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The road to right development?
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Here is yet another opportunity for the property owners in Bangalore to regularise violations. A look by K. SUKUMARAN
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New equations: Builders have to take note of the new regulations in place
In a lighter vein, people often say “rules are meant to be broken.” This becomes true in the case of Indian democracy, as even the lawmakers do overcome many cases of court decisions going adverse by enacting another law! It may look like a mockery of law, but sometimes such action may be in the interest of the people. How do such steps by the authorities help in solving many pending issues? Let us examine the position in the real estate field, in particular th
e construction area, in the light of Sakrama 2007 initiated by the Bruhat Bangalore Development Authority (BBMP).
What are the violations or irregularities in the real estate field?
Common irregularities
- Formation of sites in both converted and non-converted land and buildings constructed on non-converted land.
- Buildings with land use violations.
- If the setback is less than 50 per cent in case of residential buildings and 25 per cent in case of non-residential buildings.
- If the FAR violations are less than 50 per cent with respect to residential buildings and 25 per cent in non-residential.
- Obtaining permission from authorities who are not authorised to grant such permission, without furnishing full/correct information.
- Unauthorised occupation of Government property/neighbouring property.
- Not obtaining plans for construction/obtaining plan approvals from authorities who do not come into the jurisdiction.
- Undertaking constructions in violation of the terms and conditions of the approved plan.
- Unauthorised power/water/drainage connections.
- The general apathy of supervisory authorities.
The action by the authorities include token demolition, pulling down the entire irregular construction and police intervention. Sometimes the violations are regularised under special powers enjoyed by the authorities. We even come across regularisation of entire layouts/colonies/apartments by levying penalties and fines. Sakrama 2007 is one such programme undertaken by the BBMP.
What is Sakrama 2007?
Sakrama 2007 is a one-time mass regularisation programme initiated by the BBMP in the aftermath of its creation by taking over new areas comprising municipalities and villages around Bangalore.
The major irregularities covered are:
Sites in unauthorised layouts/developments.
Unauthorised plot/s in sub-divided land/layouts.
Industry categorised as ‘Red’ by KSPCB.
Buildings constructed in violation of rules.
Setback violations.
Apartments built violating rules and regulations covering such developments.
Floor area violations.
Land use violations.
The regularisation programme is under the provisions of the Karnataka Town & Country Planning Act, 1961, Karnataka Municipalities Act, 1964, and Karnataka Municipal Corporations Act, 1976.
The regularisation fee for violations of different kinds are required to be paid while filing the applications for regularisation. The BBMP has brought out a booklet containing the details of the scheme along with the application forms.
The booklet, priced at Rs. 100, is available at post offices, branches of apex banks and Bangalore One centres. Helpdesks have also been set up at BBMP zonal offices, citizen’s service centres, BBMP complexes, BDA complexes and select KSRTC/BMTC counters.
The last date for filing regularisation application/s is December 14, 2007.
The good and bad
Sakrama 2007 has many advantages and a few grey areas too. The Screening Committee processing the applications, by and large, can be expected to be fair, though it is not clear as to what the appeal procedures are, if any. Another opportunity of this kind may not be forthcoming on such a large scale.
There are complaints that the regularisation fee is high, apart from the fact that the present fee is in addition to betterment and similar levies paid in the past, which is tantamount to double payment for the same purpose.
Silver lining
The silver lining is that once the regularisation of violations is undertaken, the BBMP can go ahead with development of the new areas which are now under its jurisdiction, instead of wasting time on fundamentals. The mass programme will also help ‘genuine’ violators to become good citizens.
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Property Plus
Bangalore
Chennai
Hyderabad
Kochi
Thiruvananthapuram
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