There seem to be differences of opinion between the government and the BBMP, regarding the implementation of recently approved Karnataka Town and Country Planning and Certain Other Laws (Amendment) Act 2009 – popularly known as Akrama Sakrama scheme.
With the Governor H R Bhardwaj giving his nod to the scheme, many illegal constructions will soon become regularised, by paying a penalty. Interestingly, the Governor had rejected the proposal sent by the BJP government in July 2010. The Governor was not in favour of legalising illegal constructions, but okayed the bill after certain amendments by the present government.
Most of the buildings in Bangalore have bye-law violations – some minor, others major. Pic: Shree D N
Confusion still prevails
Earlier when the bill was presented before the governor, the government said that all buildings which have violations and were constructed before December 3, 2009, will be regularised. But now measures are being taken to bring in an ordinance, which would regularise all buildings with violations till the date the bill is approved and sealed by the government.
The government has amended the Karnataka Town and Country Planning Act 1961, the Karnataka Municipal Corporations Act 1976 and Karnataka Municipalities Act 1964, for the Akrama Sakrama scheme, says T K Anil Kumar, secretary to government – Municipalities and Urban Development Authorities, Urban Development Department.
He adds that the government is bringing an ordinance. The final notification of the scheme is being prepared. After this it will be reviewed by and approved by the government, and then released. “We cannot make any commitment on the date. There is also a PIL in the High Court regarding Akrama Sakrama,” adds Anil.
T M Vasudev Rao, Under Secretary to Government (Boards and UDA), UDD says: The bill intends to regularise all violations in constructions in urban areas, within certain limits. The present proposals are bound to change in the final notification. The ordinance promulgated intends to pass rules, whereby the limit for regularisation and regulation will be formed. These rules are yet to be framed.
Vasudev Rao adds that if there are violations beyond the permitted limit, the government will issue orders to demolish the structure. Revenue sites are presently not included in akrama Sakrama scheme.
What does the notification propose?
The notification proposes to regularise deviations up to 50% in residential buildings and upto 25% in commercial structures.
The government aims to charge 6% of the guidance value of the irregular portion in the residential structure as penalty in case the structure has 25% deviation. Eight percent will be charged where deviation exceeds 25%, but is less than 50%.
In case of commercial buildings, 20% of the market value will be levied as penalty for violations upto 12.5%. If violations are more than 12.5%, the violator will be charged 35%.
The scheme also proposes to reduce the penalty amount from 10% to 6% and 8% in residential buildings stated in the Amendment of Karnataka Act 14 of 1977 and Amendment of Karnataka Act 22 of 1964. In case of commercial buildings, it has been proposed to reduce it from 25% to 20% and from 40% to 35%.
Implications of the scheme
Highly placed sources in the Urban Development Department (UDD) say that in Bangalore, it is difficult to find even one building which has adhered to the building bylaws and zonal regulations and has all papers intact. Vasudev Rao says that everyone will benefit from this scheme.
But civic issue analysts fear that this will benefit the violators and the influential who are hand in glove with the government, ministers and officials.
Chowdegowda, Bruhat Bangalore Mahanagara Palike (BBMP) town planning director, says that the people and the government will benefit from the scheme as the scheme includes commercial and residential buildings.
He also says that the rule is applicable to all – both rich and the poor. Only completed structures will come under this scheme, not those under construction.
‘Scheme is not legal’
Kathyayini Chamaraj, executive trustee of CIVIC, points that the scheme is a violation of the Supreme Court order issued on August 18, 2000 in WP © No. 926 /1988 which says “Before such pattern becomes cancerous …, it is high time that remedial measure was taken…..”
She adds: In 2009, when the government had proposed the bill, they had said they would curb irregularities with this one-time bill. But now if they want to bring an ordinance, it clearly means that the government has been unable to curtail irregular construction. This means more violations and more money.
She further adds that though the government claims that all the money will go for the city’s development, this is untrue. Only a part of it will go to BBMP. “Does this also mean that anyone with illegal construction can pay and get over it? What were the government agencies and the departments doing when the illegal constructions were taking place in the city?” she asks.
‘Who will measure the irregularities?’
ABIDe member RK Mishra says that the scheme is a manifestation of corruption and bankruptcy of the government. The government, the officials and the people are to be blamed for allowing and constructing illegal structures. “I wonder whether the government actually ensures that there are no more illegal constructions after this. I also wonder how much money the government will get out of this? Most importantly, who will measure the irregularities and how will it be done?”
Mishra, was also a member of the BBMP Technical Advisory Committee. He questions what made the Governor give his assent to the scheme now, when he had rejected it earlier. “Once this scheme is implemented, we will see a lot of money exchange taking place. This is one way to encourage people to do wrong.The BBMP has allowed illegal constructions to take place and all are hand in glove in these cases,” he says.
He also questions how was occupancy certificate issued to builders when there was illegal construction. He also adds that nothing gets demolished in the city. There is no town planning and no rules in the city, that is why this scheme is proposed, he adds.
‘Action against erring officials’
According to rules, the procedure for any building to be constructed – residential or commercial – the plan sanction has to be approved by the BBMP. Before approval, the design has to go through a registered architect. After the sanction plan is approved and building foundation is laid, the BBMP officials again will verify the structure on site and issue the commencement certificate. After the construction is completed, BBMP again verifies the structure and gives the occupancy certificate.
So with so many formalities, there is limited scope for irregularities, unless the officials are involved in it and bribe is exchanged, adds Kathyayini.
Anil Kumar, however, says the government will find wherever irregularities have taken place and will even take action against the concerned department and officials. “We have to see how we will do this. There are many cases where layouts have been formed without following the zonal rules and Comprehensive Development Plans, we have to take into account all this while finalising the final notification,” he adds.
No statistics available
When asked about the number of violators and revenue details, Vasudev Rao says that the survey was conducted by the BBMP. He doesn’t have a figure.
But Chowdegowda says that there are no figures available with the BBMP about how many buildings have violations. They also do not have any record of how much revenue is expected to be generated through this scheme.
Mishra says a minimum of 60% of the structures in Bangalore are illegal in Bangalore. Most establishments have used the basement space of commercial establishments, which has to be used for parking. It is difficult to find legal constructions in Bangalore.
Sources in the UDD say that in 2007, when a preliminary survey was done, it was found that there were 15 lakh violations in Bangalore. Now the number is nothing less than 30 lakh. This includes vertical and horizontal constructions.
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K n Ramachander dastry
The write-up instantly provokes one to recall what a HC judge said, rather quipped, in a jugular vein, on the quality of motor car being manufactured a few decades ago; that was to the effect that, – every single part/component makes noise, the horn being the only exception. Now, on the presently discussed irritant namely, illegal constructions, there is no gainsaying that, among the count-less lot mushrooming across the length and breadth of the city, to identify which one is not illegal is, as underlined by experts, might prove well-nigh an impossible exercise’- almost a non-starter.,
The lately reported idea, mooted by the BBMP, proposing to resume issuance of so called “B’ khata, as seems to be largely felt, is simply nothing but adding insult to the injury. The two columns on the topic, in today’s issue of TOI. Is seen to have a connectivity to the context herein, and may be worth taking an anxious note of – Ready reference Here > http://swaminathanv208.blogspot.in/2013/11/realty-o-realties.html
The write-up instantly provokes one to recall what a HC judge said, rather quipped, in a jugular vein, on the quality of motor car being manufactured a few decades ago; that was to the effect that, – every single part/component makes noise, the horn being the only exception. Now, on the presently discussed irritant namely, illegal constructions, there is no gainsaying that, among the count-less lot mushrooming across the length and breadth of the city, to identify which one is not illegal is, as underlined by experts, might prove well-nigh an impossible exercise’- almost a non-starter.,
The lately reported idea, mooted by the BBMP, proposing to resume issuance of so called “B’ khata, as seems to be largely felt, is simply nothing but adding insult to the injury. The two columns on the topic, in today’s issue of TOI. Is seen to have a connectivity to the context herein, and may be worth taking an anxious note of – Ready reference Here > http://swaminathanv208.blogspot.in/2013/11/realty-o-realties.html
We all know the case of Campa-Cola Building complex case in Mumbai in which Supreme Court has ordered its owners to vacate the building complex because of voilation of sanction plan ( excess floor raised by builder).As per order entire building will be demolished by Mumbai Municipal Corporation.Since already Supreme Court has taken cognisance of the menace prevalent in housing construction industry,now it will be difficult for any govt.agency to cheat the system by enacting voidable short cut to cover up their failure.
Sharing Own Thoughts But For Common Good:
The reported recent episode, not the first but just one in a long winding series of its kind, – particularly in the more than life-long history of owning and living in a ‘unit’ of a building – may have, as normally expected, left a commoner, with no vested interest, directly, in the ongoing battle of survival but with an unbiased and impartial outlook on life, is sure to have left bewildered; to be precise, painfully wondering, – IS THIS NOT A CLEAR INSTANCE OF missed wisdom underlined in the age old idiom – cutting off the nose to spite the face ! Be that as it should, what is all the more perplexing is this: Is this such a hopeless case as to be brushed aside, with no remedy or way-out left for the victims of the villainy ! If perceived intuitively and intelligently, it suggests, perhaps, a truly competent law professional , worth his salt, should be able to think of ways and means how best to strive and resolve the issues on hand, so also similar others bound to arise and recur in future, with at all no uncertainty. To add and give a hint: It seems worth exploring the scope for salvation in the hidden principles- of common (natural/equity) law underlying the not-unknown (or – unfamiliar concepts),- such as, “balance of convenience”, “adverse possession”, so on. Not but not least, in the famous grand old doctrine of “STARE DECISIS”.
(Left unedited deliberately- for reasons easy to guess)
Now, Over To Law Experts All Around !
A HUNGAMA CALLED AKRAMA SAKRAMA!
The AkramaSakramais only a blatant attempt by the Government to regularize the irregularities of errant builders who have been operating in cahoots with corrupt BBMP/BDA/Town Planning/BESCOM & BWSSB officials. Further it legally absolves the corrupt officials for not having protected the law abiding neighbours and allows them to pocket all the money in bribes taken for throwing a blind eye to building irregularities. Also finally the Government collects a cool Rs.5,000/-crores in this effrontery on residents who live in homes that have followed the laws of the land. So the message from any political party supporting the AkaramaSakrama is to encourage breaking the law for a fee, & care a damn for the law abiding citizen saying –“We will allow your neighbor to steal your ventilation, sunlight, limited water supply&electricity allotted to your area, & make money while doing the same – leaving you in the lurch, while also passing legislations like the AkramaSakrama to protect the errant builder with whom we are allied.” There are big bucks involved here & you (– the honest citizen) don’t matter.
Finally what happens to the Rs. 5,000/- crores collected?If you thought ‘development’ then think again. For example in building a road, only around 20% is actually spent on the road whereas 50% goes into the pockets of the elected custodians of development – our politicians, another 30% is divided among errant builders and government officials. So the AkramaSakrama is eventually going to benefit all those with a devious intent in passing it expeditiouslywhile harassing the people with ground houses built within the law & lastly will not auger well for the development of a pristine Bangalore.
OFFhand (Sharing Own Thoughts)>
< The response , in all its contents, if perceptively considered and intelligently analyzed in anyone's mind, is noted to give yet again vent to the self-same commonly aired adverse view on the attendant irregularities long obtaining in the field . To be precise, it simply endorses the largely accepted position ; that is, the whole buyers' community , rightly or wrongly claimed to be gullible and ignorant, is left in a hopeless , seemingly irretrievable/overwhelming mess of its kind – as someone has cryptically put it – destined to live in times to come in a “sinners' paradise”.
Nonetheless, the most fundamental point of common concern, to everyone sincerely reflect on / ponder is this: Is it not time now, howsoever late that be, for all like-minded (so-called / -believed honest) people, instead of simply lamenting but resigning to live in that otherwise inevitable paradise, to eternity, realize and think of proceeding to act, positively, having immense faith in that soulful reality of life- what a world renowned legal luminary, a great thinker and humanitarian at that, of our own times advocated for, – “Optimism of The Will”- in preference to “pessimism of the intelligence”.
As a wise man and visionary of yester years was never tired of lamenting, but emphasising why the not-so-easy power to 'think', despite being the utmost need of the hour, has increasingly become scarce/the rarest of commodities in supply.
Q
Public opinion….. may weigh with the executive in shaping policies. But it is not for the court to decide …In fact, IN EVERY COUNTRY THE MAJORITY OF THE PEOPLE ARE UNABLE TO THINK FOR THEMSELVES…"
…
Judicial pronouncements can never be a cover for inadequacy of government.
…
There are times in a country's history when inaction and silence can be culpable wrong…"
"In the eighteenth century, Dean Swift said that the majority of men were as fit for flying as for thinking. Technology has made it possible for men to fly, or at least to sit in a contraption that flies, but it has not made it possible to 'think';…..If your education has made it possible for you to think for yourself on the problems which face you and which face the country (the people around you) , your college has done very well .. "
Also look, among others in public domain, @
http://www.business-standard.com/article/companies/rwas-seek-belaire-owners-help-to-take-on-big-realtors-111083100118_1.html
Adv. On a Website, providing a useful cue: We don’t require you to become a lawyer but to learn in a very simple way, the property transaction documentation so that you can guide your advocates and legal process in commanding positions."
These highlighted words, as may be noted, bear out the solution (way-out), perhaps the only sane SOLUTION one can prudently think of, from a pragmatic viewpoint, to try and retrieve oneself out of the current state of affairs – in disarray in every sense.
Key Note: It is for the competent and duly equipped social activists, not barring the class of passionate but impartially disposed advising professionals, to volunteer and come out with their ideas frankly, as to how best to redeem !
For More useful clues of guidance Read: http://praja.in/en/blog/m… (A Project considered devoted to finding any possible solution to the Problems widely confronted with)
WITH THE IMPLEMENTATION OF THE LONG PENDING SAKRAMA SCHEME, MANY RTI ACTIVISTS, BLACKMAILERS, BOOTLEGGERS, ETC….WILL GO JOBLESS. THANKS TO THE DAUNTLESS CM.
PROF. SRINIVAS
If we strictly follow the guidelines , Entire Bangalore is to be rebuilt. As much as we blame the officials what about the people of Bangalore who have used every opportunity to spoil the city by their greed. If the permission is for G + 1 floor houses are built for more than 3 floors, not worried about the set off around the built up area, encroaching to foot paths, converting every residential building into commercial building just to name a few.
If we really want to demolish on the lines of CAMPA COLA most of the city will have to be demolished. Build a NEW Bangalore like NEW Delhi, EXpand the roads across the entire city, compensate the building so demolished and plan for next 100 years of Bangalore else it will decay with congested roads, blocked sewerage and last but the most important water shortage. It is time we as citizens also woke up and stop being greedy when it suits us and later blame only politicians