Thursday, December 22, 2005

Building violation? Pay hefty fine

Building violation? Pay hefty fine
Cabinet Committee Frames Rules For Regularisation
The Times of India

Bangalore: Owners of unauthorised and violated buildings in the state will have to shell out a hefty penalty to obtain a clean chit.

As a spin-off to the controversial building demolitions in Koramangala, the government which had mooted one-time regularisation of violations, has come close to finalising the compounding fee. A cabinet sub-committee, which was set up to frame the rules for regularisation, has drafted the penalty which will be placed before the cabinet for approval.

The upper limit for the regularisation of violations is only 25 per cent as against the 50 per cent mooted by the earlier government and violation of parking area cannot be regularised.

Accordingly, penalty has been fixed based on three categories: for deviations from the sanctioned plans within the permissible limits, violation of setbacks and violations of Floor Area Ratio (FAR).

Speaking to The Times of India, municipal administration minister S R Morey said the note would be placed before the cabinet shortly for approval. “The cabinet will propose the cut-off date. The government will also decide on the buildings that have more than 25 per cent violations. We have also laid out rules for certain violations which cannot be regularised,’’ Morey informed.

Different penalty slabs have been mooted for the urban local bodies — Bangalore city local planning area — within corporation limits and outside corporation limits; other corporations; areas falling under urban development authority and municipal limits, for residential, commercial and industrial usage ranging from 5 per cent to 25 per cent deviations.

The penalties range from Rs 100 per sqmtr to Rs 10,000 across the three types of usage from corporations to municipalities.

A strict no-no
These deviations cannot be regularised
Violation of parking area. Violation of safety regulations imposed by Fire Force authorities. Violation of regulations with regard to declared heritage and protected monuments. Violation of high tide line prescribed in the zoning regulations (constructions near high-tension power lines as specified in the law).

Norms to set right building violations
Bangalore: The regularisation of unauthorised and violated buildings being mooted by the government will not apply to those buildings situated on land belonging to government and local authorities, proposed alignments to ring roads, national highways, land abutting river course, beds, canals, land reserved for park, open space, civic amenities and basements.

The cabinet sub-committee which was formed to frame rules for the regularisation will place the draft before the cabinet.
It may be recalled that a similar Bill was approved by the state legislature twice but was returned by the governor seeking clarifications. This Bill had pegged the maximum limit of violations at 50 per cent.
This time, the government has decided to promulgate an ordinance if the governor rejects the Bill.

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