Digging up past mistakes

Akrama Sakrama to be implemented with retrospective effect

May 28, 2015 08:04 am | Updated August 29, 2016 07:04 pm IST - Bengaluru:

The much controversial Akrama Sakrama, presently challenged in the High Court of Karnataka, will be implemented with retrospective effect. This is indicated in a circular issued by Bruhat Bangalore Mahanagara Palike (BBMP) Commissioner G. Kumar Naik.

Though the notification of the guidelines in May 2014 laid down the eligibility criteria and the process for regularising violations, it was not specific how the extent of violations should be calculated. The circular, for the first time, puts forth a guideline to calculate the same.

The circular says that the extent of violation buildings will be calculated in comparison to the zonal regulations of the Bangalore Development Authority master plan in effect when the building was built.

The first plan was issued in 1972 and was called the Outline Development Plan. It covered 130 sq km as its Local Planning Area (LPA). This was followed by the first Master Plan in 1984 when the LPA was expanded. The conurbation area of each of these plans has successfully expanded with each plan. The city has seen two more Master plans – RMP 1995 and RMP 2015.

But is the government now ready to implement outdated master plans? Is it even implementable on the ground?

Experts say that retrospective application of Akrama Sakrama will create chaos as it will be a Herculean task to pin down violations in buildings as per the old master plans.

“The whole point of Akrama Sakrama is to regularise unauthorised development and building bylaw violations. But how will the government now determine the year of construction of a building if it is unauthorised in the first place? The setback norms have varied with each successive master plan. How fair is it to insist on the setback norms of a 1972 plan in 2015?” says R. Ramesh, a property consultant.

However, T.K. Anil Kumar, Secretary, Urban Development Department, said that this is the only fair way to hold builders accountable. “We concede that there may be some confusion while implementing this norm. But we will sort it out. The property papers and registration deeds will help us implement it,” he said.

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