The state government is set to issue a fresh notification on Akrama-Sakrama, the onetime regularization scheme for unauthorized building constructions and violations.
A senior BBMP official said citizens who apply for the scheme have to fill in Form 1, `Application for Regularization of Unauthorized Development’ which has four sub-sections, depending on the category of violation pertaining to the applicant’s property.
PAPERS WILL BE CHECKED
“Each category of violation has a certain set of documents that need to be attached to the form. Since the scheme is a self-declaration model to start with, citizens should assess their property dimensions and file the application with relevant documents. Civic officials will go through the documents, approve of them or reject them after a spot inspection,” he added.
“For some category of violations, we are asking for an NOC from the KSPCB as the Akrama-Sakrama rulebook clearly says that no special and hazardous industry, or an industry categorized `Red’ by the Karnataka State Pollution Control Board, shall be regularized. Also, scrutiny fee and regularization fee will have to be paid through demand drafts favouring the competent authority,” he added.
Asked what would happen to property owners who don’t apply for the scheme but continue with the violations, BBMP officials said, “We’ve got instructions to map such properties once the April deadline for filing applications is over. The government may issue orders to demolish properties which continue to violate building norms.”
Civic officials reiterated that buildings or sites encroaching spaces reserved for parks, open spaces and playgrounds and public/semi public activities in the respective master plans of the localities will not be considered for regularization.
“Properties encroaching parks or civic amenities in approved layouts will not be regularized. They will face demolition,” an official said.
If you own a structure that violates building norms and think you can get away by not applying under Akrama-Sakrama, think again. Foreseeing poor response to the proposed regularization scheme, the state government will make it mandatory to regularize illegal constructions and unauthorized structures in urban areas.
Those who fail to apply and regularize their illegal structures by paying the stipulated penalty will face dis connection of water and electricity services and, finally, demolition.
BBMP commissioner N Manjunath Prasad said the civic body will undertake a survey of all buildings, irrespective of whether they apply for the regularization scheme or not, before initia ting action. As per the Karnataka Town and Country Planning (Regulation of Unauthorized Development or Construction) Rules, action can be taken under Section 76FF of the Karnataka Town and Country Planning Act, 1961. This section empowers urban local bodies, among others, to demolish such structures.
The government will incorporate the mandatory clause in the rules to be notified, to ensure no one gets away scot-free and the civic body earns a target revenue of Rs 5,000 crore.
Three categories of unauthorized constructions will attract action -unauthorized buildings for which no application for regularization is received within the time limit, unauthorized buildings which are not eligible to be regularized under the scheme as violations are beyond the fixed limit, and unauthorized buildings for which the regularization fee has not been paid within the stipulated time limit. Justifying the need for such a clause, a senior of ficial at the state urban development department said the Akrama-Sakrama scheme will pave the way for the regularization of over 10 lakh unauthorized buildings raised in violation of construction norms in Bengaluru alone, but it doesn’t guarantee that all will respond. “We ex pect a response from just about 30%, so the government has decided to include the clause to ensure that owners of all unauthorized structures apply for regularization of the building,“ he added.
The application for regularization has to be made within four months from the date of commencement of the notification, tentatively April, considering the government is due to issue it soon.
PAPERS WILL BE CHECKED
“Each category of violation has a certain set of documents that need to be attached to the form. Since the scheme is a self-declaration model to start with, citizens should assess their property dimensions and file the application with relevant documents. Civic officials will go through the documents, approve of them or reject them after a spot inspection,“ he added.
“For some category of violations, we are asking for an NOC from the KSPCB as the Akrama-Sakrama rulebook clearly says that no special and hazardous industry, or an industry categorized `Red’ by the Karnataka State Pollution Control Board, shall be regularized. Also, scrutiny fee and regularization fee will have to be paid through demand drafts favouring the competent authority,“ he added.
Asked what would happen to property owners who don’t apply for the scheme but continue with the violations, BBMP officials said, “We’ve got instructions to map such properties once the April deadline for filing applications is over. The government may issue orders to demolish properties which continue to violate building norms.“
Civic officials reiterated that buildings or sites encroaching spaces reserved for parks, open spaces and playgrounds and publicsemipublic activities in the respective master plans of the localities will not be considered for regularization.
“Properties encroaching parks or civic amenities in approved layouts will not be regularized. They will face demolition,“ an official said.
If you own a structure that violates building norms and think you can get away by not applying under Akrama-Sakrama, think again. Foreseeing poor response to the proposed regularization scheme, the state government will make it mandatory to regularize illegal constructions and unauthorized structures in urban areas.
Those who fail to apply and regularize their illegal structures by paying the stipulated penalty will face dis connection of water and electricity services and, finally, demolition.
BBMP commissioner N Manjunath Prasad said the civic body will undertake a survey of all buildings, irrespective of whether they apply for the regularization scheme or not, before initia ting action. As per the Karnataka Town and Country Planning (Regulation of Unauthorized Development or Construction) Rules, action can be taken under Section 76FF of the Karnataka Town and Country Planning Act, 1961. This section empowers urban local bodies, among others, to demolish such structures.
The government will incorporate the mandatory clause in the rules to be notified, to ensure no one gets away scot-free and the civic body earns a target revenue of Rs 5,000 crore.
Three categories of unauthorized constructions will attract action -unauthorized buildings for which no application for regularization is received within the time limit, unauthorized buildings which are not eligible to be regularized under the scheme as violations are beyond the fixed limit, and unauthorized buildings for which the regularization fee has not been paid within the stipulated time limit. Justifying the need for such a clause, a senior official at the state urban development department said the Akrama-Sakrama scheme will pave the way for the regularization of over 10 lakh unauthorized buildings raised in violation of construction norms in Bengaluru alone, but it doesn’t guarantee that all will respond. “We expect a response from just about 30%, so the government has decided to include the clause to ensure that owners of all unauthorized structures apply for regularization of the building,“ he added.
The application for regularization has to be made within four months from the date of commencement of the notification, tentatively April, considering the government is due to issue it by today or tomorrow.
There would be many such buildings that have been built after the cut-off date that have violated building bye laws, what is the status of extension? how to regularize them? and what happen if not allowed the regulations? will be demolished? court has noted any point on this?
The law will take its own course. The owners of the buildings constructed after Nov,2013, were well aware that it cannot be regularised, but still went ahead, thinking that nothing will happen and government cannot demolish it. But, during the proceedings in the high court regarding the same issue, the court has directed the authorities to take steps under KMC Act. wait and watch. CAMPA COLAS OF BANGALORE. Water and power along with blockage of sewage is another proposition and blocking the registration of further sale is another option.
But government or BBMP never stopped constructions after the cut off dates and no clear mandate to stop such constructions, accepting betterment charges stopped more than 6 years back as a result no A Khatas issued for plots corved out of DC converted layouts as well, how can people wait so long without building a dream home after purchasing plots with hard earning money? Moreover its more than 3 years to see Akrama – Sakrama a reality. Who could wait with a hope without constructing? Govt is also responsible to answer citizen’s questions.
Question the Government.
I will and hope your forum will support too!
The delay in the implementation is not by the Government, it was contested by the honest tax paying and law abiding citizens. We do not encourage and support illegal constructions.
Do you think only the contenders of the case are the honest and abiding citizens? There are lakhs of honest abiding citizens who were not given the right of title documents, Khata, plan approvals etc in order to bring changes in the system for a decade where the demand for properties are huge in cities like Bangalore. Before you consider all others are illegal you need to think which are segments to be consider as illegal. I will give an example , in 2009 one of my friend bought a plot with lot of loan and hard earned savings with a dream of building a home in Bangalore, the property was DC converted, registration fee paid, registered but end up to know Khata can not be issued due to non payment of nominal betterment fee which was stopped to collect by BBMP (He was ready to pay) in order to bring so called Akrama – Sakrama. he was then continuously running around BBMP for the updates, requests for Khata but nothing materialise, couple of his friends have constructed the house between 2010-13 but kept on waiting and abiding the law until early 2016 when he lost hope that legal battle will not end and started construction there again he had huge task and trouble in getting loans due to not having A Khata but completed the construction great difficult in early 2016, In this scenario his friends are now eligible for the scheme but he is not. I am sure all other lakhs of such stories can be there in Bangalore alone. Now what so called contenders achieved than troubling other people dreams? builders kept on making the money by cheating the common man with such properties and government should rescue them as they are not dishonest or illegal.
You have an opportunity to present your view in the apex court now.
What about Sites and Buildings and Apartments formed in Survey Numbers of the concerned Villages before Notification by the BDA for formation of its Layouts ( Revenue Built Up Areas), now under the BBMP Limits and the Revenue Records / of the land such as R.T.C Phani showing the BDA Notification. Will these properties will be considered for regularization under this Akrama Sakrama by the authorities ?. These Properties have BBMP A and B Khathas also.
The Government will bring out a more detailed notification soon and will be given wide publicity.