THE REGULARISATION OF ILLEGAL AND UNAUTHORISED LAYOUTS AND BUILDINGS SCHEME UNDER THE NAME AND STYLE OF AKRAMA – SAKRAMA, WHICH WAS HEARD IN THE HIGH COURT OF KARNATAKA ON 15-04-2015 HAD BEEN ADJOURNED AND POSTED FOR HEARING ON 22-04-2015.
THE HIGH COURT OF KARNATAKA HAS DIRECTED THE STATE GOVERNMENT NOT TO PROCESS THE APPLICATIONS RECEIVED UNDER THE AKRAMA-SAKRAMA SCHEME AND THE HEARING HAS BEEN POSTED TO 15-04-2015.
EVEN, IF THE HIGH COURT DOES NOT GRANT INTERIM STAY, THERE MAY BE AN APPEAL IN THE SUPREME COURT, HENCE, THERE IS NO NEED TO HURRY.
VIOLATORS AND DEVIATORS HAVE TO WAIT FOR COUPLE OF WEEKS, TILL THE PIL IS DISPOSED OFF BY THE HIGH COURT OF KARNATAKA.
THERE IS HUGE DEMAND FOR AKARMA – SAKRAMA APPLICATIONS, BUT CANNOT BE PROCESSED TILL THE HIGH COURT DISPOSE OF THE WP AND THE PIL.
THE NOTORIOUS ILLEGAL REGULARISATION DRAMA ENACTED BY THE GOVERNMENT IS DELAYED FOR THE TIME BEING. THE DRAMA IS POSTPONED TO THE APRIL.
AKRAMA AGAIN GOT THE BOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOT.
AKRAMA -SAKRAMA – CITIZEN`S FORUM TO FILE WRIT PETITION IN THE COURT – LATEST UPDATE
A PRESS REPORT-
A brainstorming session on Akrama Sakrama on Sunday concluded that the scheme not only equates major violations with minor infractions but also regularizes the same, by forcing residents to live with them. The interaction was organized by the Citizens’ Ac tion Forum (CAF), which announced that it will file a PIL against the scheme.
“If my neighbour violates the rules and constructs a five-storey house, I may not have a problem with it. But if someone sets up a big commercial establishment in the middle of a residential area, it will create problems to many residents,“ Vijay Me non of the CAF said, ruing that the scheme will force citizens to bear and live with all the inconveniences caused by the violations.
CAF president DS Rajshekar said the newly drafted rules benefit only those who have committed big violations and that many existing rules of Akrama Sakrama are unscientific.
THE HIGH COURT OF KARNATAKA HAS ISSUED A NOTICE (TODAY) TO THE STATE GOVERNMENT ON THE AKRAMA-SAKRAMA SCHEME TO BE IMPLEMENTED AND SCHEDULED THE HEARING OF THE PETITION ON 13-05-2015.
IF THE PETITION IS NOT ALLOWED OR A STAY ORDER TO THE AMENDMENT IS NOT ISSUED, THE PLAINTIFFS MAY APPROACH THE APEX COURT.
THE GOVERNMENT FINALLY ANNOUNCED THAT IT WILL START ACCEPTING THE APPLICATIONS FOR REGULARISATION OF UNAUTHORISED LAYOUTS AND DEVIATIONS IN BUILDINGS FROM 23-03-2015.
THE DETAILS WILL BE ANNOUNCED WITHIN COUPLE OF DAYS.
AKRMA-SAKRAMA UPDATE 27-02-2015
The State government is planning to issue a fresh notification for implementing the AKRAMA-SAKRAMA and the life term might be one year from mid-March for VIOLATORS to submit applications.
HIGHLIGHTS OF THE SCHEME
1). Municipal bodies will be (might be) receiving applications from March 20.
2). The existing October 19, 2013, cut-off date for regularisation remain unchanged.
3). Under the scheme, violations pertaining to setback, floor area ratio, non-conversion of agricultural land and formation of unauthorised layouts and sites under ULBs will be regularised.
4). Violations and Deviations up to 50 per cent in the residential properties and 25 per cent in commercial properties will be regularized.
5). Setback violations will be calculated on all four sides of a building separately. If violation is more than 50 per cent of the stipulated setback on any one side, then the building will become ineligible for regularisation.
6). It is proposed that up to 25 per cent violation in residential buildings will attract a fee of six per cent (6%)of the total guidance value of the property (either land or built-up area) and eight per cent (8%) between 25 and 50 per cent.
7). Commercial properties will attaract regularisation charges of Twenty per cent (20%) of the guidance value for less than 12.5 per cent violation and Thirty Five per cent (35%)of the guidance value for up to 25 per cent violation.
8). Scrutiny fee at the rate of Re one for every square metre of the total plot area in case of plots in unauthorised layouts and Rs 2 per sq m of total floor area of the building will be charges.
The High Court of Karnataka on Tuesday dismissed a batch of petitions, which had questioned the rules framed in 2007 for regularising unauthorised constructions and developments under the scheme popularly called Akrama-Sakrama.
A Division Bench comprising Chief Justice D.H. Waghela and Justice Ashok B. Hinchigeri passed the order as these petitions had become infructuous as the State government in 2014 framed new rules by repealing the 2007 rules.
The Bench reserved the liberty of the petitioners to question the legality of the newly framed Akrama-Sakrama scheme, the Karnataka Town and Country Planning (Regularisation of unauthorised development or constructions) Rules 2013.
THIS IS A NEVER ENDING STORY
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 !!!!