THE AKRAMA SAKRAMA NOTIFICATION WILL COME INTO EFFECT ONCE IT IS CLEARED BY THE HIGH COURT OF KARNATAKA.
THE AKRAMA SAKRAMA NOTIFICATION WILL COME INTO EFFECT ONCE IT IS CLEARED BY THE HIGH COURT OF KARNATAKA.
THE GOVERNMENT OF KARNATAKA HAS ISSUED A GAZETTEE NOTIFICATION OF THE AMENDMENT TO THE KARNATAKA TOWN AND COUNTRY PLANNING(REGULARISATION OF UNAUTHORISED DEVELOPMENT OR CONSTRUCTION)RULE, 2013.
THE GAZETTE NOTIFICATION DATED 28-05-2014
AKRAMA – SAKRAMA
Old and Forgotten issue:
OWNERS PRIDE AND NEIGHBORS PAIN AND HORROR- The mute neighbor is the worst affected – Redressal of neighbor`s issue due to violation is A MUST.
The Government has not considered the neighbors horror and pain, while regularizing the illegal and unauthorized construction, which affects the neighbors most and in the process of regularization under this scheme, neighbors consent must be obtained, otherwise these illegal tenements must not be regularized.
The neighbors can approach the court and initiate the appropriate proceedings against such illegal buildings.
THE CONTINUING `STAY ORDER` ON THE NOTORIOUS SCHEME OF AKRAMA-SAKRAMA HAS NOT BEEN REVOKED NOR VACATED IN THE HIGH COURT TILL YESTERDAY!!!
THERE ARE MORE STRONG REASONS AND OBJECTIONS ROSE AGAINST THIS NOTORIOUS SCHEME BY LAW ABIDING CITIZENS ABOUT THE FUTURE EFFECTS AND CONSEQUENCES OF THIS SCHEME, WHICH MUST BE DEALT WITH, BEFORE BEING IMPLEMENTED OR ENFORCED.
THE FOLLOWING PROPERTIES TO BE REGULARISED:
1). BUILDINGS CONSTRUCTED WITHOUT APPROVED/SANCTIONED BUILDING PLANS.
2). BUILDINGS/COMMERCIAL COMPLEXES WHICH HAS NOT BEEN CONSTRUCTED AS PER THE SANCTIONED/APPROVED PLAN.
3). BUILDINGS/COMMERCIAL COMPLEXES CONSTRUCTED WITHIN BDA JURISDICTION – GROUND – FIRST FLOOR – SECOND FLOOR AND ADDITIONAL FLOORS. (GRAM PANCHAYAT APPROVAL BEYOND GROUND AND FIRST FLOOR)
4). REVENUE SITES WITHOUT DC CONVERSION.
5). DC CONVERTED SITES AND LAYOUTS CONVERTED FOR RESIDENTIAL/COMMERCIAL USE UNDER DC CONVERSION ORDERS BUT WITHOUT LAYOUT APPROVAL FROM BDA (WITHIN ITS JURISDICTION) BMRDA (WITHIN ITS JURISDICTION) AND ALL OTHER PLANNING AUTHORITIES JURISDICTION ACROSS THE STATE.
6). SET BACK DEVIATION OR VIOLATION.
7). FLOOR AREA RATIO DEVIATION.
AKRAMA – SAKRAMA RULES, REGULATIONS AND PROCEDURES ARE OUT – SUBMIT OBJECTIONS, SUGGESTIONS AND RECOMMENDATIONS NOW? DEVIATIONS, VIOLATIONS, REVENUE SITES, REVENUE LAYOUTS, DC CONVERTED SITES, BUILDINGS WITHOUT APPROVED PLANS AND ILLEGAL AND UNAUTHORISED LAYOUTS COULD BE REGULARISED.
LAW ABIDING CITIZENS, RESIDENTS WELFARE ASSOCIATIONS AND ORGANISATION CAN SUBMIT THEIR OBJECTIONS, SUGGESTIONS AND RECOMMENDATION S TO THE FOLLOWING ADDRESS:
THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BANGALORE-560 001.
The Karnataka Town and Country Planning (Regulation of unauthorised development or construction) Act, duration of the scheme has been extended from three months to one year.
The government has fixed October 19, 2013, as the cutoff date for unauthorised properties eligible for regularisation.
Under the scheme,
a). violations pertaining to setback,
b). Floor Area Ratio (FAR),
c). non-conversion of agricultural land and
d). formation of unauthorised layouts and sites under urban local bodies, including Bruhat Bangalore Mahanagara Palike (BBMP), are liable for waiver.
But implementation of the scheme is subject to the Karnataka High Court permission. The court has directed the government to maintain status quo with regard to implementation of the scheme. Till date the Government has not filed any affidavit in the court regarding the amendment. Even this may be challenged.
Under the new rules, processing applications and passing regularisation orders will be issued by the competent authorities (commissioners of ULBs) have been empowered.
The new rules define unauthorised properties, bringing in greater clarity.
Under the new rules, up to 25 pc violation in residential buildings will attract a fee of 6 pc of the total guidance value of the property (either land or built-up area) and 8 per cent between 25 and 50 per cent. For non-residential buildings, regularisation charges will be 20 per cent of the guidance value for less than 12.5 per cent violation; 35 per cent for up to 25 per cent.
Scrutiny fee at the rate of Re 1 for every square meter of the total plot area in case of plots in unauthorised layouts and Rs 2 per sq m of total floor area of building will be collected.
GET READY TO REGULARISE THE UNAUTHORISED AND ILLEGAL STRUCTURES, ONCE FOR ALL. GET READY WITH ALL THE DOCS AND DETAILS PLUS LOADS OF MONEY AND GET READY TO PAY BABUS
THE NOTORIOUS (AKRAMA-SAKRAMA)SCHEME OF REGULARISING THE ILLEGAL AND UNAUTHORISED CONSTRUCTION AND THE AMENDMENT TO THE KTCP ACT HAS BEEN APPROVED BY THE LEGISLATURE AND IT IS PENDING FOR DISCUSSION IN THE UPPER HOUSE AND IT MAY BE DISCUSSED IN THE OPEN HOUSE TODAY AT THE LEGISLATURE SESSION BEING HELD IN BELGAUM.
THE RULES AND THE PROCEDURES WILL BE FORMULATED UPON THE ASSENT BY THE GOVERNOR.
THE HIGHLIGHTS OF THIS SCHEME:
1). THE LAST DATE MAY BE DECEMBER, 2013. ALL THE ILLEGAL AND UNAUTHORISED STRUCTURES AND BUILDINGS CONSTRUCTED UP TO THE MONTH OF DECEMBER, 2013 MAY BE REGULARISED SUBJECT TO THE SEVERAL CONDITIONS.
2). THE QUANTUM OF REGULARISATION IS 50% FOR RESIDENTIAL BUILDINGS AND 25% FOR COMMERCIAL BUILDINGS.
3). THE QUANTUM OF PENALTY IS NOT YET FIXED.
4). THE PROCEDURE, RULES AND REGULATIONS HAVE TO BE FRAMED SOON AFTER THE ASSENT FROM THE GOVERNOR OFFICE.
5). THE MOST IMPORTANT ASPECT OF THIS AMENDMENT IS THAT ONLY PROPERTIES OR BUILDINGS WHICH HAVE DEVIATED FROM THE SANCTIONED BUILDING PLANS AND BUILT ON THE LAND OWNED BY THE OWNER IS ELIGIBLE. ANY CONSTRUCTION ON GOVERNMENT LAND, BDA LAND AND PROPERTIES WHICH ARE UNDER LITIGATION ARE NOT ELIGIBLE.
6). THE DEVIATIONS AND VIOLATIONS IN RESPECT OF FAR AND SETBACK, BOTH TOGETHER MUST NOT EXCEED 50% IN CASE OF RESIDENTIAL BUILDING AND 25% IN RESPECT OF COMMERCIAL BUILDINGS AND ANY EXCESS OR CONSTRUCTION EXCEEDING 50% AND 25% RESPECTIVELY MUST BE REMOVED OR DEMOLISHED TO BE ELIGIBLE FOR REGULARISATION.
7). THE DEVIATION AND VIOLATION IS RESPECT OF THE HEIGHT WILL BE UNDER CONSIDERATION, WHILE ANALYSING THE QUANTUM OF DEVIATION OR VIOLATION.
75% TO 90% OF THE BUILDINGS IN BANGALORE ARE NOT ELIGIBLE FOR REGULARISATION, UNLESS THE ADDITIONAL OR EXCESS OR PERCENTAGE BEYOND 50% AND 25% RESPECTIVELY ARE DEMOLISHED OR REMOVED, WHICH IS VERY DIFFICULT OR EXTREMELY IMPOSSIBLE. THE OFFICIALS MAY TURN BLIND EYE AND REGULARISE THE ILLEGAL CONSTRUCTION BY STATING THAT THE DEVIATION IS WITHIN THE PERMISSIBLE LIMITS. THIS DISCREPANCY OR FRAUD OR MISREPRESENTATION OF THE FACTS MIGHT LEAD TO ANOTHER SET/BATCH OF LITIGATION.
THE BUREACRACY MIGHT BE BENEFITED BY THIS SCHEME BY FRAUDULENTLY MANIPULATING/MISREPRESENTING THE FACTS ABOUT THE EXISTING BUILDING/STRUCTURE OR VIOLATION AND DEVIATION IS WITHIN THE PERMISSIBLE LIMITS/PERCENTAGE AND ISSUE CERTIFICATES.
THE ILLEGAL SCHEME (AKRAMA)OF REGULARISING THE ILLEGAL AND UNAUTHORISED STRUCTURES AND BUILDINGS RAN INTO TROUBLE ONCE AGAIN AND IT MAY BE DUMPED.
THE MUCH TOUTED AKRAMA-SAKRAMA SCHEME MUST GET OUT OF THE HIGH COURT CAMPUS BEFORE THE ORDINANCE IS PROMULGATED.
THIS SCHEME MAY ALSO END UP IN THE COURT HALLS, IF NOT PROPERLY ENACTED.
AS USUAL, TOOOOOOOOOOOOOOOOO MANY LOOPHOLES, BLACKHOLES, POTHOLES AND OPPORTUNITIES MIGHT BE CONCEALED TO PROVIDE PROFIT TO THE BUREAUCRACY WITH DISCRETIONARY POWERS !!!!
ALL UNAUTHORISED CONSTRUCTIONS MIGHT NOT BE REGULARISED UNDER THIS akrama-sakrama SCHEME.
ANY BUILDING/CONSTRUCTION/STRUCTURE WHICH HAS BEEN BUILT BEYOND THE PERMISSIBLE LIMITS(50% RESIDENTIAL AND 25%COMMERCIAL) MUST BE REMOVED OR DEMOLISHED, TO BE ELIGIBLE FOR REGULARISATION !!!!
AS PROMISED, CHIEF MINISTER SRI.K.SIDDARAMAIAH HAS DELIVERED THE MOST `INFAMOUS` REGULARISATION SCHEME FOR THE URBAN MASSES. IT IS A GOWRI GANESH AND DASARA GIFT TO THE CITIZENS (LAW DISOBEYING CITIZENS) (A DISHONOUR TO THE LAW ABIDING CITIZENS) OF THE STATE.
IT IS CONFIRMED THAT THE GOVERNOR HAS GIVEN HIS ASSENT TO THE AMENDMENT BILL TO REGUALARISE THE ILLEGAL/UNAUTHORISED CONSTRUCTIONS IN KARNATAKA.
LAYOUTS/SITES IN GREEN BELT, SITES UNDER HIGH TENSION LINES, LAYOUTS/SITES ON RAJAKALUVE/NALA AND ENCROACHMENT OF PUBLIC PROPERTIES WILL NOT BE REGULARISED.
FLOOR AREA RATIO AND SET BACK DEVIATION BY 50% OF RESIDENTIAL BUILDINGS AND 25% OF THE COMMERCIAL BUILDINGS CAN BE REGULARISED UNDER THIS AMENDMENT.
BUILDINGS WHICH HAD BEEN BUILT BEFORE 3RD, DECEMBER,2009 ARE ELIGIBLE FOR REGULARISATION.
B FORM PROPERTIES(NOT ALL) AND REVENUE SITES (NOT ALL) CAN BE REGULARISED AND CAN GET GENUINE KATHA FROM BBMP.
MORE DETAILS WILL BE AVAILABLE SOON.
EVER SINCE THE ELECTION RESULTS THE OWNERS OF ILLEGAL/UNAUTHORISED PROPERTIES AND BUILDINGS ARE HOPING THAT THE NEW GOVERNMENT WILL HELP THEM IN REGULARISING THEIR TAINTED PROPERTIES. THERE ARE POLITICAL, JUDICIAL AND LEGAL COMPULSIONS UNDER WHICH THESE PROPERTIES WILL BE VIEWED AND THE DECISION IS TAKEN. THE INCUMBENT CHIEF MINISTER IS AN ADVOCATE AND IS A NO-NON SENSE PERSONALITY AND WILL BE NOT TAKE ANY DECISION IN A HURRY. HENCE, A SOLUTION IS IN SIGHT.
BUT THE POLITICAL COMPULSION MIGHT PLAY A LEAD ROLE IN THIS WHOLE EPISODE. MAJORITY OF THE LAND THEFT, ENCROACHMENT, DEVIATION AND VIOLATION IS IN BANGALORE RURAL AND URBAN DISTRICT, WHERE THE MAJORITY RULING PARTY HAS NOT BEEN VOTED BY THE ELECTORATE, THIS MAY DENT THE CHANCES OF THE REGULARISATION SCHEME TO BE MODIFIED/ENFORCED. THE LAND MAFIA`S ROLE CANNOT BE EXONERATED, AS USUAL, THEY PRESSURISE THE POWER TO BE, MODIFY OR CHANGE THE SCHEME TO MEET THEIR NEEDS.
BUT, THERE IS A HOPE OF LIGHT AT THE END OF THE TUNNEL WITH THE NEW GOVERNMENT AND A BETTER CHIEF MINISTER AT THE HELM. LET US HOPE FOR THE BEST.
THE INFAMOUS REGULARISATION SCHEME IS SCHEDULED FOR THE HEARING IN THE HIGH COURT TODAY.
Though the Government resolved and amended the KLR Act to empower the BBMP to regularise the revenue properties collect the penalty, the appropriate order could not be enforced due to various political and legal compulsions. More than 20% to 30% of these revenue properties cannot be regularised as they are in green belt, on raja kaluve, bandi daari, karab land, govt land and under ht lines etc. The Akrama – Sakrama WP is posted for hearing on 25-07-2011 and a favourable order is expected. Of late, some of the major banks have stopped lending home loans to apartments with B katha. Few banks are offering loans for sites with B kathas at higher rate of interests with other personal interests of the employees. It is also said the commission for the loan is in the range of 2% to 5% for this type of properties.
AKRAMA-SAKRAMA HAS NO PROVISION FOR LARGE SCALE VIOLATION &DEVIATION
NO PROPER ANSWERS YET!!!!!!!!!!!!!!!!!!!!!! FROM THE GOVERNMENT
THE AKRAMA-SAKRAMA WRIT PETITION IS SLATED FOR HEARING(FINAL) ON 11-04-2011 IN THE HONOURABLE HIGH COURT OF KARNATAKA.
What is the penalty for properties that have exceeded the set of violations limits prescribed under the law? AKRAMA-SAKRAMA HAS NO ANSWER TO THIS BIG QUESTION. The new amendment bill passed in the assembly concentrates only on the penalties for smaller violations. The Government could not get the ASSENT of the Governor of Karnataka.
Gross violations across the city far exceed the ones within the set limits. According to BBMP`s own rough estimates, only 7,00,000 properties our of the total 17,00,000 properties will come under the current scheme, when implemented. This is just 20-25% of the overall target of regularisation.
The deviations, violations and encroachments are so high and blatant and in some cases, the entire layout or many multistoreyed buildings must be razed. Does the Government has got the guts to go ahead and demolish? Unauthorised/illegal layouts has only 20 feet to 25 feet roads and roads are blocked. The (lands) road stands in the name of the original seller or the agriculturise. How can the Government use public funds to develop a private property or a property which does not stand in its name and authority?
What about the bigger ones that are left our? They will be asked to bring down their violations within the set limits. The exact penalty for the gross violations is still under discussion. It is still open for debate and judicial intervention. The Write petition in the High Court may reach the higher courts, if a proper order is not made or if the Government could not propose or come up with a amicable or workable solution to this complex issue.
According to BBMP officials in the revenue department, what is presently inferred from the enactment is that violators must bring down their violation to the prescribed limit. But there is no answer to what happens if they do not conform/remove or bring it down, to it.
Even the punishment for those who do not pay penalty for violations within the set limit is also not clear as the corresponding rules to the enactment are yet to be framed. Will it be disconnection of water and electricity as mentioned in the enactment?
50% to 75% of the apartments have large scale and violation and deviation. Who will bear the penalty charges? Land lords? Sellers? or the Owners(buyers)? Why should they be penalised?
Many questions goes unanswered.
Again, No answers yet from the government.
Who will be benefited by this?
Middle Class? Yes. To a certain extent?
Who else? Builders and developers ? Yes.
Land mafia? Yes. 100%.
Will this be the end? Or if the Petitioners go ahead with Revision petition? Approach full bench? or Approach other higher Courts?