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Wednesday, Dec 05, 2007
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Sakrama: High Court in dilemma, adjourns case to December 10

Staff Reporter

State asked to take a clear look at the scheme

If amendment is not stayed, violators will get amnesty: court
‘But if we stay the amendment, small violators will continue to be exploited’

BANGALORE: The Karnataka High Court on Tuesday orally indicated that it is prepared to come to the aid of the State to end the raging controversy over the Sakrama — the scheme to regularise building violations — if the latter formulated a solution in public interest to resolve several disputed points of the scheme.

The court made these observations when it was hearing two public interest litigation (PIL) petitions, one by the residents of Mangalore and another by the federation of J.P. Nagar 7th and 8th Phases Residents’ Association, in Bangalore, challenging the amendment to the Karnataka Town and Country Planning Act and regularising 50 per cent of violations in residential structures and 25 per cent violations in commercial buildings.

The court observed that it is in a dilemma on passing orders. It said if the amendment is not stayed, all violators will get amnesty. If we do stay, small violators would continue to be exploited.

When the matter came up, a Division Bench comprising Chief Justice Cyriac Joseph and Justice Ashok Hinchigeri, sought to know from the Advocate-General B.V. Acharya, the status of the scheme. “What is happening and is the State thinking of something?” it asked.

Mr. Acharya urged the court to list petitions on Thursday, saying that a meeting was being held on Wednesday to consider the scheme and also the objections received from the public.

The Chief Justice, speaking on behalf of the Bench, told the Advocate General that the main grievance of the petitioners was that the scheme would help big-time violators and violations in high-rise buildings, while it would not be of much help to the middle class. Mr. Acharya said the State had received many complaints from the public about the high penalty being levied by the local bodies for regularising violations.

The court then said it was at a loss to understand what was happening. It said there were protests against the scheme and cases had been filed against it. Citizens’ groups had been holding demonstrations and all this had led to a lot of confusion.

It made it clear to the Advocate General that the time had come for the State to take a clear look at the scheme. It said that a decision on merit could now be taken without being swayed by the need for votes. It asked if the deadline under the scheme could be extended.

People’s plea

Mr. Acharya said the scheme had been passed in the Legislature. Since there was no elected government in the State, it was difficult to amend its provisions or extend the deadline. He said pleas for extension of the deadline had been received from people across the State. Though 2.1 lakh application forms had been sold in the State, only 4,100 had been received though the last date for opting for the scheme is December 14.

The Chief Justice then orally remarked that it would be better if the High Court desisted at this point of time from passing any orders on the scheme as it would complicate matters. The court adjourned further hearing on the case to December 10.

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