The Akrama – Sakrama will be heard tomorrow in the High Court Of Karnataka. Hope to hear some positive news.
BUILDERS AND DEVELOPERS who have developed and sold properties on the raja kaluve and on the lake bed are missing or absconding
The developer who formed and sold the sites at Asub , is nowhere to be found. In fact, their name doesn’t feature on any of the records available with the investigating agency, because of the simple reason; it was developed in the name of the original owner and their family and sold in their name by the developer. Both the owners are dead now and the owners son, might be alive.
Their name of the developers does not appear in any document and in such a situation, how can anybody arrest or take action or demand compensation from them in any court of law?
Meanwhile, police are also in search of other builders who have constructed apartments in Bilekahalli village and surrounding area. It is said that almost all developers and builders have gone to ground to escape the massive search initiated by BMTF sleuths.
Another portion of land developed around these lakes is by another builder, who is a native of Haralur and Ambalipura. He has developed the DC Converted sites in that area and sold it to many persons. Few of them have constructed APARTMENTS in that highly congested area with a narrow road.
It is also said or alleged that some of the sellers/agents/developers have also amalgamated Kharab/kaalu daari and bandi daari in the DC Converted layouts and sold it in that area and the buyers are waiting for AKRAMA-SAKRAMA. The strange part of this sordid story is that few DC Converted site owners have got A Kahta and resold the sites in the same area, where many are unable to get it regularized and obtain A katha.
It is said that the apartments constructed have also encroached upon the raja kaluve, kaalu daari, bandi daari and kharab in some parts of the villages around sarjapur road.
The Government Pleaded before the High Court to permit the regularisation scheme Only ONCE. But, the highmarish questions posed by the divisional bench to the Government Advocate was logical and was unable to respond to it.
1). If this scheme is permitted, it is like legalising the illegality?
2). Why do`not you make necessary amendments by permitting more than 5% deviation?
3). Who permitted these illegal constructions and how did they come up?
There were too many unanswered questions and there was only one request:
Please allow this scheme ONLY ONCE. But, the court did not relent and posted the hearing to 18-01-2016.
THE HIGH COURT OF KARNATAKA HAS ISSUED A NOTICE (TODAY) TO THE STATE GOVERNMENT ON THE AKRAMA-SAKRAMA SCHEME TO BE IMPLEMENTED AND SCHEDULED THE HEARING OF THE PETITION ON 13-05-2015.
IF THE PETITION IS NOT ALLOWED OR A STAY ORDER TO THE AMENDMENT IS NOT ISSUED, THE PLAINTIFFS MAY APPROACH THE APEX COURT.
THE GOVERNMENT WILL SOON BE NOTIFYING THE ELIGIBILITY CONDITIONS, CRITERIA, STATUTORY REQUIREMENTS AND STATUS OF THE PROPERTIES TO BE REGULARISED.
AS PER THE AVAILABLE REPORTS AND INFORMATION, MORE THAN 50% OF THE PROPERTIES DOES NOT MEET THE ELIGIBILITY CRITERIA.
THE REGULARISATION OF UNAUTHORISED BUILDINGS AND LAYOUTS IN THE STATE OF KARNATAKA AND THE AMENDMENT TO THE KTCP ACT HAS BEEN APPROVED BY THE CHIEF MINISTER AND MIGHT BE NOTIFIED SOON.
THE GOVERNMENT MIGHT HAVE TO FILE AN APPLICATION/AFFIDAVIT IN THE HIGH COURT OF KARNATAKA IN RESPECT OF A WRIT PETITION FILED AGAINST THE AKRAMA SCHEME IN 2007, MAY HAVE TO GET THE APPROPRIATE ORDERS FROM THE COURT.
FINALLY THE AKRAMA HAS COME TO STAY!
AKRAMA – SAKRAMA RULES, REGULATIONS AND PROCEDURES ARE OUT – SUBMIT OBJECTIONS, SUGGESTIONS AND RECOMMENDATIONS NOW? DEVIATIONS, VIOLATIONS, REVENUE SITES, REVENUE LAYOUTS, DC CONVERTED SITES, BUILDINGS WITHOUT APPROVED PLANS AND ILLEGAL AND UNAUTHORISED LAYOUTS COULD BE REGULARISED.
LAW ABIDING CITIZENS, RESIDENTS WELFARE ASSOCIATIONS AND ORGANISATION CAN SUBMIT THEIR OBJECTIONS, SUGGESTIONS AND RECOMMENDATION S TO THE FOLLOWING ADDRESS:
THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BANGALORE-560 001.
The Karnataka Town and Country Planning (Regulation of unauthorised development or construction) Act, duration of the scheme has been extended from three months to one year.
The government has fixed October 19, 2013, as the cutoff date for unauthorised properties eligible for regularisation.
Under the scheme,
a). violations pertaining to setback,
b). Floor Area Ratio (FAR),
c). non-conversion of agricultural land and
d). formation of unauthorised layouts and sites under urban local bodies, including Bruhat Bangalore Mahanagara Palike (BBMP), are liable for waiver.
But implementation of the scheme is subject to the Karnataka High Court permission. The court has directed the government to maintain status quo with regard to implementation of the scheme. Till date the Government has not filed any affidavit in the court regarding the amendment. Even this may be challenged.
Under the new rules, processing applications and passing regularisation orders will be issued by the competent authorities (commissioners of ULBs) have been empowered.
The new rules define unauthorised properties, bringing in greater clarity.
Under the new rules, up to 25 pc violation in residential buildings will attract a fee of 6 pc of the total guidance value of the property (either land or built-up area) and 8 per cent between 25 and 50 per cent. For non-residential buildings, regularisation charges will be 20 per cent of the guidance value for less than 12.5 per cent violation; 35 per cent for up to 25 per cent.
Scrutiny fee at the rate of Re 1 for every square meter of the total plot area in case of plots in unauthorised layouts and Rs 2 per sq m of total floor area of building will be collected.
ALL UNAUTHORISED CONSTRUCTIONS MIGHT NOT BE REGULARISED UNDER THIS akrama-sakrama SCHEME.
ANY BUILDING/CONSTRUCTION/STRUCTURE WHICH HAS BEEN BUILT BEYOND THE PERMISSIBLE LIMITS(50% RESIDENTIAL AND 25%COMMERCIAL) MUST BE REMOVED OR DEMOLISHED, TO BE ELIGIBLE FOR REGULARISATION !!!!