Revised scheme may cheer middle class

Revised scheme may cheer middle class
By Asha Krishnaswamy, DH News Service, Bangalore:
When the controversial Sakrama scheme comes back in its new avatar, it may bring a smile to the faces of property owners belonging to the middle and lower middle classes.

Also, those who own sites or built houses in the erstwhile green belt area as per the Comprehensive Development Plan (CPD), 1995 may heave a sigh of relief. The reason being that Sakrama may be made applicable even to them.

If the executive committee of the governor approves the officials’ suggestions that the CDP 2015 should be made applicable to Sakrama, then all development work up in the erstwhile green belt would be regularised.

Green belt
As much as 800 sq km of the green belt has been opened up for development under the new CDP, 2015. So, hundreds of property owners in the green belt (which was basically farm land) may also get a lifetime opportunity to get their illegal constructions regularised.

The original Sakrama Act had adopted the 1995 CDP. However, there may not be any change in the cut-off date for buildings to qualify under the scheme.

Sources in the secretariat said that top officers, who have been given the task of revising Sakrama, in their note to the executive committee have favoured that those buildings which have been built before February 2, 2007 alone should get benefit under Sakrama even under the new CDP.

Two sets of writ petitions have been filed before the Karnataka High Court — one questioning the quantum of penalty prescribed by the government and the other opposing the scheme itself.

The court, which has stayed the implementation of the scheme, will be taking up the matter for hearing on February 6. The court had directed the government to have a re-look at the scheme following stiff opposition to the scheme. Adoption of the new CDP also means it will help hundreds of property owners, mainly within the City, to avail themselves of higher Floor Area Ratio (FAR).

Vertical growth
The new CDP is quite liberal on FAR and, in fact, it favours vertical development of the City. The 2015 CDP has permitted FAR up to 4, while the maximum FAR as per 1995 CDP was 2.

In other words, several high-rise buildings constructed without sanctions, may get regularised under the revised Sakrama.

Officials of various departments including the Urban Development and BMP is learnt to be in a relenting mood when it comes to the penalty clause. It is said that the government is ready to reduce the penalty substantially for those who have constructed buildings on smaller dimension sites such as 20X20 ft and 30X40 ft.

The fees can be revised as the penalty slabs have been fixed under the rules framed under the Karnataka Town & Country Planning (Regularisation of unauthorised development or construction) Rules, 2007. But, the extent of setback and FAR violations beyond 50 per cent for residential and 25 per cent for non-residential properties cannot be revised as these have been prescribed in the Act itself.

Any amendment to the Act requires the legislative process. In the absence of an elected government, the amendment, if favoured, would have to be placed before Parliament. It is to be seen whether the governor would like to opt for this route, sources said.

Another contentious issue is the betterment fee collected by the BBMP.

The Palike has been arguing that the improvement fee is the same rate as Sakrama fee. Then the question is why the property owners should pay both.

This may get an answer from the governor himself — he may either reduce the betterment fee or waive it. “In case the governor waives the betterment fee, then the people may accept Sakrama without much resistance,” the sources pointed out.

It is also learnt that the officials are not for heeding the demand of citizens to allow the penalty payment in installments. As the per the Act, the penalty has to be paid along with the application form.

Unless the Act is amended, the installment provision cannot be included.

However, the officials are not against extending the deadline for paying the penalty. In fact, the time-frame fixed by the government is also part of the Act. But, the same can be relaxed in view of the High Court directing the governor that a one-time extension may be given. In case the government is too generous on deadlines, then the scheme may not be implemented in toto. The new government may tinker with the Act and rules, which eventually invite fresh litigations.

The officials, it is said, while reworking the scheme, in their note submitted to the executive committee have commented that if the Sakrama fee is reasonable then the property owners would not resist it as they would get legal status for their property.