AKRAMA-SAKRAMA HAS NO PROVISION FOR LARGE SCALE VIOLATION &DEVIATIONS– DO YOU HAVE SOLUTIONS?

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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?

No Answers?

Published

13 thoughts on “AKRAMA-SAKRAMA HAS NO PROVISION FOR LARGE SCALE VIOLATION &DEVIATIONS– DO YOU HAVE SOLUTIONS?”

  1. Respected Sir,

    Like you mentioned in the post, a vast majority of the properties have violated the law. In India, owing to political compulsions it will not be possible to demolish all these properties.

    My suggestion:
    The least BBMP or the government should do is to impose a very high recurring property tax on all the violators. Payment should be done by the owners who occupy these building/ own the sites.

    The high tax should be collected only till the violations exist. This will serve as a constant reminder to the general public on the repercussions of violating the laws. All new building which violate the law should be demolished. There is the fear of the law to a certain extent in neighboring states but not in our state.

    regards
    Rohan

    1. Dear Rohan,
      You are very right. People are really strict in our close neighbouring state. We formed a layout in 1984, the village panchayat in that industrial town, directed us to have 30 feet road with avenue trees, storm water drain, drinking water line, street lights and asphalted roads. They collected fee for the maintenance, even after complying with the aforesaid facilities. They directed us to relinquish our rights on roads and civic amenity sites within the layout in favour of the Government, so that the general public can use it. That is a state called Tamil Nadu.
      There must be strong political will and lots of guts required to do it. That is lacking here.
      ecopackindia team

    2. Why should the owners/occupants bear the recurring penalty. Why should the builders be relieved of the consequences. They hide several facts from the buyers. Now whether the offence is big or small, a group of buyers will benefit through payment of penalties and regularisation, and other would be jeopardiced, because the deviation there is more. An offence is an offence, big or small. Atleast the home owners have not benefitted from such construction. If the area/deviation is big, they paid a price to buy it, and believe me, that wasn’t cheap. Just more area at comparably low per square foot price. But for the low price, they got poor amenities – no pool/gym/gardens/play areas/society/civic amenities…nothing, but a lift. Moreover, no ventilation and sunlight, because later, the neighbour also erected a five floor building. So that wasn’t cheap. The only beneficieries were the builders and those at the helm of power. They should bear the consequence, if any. The interest increases have already dug a big hole in our pockets, accompanied with poor appreciation. If we want to sell these and buy something in a good society, the price difference now is huge compared to what it was years ago. The bottomline is that no recurring penalties should be levied. It would be suicidel. If any, it should be same percentage for all, and everyone should be given a chance to correct their mistakes…but again..not the builders or the mafia…ONLY THE INDIVIDUAL HOME OWNERS.

      1. Dear Sir,
        Why only blame the builders and the politicians ? Why did you the buyer conduct a diligent enquiry regarding violation and deviation? was it not the duty of the buyer? Ignorance of law is no excuse. No doubt the builders and politicians are the main culprits and beneficiaries. But the property owners have not taken them to task for their illegal act. They prefer to pay bribe to get the katha for their illegal construction and pay the penalty. Why do you pay bribe to get the katha transferred, when the titles are clear and there are no violations and deviations? 75% of totally illegal constructions.
        Yes, we do agree that the penalty should be the same for all, but the politicians differ.
        Blame cannot be laid on the system or the politician or the builder or the buyer or the sub-registrar. The buyer must have common sense and little knowledge about the property, which is being bought.
        ecopackindia team

  2. You asked “What is the penalty for properties that have exceeded the set of violations limits prescribed under the law?”

    Isn’t ‘demolition’ the correct answer considering these guys are mocking at their law-abiding neighbours?

    1. Dear Krishna,
      There must be another solution other than demolition. We think that more than 75% have violated the building bylaws and demolition might be one of the options for those who have violated beyond tolerable limits, but an amicable solution must be arrived at.
      ecopackindia team

  3. Demolition is utter waste ur putting more demand on natural resources which isn’t incase is recyclable , for destructed materials, we need dumping yards creating more pollution, either way there’s a need of land and the loss isn’t recoverable. If you can stop the moment growth of population their needs, their requirements then you can stop all such practices. Just check a thumb rule we have grown from just 20 crore to 120 crore in 100 years did land grow, did natural resources grow. we require food, water, to stay at a decent place where we can nuture or grow and a job to work. now see the otherside where to put those families if they are staying in land which has house on the record it’s not licensed, and off the record it exist. Why you buy cars when we don’t have space in roads, isn’t illegal cause we are paying tax and we speak . still more than 50% don’t have their home earning a meagre salary of 110 to 300 daily wages , what’s your step to provide them home. and what’s your step to get them licensed home , number of formalities has made so much complexity to own a home , farmers fight to give their land and people anxious to get a govt approved layout which is way beyond for a low class income group people, the approval cost are high and the price of land, and piece of square feet cost more than 3 months income average in bangalore. what’s your step to make them appropriate , it may congest , it may bring hapazard growth , what’s the growth of bangalore we don’t have exact figures. All things are growing in a fast pace , why can’t we leave cars and do bus driving aren’t we burning fuel more than required for a single person driving from office to home . that’s not called pollution . And people who are having a place where they are having a place their identity is called more illegal .. cause it’s not approved. I want to discuss this matter but i ask those people to visit few slums and low class groups residing places then they would know what’s the grim situation .. few square feet and a whole family cost … all aren’t rich . preservation is good i’m not against it . Damaging is totally waste. Use the money in better way then not gaining anything , making complex situation at the most which may not give a bright picture for anyone . All things are based on demand and supply . which needs to reviewed and processed than controlling by demolishing .. just farmers aren’t letting their lands , imagine controlling people from demolishing homes ????

    1. Dear Sir,
      You can air your views through an impleading petition in the High Court on Akrama-Sakrama.
      ecopackindia team

  4. I totally agree with arun. Very well said.
    Delmoition is never the solution.

    But, this should be stopped here. BBMP should not continue to create this mess further. It should make sure that its official stop taking bribes from builders for their momentary benifits.

  5. I was looking out to buy a flat in Bangalore and have chalk down one apartment, location near Sarjapur signal (bellandur). the construction is just started. the challenge is 1) the approved plan mentioned is 600 Sqft. and the builder is constructing and selling 1100+ Sqft. He says this is common in Bangalore and will have no issues. you might have to pay penalty to government if the bill passes. 2) the approved plan for parking is 13 cars and he is making it for 24 cars.

    Is this construction type common now …. ???

    Will you suggest going ahead with this kind of construction.

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