The Hindu : Karnataka News : Illegal structures: Karnataka extends deadline to March 31

Online edition of India's National Newspaper
Wednesday, Dec 12, 2007
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Karnataka

Karnataka

Illegal structures: Karnataka extends deadline to March 31

Special Correspondent

BANGALORE: After the Karnataka High Court ruled on Tuesday that the implementation of the Sakrama scheme should be kept in abeyance, the Government decided to extend the deadline to submit applications for regularisation of unauthorised structures to March 31, 2008.

The notification issued after amendments to the Karnataka Town and Country Planning Act for regularisation of unauthorised constructions had fixed December 14 as the deadline to submit applications and regularisation fee.

This decision to extend the last date was announced by Governor’s Advisor S. Krishna Kumar in the presence of Governor Rameshwar Thakur after the executive committee meeting late on Tuesday evening. Mr. Krishna Kumar said the Government was empowered to issue an order to remove “difficulties” in the execution of the Act. The Government needed at least six weeks time to consider all issues involved on the vexed issue and then frame rules and publish them in the gazette, he said.

The High Court while refusing to stay the scheme had in the morning directed that the implementation of the scheme be kept in abeyance. It had also observed that the Government was free to amend or modify the scheme and given one month’s time to the Government to file written statement to PILs.

The Karnataka High Court on Tuesday said it is just and proper to keep in abeyance the implementation of Sakrama, the scheme formulated by the State Government to regularise illegal structures, till the scheme is examined by the court in detail.

It stayed further action by local bodies on applications already received and applications that will be filed for regularisation of illegal structures.

The court, however, refused to stay the scheme or extend the December 14 deadline fixed by the Government for citizens to submit applications to respective local bodies for regularising illegal structures.

A Division Bench comprising Chief Justice Cyriac Joseph and Justice Ashok B. Hinchigeri passed the interim orders on three public interest litigation (PIL) writ petitions challenging the amendments to certain provisions of the Karnataka Town and Country Planning Act.

Clarifying that it was not staying the rules, the Bench said, “We are only staying the action to be taken by the authorities after receiving applications.”

The Chief Justice further clarified that if anybody wants to file application before December 14 seeking regularisation, they are free to do so.

The Chief Justice observed that the Government was free to amend the Act or its provisions.

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