Saturday, September 30, 2006

Demolitions: Citizens can breathe easy

Demolitions: Citizens can breathe easy
Deccan Herald

Citizens need no longer fear demolitions of buildings which have violated bylaws. It is a win-win situation for both the citizens and the State government, as the new bill passed at the special session in Belgaum on Thursday has hailed the regularisation of deviation of buildings...

Citizens need no longer fear demolitions of buildings which have violated bylaws. That’s only if the deviation is below 50 per cent of the approved plan. It is a win-win situation for both the citizens and the State government, as the new bill passed at the special session in Belgaum on Thursday has hailed the regularisation of deviation of buildings across the State, but with a prescribed penalty.

While the ramifications of the new law will be Statewide, in Bangalore alone, the Bangalore Mahanagara Palike (BMP) can rake in at least Rs 400-crore revenue this year.

Says BMP Commissioner K Jairaj: “This bill is basically an amnesty which will allow a one-time regularisation of deviation up to 50 per cent of the sanctioned plan in case of both residential and non-residential premises, but with a different rate of impact fee. We hope to generate a revenue of Rs 300-Rs 400 crore. Another implication is that the uncertainty surrounding the whole issue of building violations, following demolitions in Koramangala, has been put to rest. As for the buildings that have already been demolished by the BMP, this bill will have no impact, as the deviation in these buildings was up to 80 per cent.”


The Karnataka Town and Country Planning and Certain Other Laws Amendment Bill 2004, which was passed in the Legislature, has given relief in cases of violations like deviation of the sanctioned plan, change of land use and setback area violations by imposing a prescribed penalty. The law will not provide shield to those who have misused the basement space meant for parking of vehicles.

Says Vijayan Menon of Koramangala Initiative: “A one-time regularisation of violation seems more like a revenue-earning model rather than a solution.

The base law needs to be changed if we want a permanent solution. More important is the building violation pertaining to zonal regulations. The government should have given priority to such violations, rampant in residential areas.”

Citizens can breathe easy as they can regularise the deviation after paying up a one-time impact fee. However, the aggrieved parties in Koramangala who faced demolition, can hope for little respite. Reason: The BMP claims that violations (deviation) were exceeding the permissible limit of 50 per cent.

The bill was passed in the legislative council on Thursday amidst a walkout by the Opposition Congress members. Medical Education Minister V S Acharya, who tabled the bill on behalf of CM, said the amount collected as penalty would be given to local bodies to be utilised for developmental works.

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