AKRAMA - SAKRAMA - UPDATE

The State Government is contemplating to submit an interim application to revoke/vacate the STAY ORDER ON THE AKRAMA-SAKRAMA Scheme next week, which is coming up in the Supreme Court of India next week. The results or the orders of the court depends upon the effective submission by the state and counter submission by the Defendants. We cannot predict the OUTCOME. Hope for the best.

AKRAMA SAKRAMA SCHEME STAYED BY THE SUPEME COURT OF INDIA

AKRAMA SAKRAMA SCHEME STAYED BY THE SUPEME COURT OF INDIA.

More details are awaited.

AKRAMA - SAKRAMA REQUIREMENTS-ELIGIBILITY-AFTER EFFECTS

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/semipublic 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.

Opting for Akrama-Sakrama to regularize the violations of your building?

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.

AKRMA - SAKRAMA WILL BE ON NEXT WEEK

AKRAMA – SAKRAMA – UPDATE – A NEW YEAR GIFT FROM THE GOVERNMENT FOR THE REGULARISATION OF VIOLATION AND DEVIATION

The Government of Karnataka will notify the AKRAMA-SAKRAMA Scheme, may be from 02-01-2017 and the applications can be submitted till April, 2017.

In a bid to thwart any attempt to bring in a STAY ORDER, the Government has submitted a CAVEAT in the Supreme Court of India.

The Scheme will be enforced subject to the Supreme Court directives.

The state government on Saturday decided to invite applications from property owners for regularisation of illegal properties within the limits of the Bruhat Bangalore Mahangara Palike (BBMP).

A high-level meeting of BBMP, BDA and Urban Development department chaired by CM Siddaramaiah resolved to give four months time to the public to submit their applications for regularisation.

The state government, after resolving a few technical issues within the scheme, has finally decided to issue an official notification inviting applications from the public. Addressing media persons, Bengaluru Development Minister KJ George said, “The government has set a deadline of four months to submit applications by the public. Those properties built before 19 October 2013 are eligible for regularisation.” Elaborating further, George said, “There will not be any change in the fee structure which is based on the guidance value of the property.

All residential properties with 50 per cent deviation and commercial properties with 25 per cent deviation will be eligible to apply under the scheme.

Public can submit their applications online as well as manually at BBMP offices. Any property, which has deviation and had failed to apply under the scheme, will be mapped and mercilessly demolished after the end of the deadline.”

AKRAMA SAKRAMA ALLOWED BY THE HIGH COURT OF KARNATAKA

The High Court of Karnataka has allowed the amendment to the KTCP Act by the state and rejected the application by the citizen forum, thus, permitting the regularization of unauthorized construction and illegal layouts.

50% of unauthorized construction will be regularized in the residential buildings.

25% of authorized construction will be regularized in the commercial buildings.

Revenue sites, subject to the zoning regulation will be regularized along with unauthorized layouts.

The Government will soon publish the notification with details.

AKRAMA - SAKRAMA IN KARNATAKA - AN UPDATE

The High court of Karnataka has declined to entertain the Government`s submission and vacate the Interim Stay Order and proceeded to issue notice to the Principal Secretary, Urban Development Department to appear before the Bench on 18-01-2015.

The Government pleader requested the Court to vacate the stay and permit the Government to implement the scheme as it would benefit 20 lakh residents and placed weighted argument that the neighbouring Tamil Nadu had already implemented the scheme and the Supreme Court had vetted the same.

This ground of appeal did not hold any water and the court did not relent.

The illegal Akrama-Sakrama is back to pavilion.