Parking area cannot be regularised: BBMP

Parking area cannot be regularised: BBMP
DH News Service, Bangalore:
Despite BBMPs efforts to clear intricacies of Sakrama, several doubts remain in the minds of the public. Responding to Deccan Heralds appeal many property owners have e-mailed their queries.


BBMP Deputy Commissioner U A Vasanth Rao has replied to the queries. Here are a few questions followed by Mr Rao’s reply.

All queries are with respect to vacant sites. I have the following questions with regard to DC converted sites and non-converted sites falling in the erstwhile CMC areas (with tax assessment form 3) and village panchayats (with panchayat khata), which are now part of BBMP, but do not have a BBMP khata yet.

-Kalyan Kumar
[kalyankc7@yahoo.com]

V Rao: For Khata you need to apply separately to the local body. This is independent of Sakrama.

1. What does unauthorised mean in terms of above vacant sites?

V Rao: Unauthorised sites are those sites formed in an unauthorised layout that have not been approved for formation by jurisdictional planning authority.

2. Will a BBMP khata be issued along with regularisation?

OR

3. Will there be an additional betterment charges to be paid apart from the regularisation fee, in order to obtain the BBMP kahta?

V Rao: The issue of Khata is independent of Sakrama. You need to approach the local government for Khata. It can be said that when your propriety has been regularised, you will be entitled to receive your khata.

4. Is there an upper time limit assured by BBMP, within which the result of an application is communicated?

V Rao: The law does not prescribe any upper time limit for the order to be passed, as before passing the order, the screening committee would be required to examine the application from various angles before recommending regularisation. Such verification is bound to take time. But from BBMP, the Commissioner has instructed to speed up the process.

5. Is there an upper time limit within which the fee is refunded when an application is rejected?

V Rao: If the application for regularisation is not considered, then the fees will be refunded within 60 days from the date of the order.

Suggestion: It would be more relevant and appropriate to collect the scrutiny fee at the time of receiving the application and collect the regularisation charges after scrutiny, if an application is cleared by the scrutiny committee. This will give time to people to arrange for funds while the application can be submitted within the due date of 14 December. This will avoid unnecessary trouble (for the public as well as BBMP) in the event of refund of the regularisation fee for an application that is rejected.

V Rao: The government had perhaps examined this suggestion as there were several rounds of discussions before finalising the Act & Rule. If the fee is kept at the last stage as suggested by you, then there will be too many people applying for Sakrama even though they may not be eligible to apply. Processing unwanted application will cause further delay. Hence, I presume the government took a well considered decision while insisting an applicant to pay the regularisation and all other fees at the time of applying itself.

I have purchased a property in Kasavanahalli village, Doddakannalli (PO), Varthur Hobli, converted by Deputy Commissioner and have a sanctioned plan approved by the Doddakannalli village panchayat. Unfortunately, the matter is in High Court regarding formation of High Tech City due to the BDA notification. The High Court has granted a stay order. No final decision has been taken.

-Ashok Thampy [thampy@IIMB.ERNET.IN]

V Rao: Yes, you can apply for regularisation, but the order will be subject to the decision of the high court.

I am the owner of an apartment, which has been constructed as per the sanctioned plan in an apartment complex in Basavanagudi. However, this apartment complex has one entire floor & a part of the car parking basement, which has unauthorised apartments. These were constructed without the permission of the owners of other apartments, who have purchased authorised portions.

1) I would like to know whether BBMP can regularise the unauthorised apartments without seeking written permission from the owners of authorised apartments.

2) If the existing owners do not want these to be regularised what is the procedure that has to be followed.

-Ragunath Srinivasan
[ragunathsrinivas@gmail.com]

V Rao: These questions have been answered in our website www.bmponline.org An apartment coming up in an area earmarked for parking cannot be regularised at all. The upper floors can be regularised provided the floor area ratio does not exceed the permissible limits. Only the association is authorised to apply for regularisation and not individual apartment owners. If the association does not apply for regularisation, then the supply of water and electricity is liable to be disconnected after issue of notice. Please read the full FAQ in our website in this regard.

I feel that the BBMP is over spending to spread awareness on Sakrama. Why dont the BBMP take an initiative to send its batch/es to layouts after publishing such programmes well in advance through press, and help residents in the process? This will not only help residents, but also bring BBMP more revenue.

-P V Prakash
(ultimaterachana@india times.com)

V Rao: It is BBMP's duty to disseminate information to the general public of a public policy. Your suggestion to visit each and every layout may neither be desirable nor feasible.

Presently, I am residing in an apartment situated at Basaveshwaranagar. Altogether, there are nine flats in the apartment complex, comprising of three floors and three flats in each floor. There is no cellar to the apartment complex. As per the sanctioned plan, the building should have constructed, facing North, whereas the building actually constructed is facing South, although there is no change/deviation in any respect. I would like to know whether our building needs 'regularisation', in the sense, there is a change of direction of the building construction, as against the sanctioned plan.

-C G Shashidharan
[shashidharancg@yahoo.co.in]

V Rao: In this case the only violation appears to be that of the direction of construction. In this case, it is suggested that the apartment association should in the first place pass a resolution to apply for regularisation. The Association, then must file the regularisation form enclosing an architect certified as-built plan, structural stability certificate and other documents that are detailed in our website www.bmponline.org seeking for regularisation of the building. Since there is no FAR or setback violation, it may not be a case for payment of any regularisation fee. However, the prescribed scrutiny fee has to be paid.

1. I have constructed a house in a layout at Bilekahalli, Bangalore South taluk on a plot of size 30x50 ft. This layout viz "Ramanasri Enclave" was approved by Bilekahalli Grama Panchayat on 22nd march 1993.

-Srikumar Krishna
[ranjanisrikumar@gmail.com]

V Rao: Gram Panchyat do not have any statutory powers to approve layout. Hence, this layout is an unauthorised layout.

2. I have paid betterment charges to the erstwhile Bommanahalli CMC and obtained Khatha certificate in my name. I have got house plan sanctioned from Bommanahalli CMC on 23 March 2004 and constructed the house. Please clarify whether regularisation of plot as per part 1 is still necessary for this accommodation. If yes, please clarify whether the betterment charges of Rs 15,000 paid to Bommanahalli CMC can be deducted from this amount.

V Rao: Payment of betterment fees is independent of whether you have paid the betterment fee to the erstwhile CMC or not. regularisation fee is to regularise the violations contemplated under the provisions of Section 76 FF of the KPTC Act, while the betterment fee paid is a local fee paid to the local government. You cannot deduct the betterment charges paid to the CMC from the regularisation fees payable.

3. The list of architects mentioned in the website do not contain their contact telephone numbers. If this is given it will be more helpful so that we can ascertain their availability before approaching them.

V Rao: I am afraid we do not have their telephone numbers in our records. Yellow pages may have their numbers.

I bought a house last year in R Narayanapura from a builder, who had the following approvals- land conversion order to residential; building approval plan from CMC. Since this area was not under BBMP zone last year, I was told that CMC was the approval authority for this area at that time.

1: Since there is no violation in building plan that was approved by CMC, what needs to be regularised under the Sakrama scheme?

-Sreepad Gopalarao
sreepad.gopalarao@yahoo.com]

V Rao: The erstwhile CMC had the powers to sanction plans up to ground plus three floors. In your case the land has been converted for residential use. Hence, if your building is within the sanctioned plan and built as per the sanctioned plan, there is no need to apply for regularisation.

2: In Part 1 of the application, regularisation fees for site area above 120 sq mtr is Rs 600 for Bangalore Urban and Rural districts, Rs 250 for other Corporation areas and Rs 150 for other areas. To which category does this location R Narayanapura belongs to?

V Rao: Rs 600/sq mtr

There are rumours that the regularisation fees may change. Is it true? If so, by when will the new charges be announced. Will the last submission date be postponed?

-Devaprasad K Nadgir
[ndevapra@in.ibm.com]

V Rao: We do not have any news regarding the change in the regularisation fee.
My advise to you is not to listen to any rumors, but act now when you have an opportunity to regularise the violations, if they are within the permissible limits.

HOTLINE

The BBMP has set up a hotline for providing information on regularisation of some constructions.
This line will function from 11 am to 2 pm from Monday to Saturday, starting from November 20. Senior BBMP officers will answer calls made to the hotline number 32440101.

SAKRAMA

‘BBMP officials can handle scheme’

BBMP Deputy Commissioner (Resources) Vasanth Rao has said the Palike officers are competent to handle the Sakrama scheme and assist the public. However, the Palike has asked officials to provide the public only information on the scheme and not assist them in filling up applications.
Mr Rao said the Palike would maintain objectivity in implementation of the scheme. He said applicants can approach structural engineers for assistance.

CPM

‘Fee too high’

The Communist Party of India- Marxist (CPI-M) on Monday criticised the Sakrama Policy stating that it will do more harm than good to citizens.

Speaking to reporters on Monday Prakash K, Secretary of Bangalore District Committee of CPI(M) said, the regularisation fee specified under the Sakrama policy was very high and expecting people to pay the entire fee in one go would be a huge burden on them.

He also said that the Bruhat Bangalore Mahanagra Palike (BBMP) should not to exercise any deadline for paying regularisation fee and stressed that it should be a continuous process for the benefit of people.

The CPI(M) also termed the BBMP decision to disconnect electricity and water supply of those properties which fail to get regularised before the deadline of December 14 as unethical and raised doubts whether the Palike would be able to generate a total sum of Rs 800 crore from Sakrama policy.

The CPI(M) plans to hold a protest in front of BBMP head office on November 27 in protest against the policy.Parking area cannot be regularised: BBMP
DH News Service, Bangalore:
Despite BBMPs efforts to clear intricacies of Sakrama, several doubts remain in the minds of the public. Responding to Deccan Heralds appeal many property owners have e-mailed their queries.


BBMP Deputy Commissioner U A Vasanth Rao has replied to the queries. Here are a few questions followed by Mr Rao’s reply.

All queries are with respect to vacant sites. I have the following questions with regard to DC converted sites and non-converted sites falling in the erstwhile CMC areas (with tax assessment form 3) and village panchayats (with panchayat khata), which are now part of BBMP, but do not have a BBMP khata yet.

-Kalyan Kumar
[kalyankc7@yahoo.com]

V Rao: For Khata you need to apply separately to the local body. This is independent of Sakrama.

1. What does unauthorised mean in terms of above vacant sites?

V Rao: Unauthorised sites are those sites formed in an unauthorised layout that have not been approved for formation by jurisdictional planning authority.

2. Will a BBMP khata be issued along with regularisation?

OR

3. Will there be an additional betterment charges to be paid apart from the regularisation fee, in order to obtain the BBMP kahta?

V Rao: The issue of Khata is independent of Sakrama. You need to approach the local government for Khata. It can be said that when your propriety has been regularised, you will be entitled to receive your khata.

4. Is there an upper time limit assured by BBMP, within which the result of an application is communicated?

V Rao: The law does not prescribe any upper time limit for the order to be passed, as before passing the order, the screening committee would be required to examine the application from various angles before recommending regularisation. Such verification is bound to take time. But from BBMP, the Commissioner has instructed to speed up the process.

5. Is there an upper time limit within which the fee is refunded when an application is rejected?

V Rao: If the application for regularisation is not considered, then the fees will be refunded within 60 days from the date of the order.

Suggestion: It would be more relevant and appropriate to collect the scrutiny fee at the time of receiving the application and collect the regularisation charges after scrutiny, if an application is cleared by the scrutiny committee. This will give time to people to arrange for funds while the application can be submitted within the due date of 14 December. This will avoid unnecessary trouble (for the public as well as BBMP) in the event of refund of the regularisation fee for an application that is rejected.

V Rao: The government had perhaps examined this suggestion as there were several rounds of discussions before finalising the Act & Rule. If the fee is kept at the last stage as suggested by you, then there will be too many people applying for Sakrama even though they may not be eligible to apply. Processing unwanted application will cause further delay. Hence, I presume the government took a well considered decision while insisting an applicant to pay the regularisation and all other fees at the time of applying itself.

I have purchased a property in Kasavanahalli village, Doddakannalli (PO), Varthur Hobli, converted by Deputy Commissioner and have a sanctioned plan approved by the Doddakannalli village panchayat. Unfortunately, the matter is in High Court regarding formation of High Tech City due to the BDA notification. The High Court has granted a stay order. No final decision has been taken.

-Ashok Thampy [thampy@IIMB.ERNET.IN]

V Rao: Yes, you can apply for regularisation, but the order will be subject to the decision of the high court.

I am the owner of an apartment, which has been constructed as per the sanctioned plan in an apartment complex in Basavanagudi. However, this apartment complex has one entire floor & a part of the car parking basement, which has unauthorised apartments. These were constructed without the permission of the owners of other apartments, who have purchased authorised portions.

1) I would like to know whether BBMP can regularise the unauthorised apartments without seeking written permission from the owners of authorised apartments.

2) If the existing owners do not want these to be regularised what is the procedure that has to be followed.

-Ragunath Srinivasan
[ragunathsrinivas@gmail.com]

V Rao: These questions have been answered in our website www.bmponline.org An apartment coming up in an area earmarked for parking cannot be regularised at all. The upper floors can be regularised provided the floor area ratio does not exceed the permissible limits. Only the association is authorised to apply for regularisation and not individual apartment owners. If the association does not apply for regularisation, then the supply of water and electricity is liable to be disconnected after issue of notice. Please read the full FAQ in our website in this regard.

I feel that the BBMP is over spending to spread awareness on Sakrama. Why dont the BBMP take an initiative to send its batch/es to layouts after publishing such programmes well in advance through press, and help residents in the process? This will not only help residents, but also bring BBMP more revenue.

-P V Prakash
(ultimaterachana@india times.com)

V Rao: It is BBMP's duty to disseminate information to the general public of a public policy. Your suggestion to visit each and every layout may neither be desirable nor feasible.

Presently, I am residing in an apartment situated at Basaveshwaranagar. Altogether, there are nine flats in the apartment complex, comprising of three floors and three flats in each floor. There is no cellar to the apartment complex. As per the sanctioned plan, the building should have constructed, facing North, whereas the building actually constructed is facing South, although there is no change/deviation in any respect. I would like to know whether our building needs 'regularisation', in the sense, there is a change of direction of the building construction, as against the sanctioned plan.

-C G Shashidharan
[shashidharancg@yahoo.co.in]

V Rao: In this case the only violation appears to be that of the direction of construction. In this case, it is suggested that the apartment association should in the first place pass a resolution to apply for regularisation. The Association, then must file the regularisation form enclosing an architect certified as-built plan, structural stability certificate and other documents that are detailed in our website www.bmponline.org seeking for regularisation of the building. Since there is no FAR or setback violation, it may not be a case for payment of any regularisation fee. However, the prescribed scrutiny fee has to be paid.

1. I have constructed a house in a layout at Bilekahalli, Bangalore South taluk on a plot of size 30x50 ft. This layout viz "Ramanasri Enclave" was approved by Bilekahalli Grama Panchayat on 22nd march 1993.

-Srikumar Krishna
[ranjanisrikumar@gmail.com]

V Rao: Gram Panchyat do not have any statutory powers to approve layout. Hence, this layout is an unauthorised layout.

2. I have paid betterment charges to the erstwhile Bommanahalli CMC and obtained Khatha certificate in my name. I have got house plan sanctioned from Bommanahalli CMC on 23 March 2004 and constructed the house. Please clarify whether regularisation of plot as per part 1 is still necessary for this accommodation. If yes, please clarify whether the betterment charges of Rs 15,000 paid to Bommanahalli CMC can be deducted from this amount.

V Rao: Payment of betterment fees is independent of whether you have paid the betterment fee to the erstwhile CMC or not. regularisation fee is to regularise the violations contemplated under the provisions of Section 76 FF of the KPTC Act, while the betterment fee paid is a local fee paid to the local government. You cannot deduct the betterment charges paid to the CMC from the regularisation fees payable.

3. The list of architects mentioned in the website do not contain their contact telephone numbers. If this is given it will be more helpful so that we can ascertain their availability before approaching them.

V Rao: I am afraid we do not have their telephone numbers in our records. Yellow pages may have their numbers.

I bought a house last year in R Narayanapura from a builder, who had the following approvals- land conversion order to residential; building approval plan from CMC. Since this area was not under BBMP zone last year, I was told that CMC was the approval authority for this area at that time.

1: Since there is no violation in building plan that was approved by CMC, what needs to be regularised under the Sakrama scheme?

-Sreepad Gopalarao
sreepad.gopalarao@yahoo.com]

V Rao: The erstwhile CMC had the powers to sanction plans up to ground plus three floors. In your case the land has been converted for residential use. Hence, if your building is within the sanctioned plan and built as per the sanctioned plan, there is no need to apply for regularisation.

2: In Part 1 of the application, regularisation fees for site area above 120 sq mtr is Rs 600 for Bangalore Urban and Rural districts, Rs 250 for other Corporation areas and Rs 150 for other areas. To which category does this location R Narayanapura belongs to?

V Rao: Rs 600/sq mtr

There are rumours that the regularisation fees may change. Is it true? If so, by when will the new charges be announced. Will the last submission date be postponed?

-Devaprasad K Nadgir
[ndevapra@in.ibm.com]

V Rao: We do not have any news regarding the change in the regularisation fee.
My advise to you is not to listen to any rumors, but act now when you have an opportunity to regularise the violations, if they are within the permissible limits.

HOTLINE

The BBMP has set up a hotline for providing information on regularisation of some constructions.
This line will function from 11 am to 2 pm from Monday to Saturday, starting from November 20. Senior BBMP officers will answer calls made to the hotline number 32440101.

SAKRAMA

‘BBMP officials can handle scheme’

BBMP Deputy Commissioner (Resources) Vasanth Rao has said the Palike officers are competent to handle the Sakrama scheme and assist the public. However, the Palike has asked officials to provide the public only information on the scheme and not assist them in filling up applications.
Mr Rao said the Palike would maintain objectivity in implementation of the scheme. He said applicants can approach structural engineers for assistance.

CPM

‘Fee too high’

The Communist Party of India- Marxist (CPI-M) on Monday criticised the Sakrama Policy stating that it will do more harm than good to citizens.

Speaking to reporters on Monday Prakash K, Secretary of Bangalore District Committee of CPI(M) said, the regularisation fee specified under the Sakrama policy was very high and expecting people to pay the entire fee in one go would be a huge burden on them.

He also said that the Bruhat Bangalore Mahanagra Palike (BBMP) should not to exercise any deadline for paying regularisation fee and stressed that it should be a continuous process for the benefit of people.

The CPI(M) also termed the BBMP decision to disconnect electricity and water supply of those properties which fail to get regularised before the deadline of December 14 as unethical and raised doubts whether the Palike would be able to generate a total sum of Rs 800 crore from Sakrama policy.

The CPI(M) plans to hold a protest in front of BBMP head office on November 27 in protest against the policy.