Akrama Sakrama Scheme:
The Karnataka Government proposed the Akrama Sakrama scheme to regularize certain unauthorized constructions and violations of bylaws across the state in 2007.
Relevant Provisions of the Scheme:
The implementation was brought about by amending the Karnataka Town and Country Planning (Regularisation of Unauthorised Development or Construction) Rules, 2013.
The relevant Sections are:
Section 76FF of the Karnataka Town and Country Planning (Amendment) Act, 2004 under which, land development or change in land use done before 19th October, 2013, that is in contravention to Section 14, 14-A, 15, 17 or Regulations or Commencement Certificate can be regularized on payment of prescribed amount.
Amounts are as follows:
- Not less than six percent of the market value if the floor area ratio does not exceed twenty five percent.
- Not less than eight percent of the market value if the floor area ratio exceeds twenty five percent.
- In case of a portion of a building, twenty percent of the market value if set back norms and permissible floor are ratio does not exceed 12 and a half percent.
- Thirty five percent if it exceeds twelve and a half percent but does not exceed twenty five percent.
However, certain developments shall not be regularized. Some of them are as follows:
- Development on land belonging to Central Government or State Government
- On land affected by alignment of any roads like inner road, bypass, ring road etc.
- On the land belonging to another person over which the former has no rights.
- On the land belonging to Board or Corporation owned by Central or State Government .
- On land belonging to Urban or Bangalore Development Authority or local authority
- Land abutted to storm water drains
- Land reserved for parks, play grounds, open spaces etc.
Section 321A of Karnataka Municipal Corporation Act, 1976 which provides for regulation of certain unlawful buildings after the commencement of Karnataka Town and Country planning Act, 2004 subject to certain restrictions
Restrictions are:
- buildings abutting the neighboring property,
- development made in the basement,
- if it violates building line and
- if it violates clause 2 of Section 76 FF of KTCP Act, 1961 discussed above.
Section 187A of Karnataka Municipalities Act, 1964, which states that when the building is in contravention with Section 187 and certain building bylaws, they can be regularized based on certain restrictions that are similar to the ones discussed above.
Criticisms against the Scheme:
This scheme was widely protested against by mainly Citizens Action Forum and JP Nagar 6th, 7th and 8th phase residents’ association. They had even filed a PIL in 2008.
Subsequently, on April 4, 2015 Namma Bengaluru Foundation filed a PIL against the scheme.
They have all criticized that the regularization of illegal building will send out a wrong message to future violators, knowing that they could get their irregularities legalized with a one time payment.
It is said that the scheme is in support of politicians and big sharks, whereas it refuses to take notice of the victims’ pleas. Under the scheme, the victim will continue to face injustice just because the violator has paid one time penalty.
Also, the scheme does nothing to prevent future violations. In fact the irregularities have multiplied after the passage of the scheme.
Karnataka High Court Order upholding the scheme:
However, on 13th December, 2016 Division Bench of the Karnataka High Court consisting of Shubro Kamal Mukherjee and Justice Buduhal R.B. dismissed all PILs against the scheme.
The court held that if all violations are demolished, then lakhs of people will be rendered homeless. The bench observed that the amendments are made based on the needs of the people and health and safety is not being compromised when it comes to unauthorized buildings.
Picture Courtesy: Wikimedia
