Akrama means violation and
Sakrama means regularisation. In this scheme, only violations of building and
urban development is included. Violation from sanctioned building plans,
unauthorised buildings, unauthorised layouts and land use violations have taken
place on a large scale in Bengaluru Metropolitan Area due to lack of
enforcement by Bengaluru Mahanagara Palike (BBMP) and Bangalore Development
Authority (BDA). The Scheme is made applicable to all urban areas in Karnataka.
In this article details about the bad situation prevailing in Bengaluru is
dealt with. There are too many cases of unauthorised developments within the
built up area of the city and suburbs. The helpless State Government without
action to prevent unauthorised developments and the officials who colluded with
the violators proposed the Akrama Sakrama Scheme during the S.M. Krishna’s
Government in the year 2004. The Karnataka Town and Country Planning Act, 1961
(KTCP Act), which has overriding provisions compared to the Bangalore
City Corporation Act, 1964, and the Bangalore Development Authority Act, 1976,
was amended to provided for regularisation. 321-A of the Karnataka Municipal
Corporations Act was also amended to implement the amended provisions of the
KTCP Act. The Act and rules framed specified the nature and extent of
unauthorised developments, constructions that would be regularised, the
procedure and fines to be levied for regularization of various violations.
Since then, though the successive governments pursued the scheme, it was not
possible to implement the scheme due to agitations by the rule minded citizens,
Citizens Action Forum (CAF), and the residents welfare associations (RWAs). The
BJP Government got the Bill passed by the legislature. The Governor of
Karnataka rejected BJP government’s request for consent to the bill. The BJP
government also tried to get an ordinance passed by the legislature in the year
2010, consent for which was again rejected by the Governor. The present
Congress Government proposed an ordinance in May 2013 which was approved by the
same Governor with riders. Government is said to have incorporated the
Governor’s directions and also the directions of the Supreme Court in
Judgements of such schemes by the Orissa and Tamil Nadu Governments. The scheme
is pending in the High Court of Karnataka since the year 2007. The Law Minister
of the present Government stated that the scheme as modified, will be people
friendly. How it is people friendly is not understood as the citizens are
affected with lack of ventilations, privacy, traffic problems, etc. The scheme
is only violators friendly. Decision of the High Court will have to be seen.
The High Court directed on 23.3.2015 that the applications to be received may
not be processed till the decision of the court on the scheme.
The present revised scheme provides that the
applications are to be made from 23.4.2015 upto 22.3.2016 (One year). The
applications should be in respect of buildings built earlier than 19.10.2013.
Regularisation will include violations in respect of:
Land Use
Unauthorised layouts
Set back violations, and
F.A.R violations
Land Use
Unauthorised layouts
Set back violations, and
F.A.R violations
For residential buildings, only upto 50% violations
will be considered. For non-residential buildings, only upto 25% violations will
be considered.
Applications for land use violations will be available
in BDA, and for other urban areas with the respective urban development
authorities. This will be one time regularisation based on self declaration by
the violator. If the application is rejected, the fine remitted will be
refunded within a period of 60 days. If there are so many violations, the
applicant will have to get the land use violation regularised first and later
apply for regularisation of building with other violations.
A.Fine for unauthorised layouts
Site area
|
Bangalore urban
|
Other corporations
|
Other
|
Less than 60/sqmtr
|
Rs 40/sqmtr
|
Rs 30/sqmtr
|
Rs 20/sqmtr
|
60-120 sq.mtrs
|
Rs 160/sqmtr
|
Rs 80/sqmtr
|
Rs 50/sqmtr
|
Above 120 sq.mtrs
|
Rs.600/sqmtr
|
Rs.250/sqmtr
|
Rs.150/sqmtr
|
B.Regularisation of set back and FAR violations in residential and non-residential buildings.
% of Violation
|
Regularisation fee/sqmtr
of total violated area as percentage of market value of land
|
Residential upto 25%
|
6%
|
More than 25% upto
50%
|
8%
|
Non-residential upto
12.5%
|
20%
|
More than 12.5% upto 25%
|
35%
|
Conclusion:
All the efforts made by Government since 1960 for
planned development of urban area by preparation of statutory master plans is
defeated as the violations are affecting the land use zoning, building
regulations, etc.
The Effects:
Definitely, the Scheme is not going to be one time
measure but many times affair by successive state governments.
During construction, violating the sanctioned plan or
land use zoning, the violators may tell the officials, if at all a strict
official is working in BBMP, that he will get the violations regularized under
the Akrama-Sakrama Scheme.
The expected revenue of Rs. 5000 Cr by levy of fine
will be a dream. Majority of the violators may not come forward to get the
developments/buildings regularized. What Government may get will be hardly
Rs.1000 Cr, that too over a period of time. In the suburban areas, the
applications will be for buildings here and there and not according to a
compact area to enable redevelopment.
It is difficult to expect that BBMP will
provide/improve the infrastructure for the benefit of the people living in such
sites. The bad position will continue as existing. They can expect only street
lighting after a few years. Many of the existing suburban areas in the BBMP
limits have no water supply and sewage connections, parks and playgrounds, etc.
How the violators can expect improvement in the
unauthorised colonies even if some of them get regularised.
The officials who collude with the violators will not
have discipline as so far such officials are not punished. Even if one batch of
officials are transferred from BBMP, new batch of such officials only will come
to BBMP to continue allowing violations. They will have no fear of disciplinary
actions for allowing violations.
Can we expect quality of life in Bangalore if such
regularisation schemes are considered by Government? Citizens welfare
associations and civic analysts will approach courts against such schemes.
Media’s awareness reports will have to be continued in the interest of planned
development of the City at least in the future.
Last but not the least, the Government must act
stringently against erring officials and take strict disciplinary actions
against them.
More,
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