly session amid criticism that they were cleared without adequate debate or scrutiny.Bengaluru Tunnel Road project | BJP to oppose Tanks, BMLTA amendments Under a new provision inserted into Section 19 of the BMLTA (Amendment) Bill, 2026, projects initiated between the commencement of the BMLTA Act in 2022 and the day preceding the notification of the BMLTA Rules, 2026, are sought to be deemed as having been approved under the Act. The section could exempt projects worth about Rs 1.5 lakh crore, including tunnel roads, from fresh scrutiny.The BMLTA amendment comes against the backdrop of a legal challenge to the government’s earlier attempt to provide a similar exemption through rules. The government has now sought to incorporate the exemption into the parent legislation itself.Meanwhile, the Governor has also sought clarifications on the Karnataka Apartment (Ownership and Management) Bill, 2026. The exact details of the clarification are not known.After the legislation was passed in the Assembly, the Federation of Karnataka Apartment Owners’ Cooperative Societies (FOKACS) had raised objections to some of the provisions, arguing that it denies apartment owners the right to form a cooperative society, which it considers an effective mechanism for securing transfer of land under the Real Estate (Regulation and Development) Act.The organisation had also questioned whether the proposed legislation is consistent with Section 17 of RERA, which requires promoters to execute a registered conveyance deed in favour of the allottee, along with the undivided proportionate title in the common areas in favour of the association of allottees.The 2026 Bill proposes a ‘deed of transfer’ mechanism for the undivided share in the land. However, concerns have been raised over the absence of clarity on how such ownership would be reflected in land and mutation records. FOKACS had also pointed to concerns arising from the earlier Karnataka Apartment Ownership Act, 1972, under which builders allegedly continued to mortgage land despite provisions governing apartment ownership.Tushar Girinath, Additional Chief Secretery of the Urban Development Department (UDD), said the Governor had only sought clarity with respect to both these pieces of legislation and had not returned them in their entirety.

Source: Deccan Herald