Akrama Sakrama

Posted On: 2015-03-28 02:40:25

-          DR. A.S. KODANDA PANI,

URBAN PLANNER & CIVIC ANALYST

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

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                              Bangalore                   Other                          Other

area                             urban                          corporations              areas

 

Less than 60sqmtrs            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

a)      Residential upto 25%                                                  6%

More than 25% upto 50%                                           8%

 

b)      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.

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Source : Akrama Sakrama