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Friday, April 17, 2020

Karnataka govt to issue guidelines for regularisation of unauthorised buildings

Governance and Policy
he Karnataka govt estimates that there are 2.93 lakh unauthorised buildings in Bengaluru, and around 70 lakh such constructions across the state
Karnataka Chief Minister BS Yediyurappa on Friday said that the state government would come up with new guidelines to tackle the issue of unauthorised constructions across the state. On Friday, Yediyurappa chaired a meeting with Deputy CM Dr CN Ashwath Narayan and Revenue Minister Dr R Ashoka along with officials with the Urban Development Department, where issues related to revising guidelines to regularise unauthorised constructions were discussed.  “Unauthorised layouts and buildings are being provided with all facilities, but they are not paying a single paisa to the government. On one hand, unauthorised builders should be legalised and on the other hand, the Government should also get revenue. Hence, we have decided to revise guidelines for the Akrama Sakrama scheme,” Chief Minister BS Yediyurappa said in a statement.  The state government has estimated that there are 2.93 lakh unauthorised buildings in Bengaluru after a survey was conducted recently. However, the government estimates that there could be 70 lakh unauthorised constructions across Karnataka. “The old survey was conducted in 2013 or 2014. At the time, we estimated 35 lakh unauthorised buildings in Karnataka and we estimate it might have doubled,” the Chief Minister’s Office said.  In areas outside of Bengaluru, unauthorised buildings, which have been identified, have been made to pay double the property tax. The Akrama Sakrama Scheme allows for levying 6% penalty for buildings that have violation up to 50% of the building by-laws.  Building by-laws are framed by the state government. These govern how buildings must be constructed. The urban local bodies or panchayats must approve building plans of each and every building before it is constructed. If the approved plans are not adhered to, then the occupancy certificates are not issued to these buildings as they would be classified as unauthorised.  The government  has the capability of levying a fine of 25% of the market value of the property in case of violations above 50%.  “In today’s meeting it was decided to reframe laws on regularising unauthorised properties and study how other states have done on the issue. Within a week, the Urban Development Department will prepare new guidelines,” Chief Minister Yediyurappa added. A cabinet sub-committee on Wednesday had endorsed the government’s move to regularise unauthorised buildings constructed on Bengaluru Development Authority (BDA) land. The cabinet sub-committee headed by Deputy CM Ashwath Narayan had proposed the amendment of the BDA Act of 1976 to bring in provisions for regularising these buildings. The Law and Parliamentary Affairs Department, however, has suggested a 12-year-ceiling on regularisation. “We have to decide what the guidelines will be. If these buildings are regularised, it can bolster the state’s coffers. We have to find a way to generate revenue with the lockdown in place,” an official with the Urban Development Department said.  Another hurdle to the proposed regularisation is that the Supreme Court is still hearing a petition filed against the Akrama Sakrama Scheme, when it was introduced in 2015.  “If the Supreme Court passes an order against the Akrama Sakrama Scheme, then the new proposal cannot be implemented. Hence, we have decided to issue guidelines for regularisation only,” the official added.   
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