Karnataka Akrama will it become Sakrama in 2020 ?
Since 2012 We have been hearing about the regularization of illegal properties which include both land and buildings in Karnataka state. There are around 3 lakhs of illegal buildings in Bangalore alone. Correct figures are not available for the rest of Karnataka including Bangalore. But the bottom line is to collect around INR 50000 crores as penalty from this process. The government of Karnataka made gazette notification for Akrama Sakrama in 2015. But PILs and other cases filed at different levels of courts put a hold in the implementation process. In the second week of April 2020, Honorable Chief Minister Shri B.S. Yediyurappa made press releases mentioning the implementation of the same in 2020 as soon as possible. But CM has very specifically mentioned that Government would sort out different cases pending in various courts.
During this time, it is appropriate to write a few lines about Akrama sakrama.
What is Akrama Sakrama
Regularization of real estate properties with approvals/without approvals which violated Planning authority, Directorate of Town and country planning, local Municipal corporations, and Revenue department norms and regulations in the state of Karnataka. A penalty will be imposed on owners of such properties depending upon the percentage of violation and non-compliance of type of approvals. These violations will be considered and regularized with limitations.
What are the benefits of regularizing unauthorized land and buildings in Akrama and Sakrama.
1 Legal Approvals issued
2 Khata registration and Khata Extracts will change from B-Register to A-Khata.
3 Permissions for Electricity and water will be legal.
4 Home loan sanctioning process will be easy and resale value will increase
5 Right civic amenities will be provided
Attributes:
Land only
Land with building
Approved
Unapproved
Violations
No violations
How to read above diagram:
Example: Land with building: If you own a land with building, both land and building approved (green block) then possibilities are
1 Violation in land or violation in building or violations in land and building or no violations in land and buildings.
Permutations and combinations of attributes are listed below for possible consideration of regularization of properties.
1 Approved land with violations
2 Unapproved land with violations
3 Approved land and approved buildings but violations in both approved land and approved buildings
4 Approved land and approved buildings but violations in approved Land and no violation in approved buildings
5 Approved land and approved buildings but no violations in approved land and violation in approved buildings
6 Unapproved land approved buildings but violations in both unapproved land and approved buildings
7 Unapproved land approved buildings but violations in unapproved Land and no violation in approved buildings
8 Unapproved land approved buildings no violations in unapproved Land and violation in approved buildings
9 Approved land and unapproved buildings violations in both approved land and unapproved buildings
10 Approved land and unapproved buildings but violations in approved Land and no violation in unapproved buildings
11 Approved land and unapproved buildings but no violations in approved land and violation in unapproved buildings
12 Unapproved land and unapproved buildings violations in both unapproved land and unapproved buildings
13 Unapproved land and unapproved buildings but violations in unapproved land and no violation in unapproved buildings
14 Unapproved land and unapproved buildings but no violations in unapproved land and violation in unapproved buildings
Above combinations can be summarized further below.
1 Residential land/commercial land/industrial land formed without Change of land use/DC conversion, Planning Authority /DTCP/Municipal corporations’ approvals but these lands are in non-agricultural/ non-Green belt zones as per the Master plan of Directorate of Town and country planning (DTCP)/Comprehensive Development plans (CDP).
2 Constructions made on Residential land/commercial land/industrial land without Change of land usage/ DC conversion, planning authority/DTCP/Municipal corporations’ approval. But these lands are in non-agricultural/ non-Green belt zones as per the Master plan of Directorate of Town and country planning (DTCP/)/ Comprehensive Development plans (CDP).
3 DC Conversion made but planning authority /DTCP/Municipal corporations’ approvals not issued lands and violated rules and regulations. But these lands are in non-agricultural/ non-Green belt zones as per the Master plan of Directorate of Town and country planning (DTCP/) Comprehensive Development plans (CDP).
4 Constructions made on DC Converted land but planning authority lands/DTCP/Municipal corporations’ approval not issued land /buildings and no violation of rules and regulations. But these lands are in non-agricultural/ non-Green belt zones as per the Master plan of Directorate of Town and country planning (DTCP/)/ Comprehensive Development plans (CDP).
5 Planning authority /DTCP/ Municipal corporations‘ approval taken but violated norms and regulations. But these lands are in non-agricultural/ non-Green belt zones as per the Master plan of Directorate of Town and country planning (DTCP/)/Comprehensive Development plans (CDP).
As per the Karnataka Government gazette notification, unauthorized properties have been classified into three types.
1 Unapproved and violated development: which means the development was made without obtaining prior approval from the authority and also in violation of the master plan and zonal regulations.
2 Approved and violated development: which means the development carried out after obtaining approval from the competent authority but made in violation of the master plan and zonal regulations.
3 Unapproved and non-violated development: This means the development carried out without obtaining prior approval from the competent authority but, the development carried out in accordance with zonal regulations.
Illegal constructions that are eligible for regularization under akrama-sakrama scheme include:
Properties that are built on the land owned by the owner without an approved building plan.
Properties that are built on the land owned by the owner but deviate from the approved building plan.
Land use violations in contravention to section 14 and 14A of the Act.
Unauthorized subdivisions in contravention to section 17 of the Act.
Unauthorized development of buildings in contravention to Section 14 and 15 of the Act.
All buildings which are completed with occupation certificate or PID Numbers or door number issued shall also be eligible for regularization under these rules.
Illegal constructions that are not eligible for regularization under akrama-sakrama scheme include:
Properties that are built on Government lands.
Properties that are built on areas that are not designated for construction by zonal regulations and revised master plan.
Properties that are built on lands earmarked for parks or civic amenity in approved layouts.
Properties that are built-in basement or usage in contravention of bye-law or zoning regulations.
In the agricultural zone of an approved master plan or green belt, the area declared under the Karnataka Land Revenue Act, 1964
Example of Regularization:
Residential plot A, Approval Authority BMRDA,
Size of individual plot : 1200 sqft.
FAR: 2 (floor area ratio as per guideline). That is on an area of 1200 square feet maximum permissible construction area is 1200*2 = 2400 square feet. If you construct 3000 square feet then building violation is 3000-2400= 600 square feet.
Penalty structure for buildings:
RESIDENTIAL BUILDINGS
Six per cent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 and rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of setback norms and permissible floor area ratio does not exceed twenty-five per cent
Eight per cent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 and the rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of setback norms and permissible floor area ratio accedes twenty-five per cent but does not exceed fifty per cent.
COMMERCIAL BUILDINGS
(a) twenty per cent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 and the rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of setback norms and permissible floor area ration does not exceed twelve and a half per cent;
(b) thirty-five per cent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 and the rules made there under, of the portion of the building built in violation of the provisions referred to above, if such violation of setback norms and permissible floor area ration exceeds twelve and a half per cent but does not exceed twenty-five per cent.
Note: No person shall be liable to pay fine or fee for regularization under any other law if he has paid
The following acts were taken into account and under the provision of special rights. Karnataka Government made Gazette notification on 28/05/2014 to implement akrama and sakrama.
List of acts
a) Karnataka Town and Country Planning Act 1961 and 2004
1 The Karnataka Urban Development Authorities Act, 1987
2 Bangalore Metropolitan Region Development Authority Act, 1985
b) Karnataka Land Reforms Act 1961
c) Karnataka Revenue Land Act 1964
d) Karnataka Municipal Corporations ACT, 1976.
e) Karnataka Municipalities ACT, 1964
f) Rural Development & Panchayat Raj ACT
h) RERA ACT for the new changes to be made after 2016.
How to Regularize
Form number I application will be made available in all Wards of City and Town Municipal Corporations in the state of Karnataka and also concerned authorities.
There are three parts.
PART – I REGULARISATION OF PLOT IN AN UN-AUTHORISED SUB-DIVIDED LAND / LAYOUT
PART- II REGULARISATION OF BUILDINGS WITH LAND USE VIOLATIONS:
PART-III REGULARISATION OF UNAPPROVED AND NON-VIOLATED DEVELOPMENT / UNAPPROVED AND VIOLATED DEVELOPMENT / APPROVED AND VIOLATED DEVELOPMENT.
Why Karnataka Government would like to implement at the earliest in 2020?
Bottom line is to increase government revenue. COVID 19 pandemic is a big blow to all states and central revenue. Under this crisis, govt is making an attempt to collect immediate revenue and sees akrama sakrama as the quick way of increasing state revenue in the coming months.
What are the hurdles
1 Public interest litigation filed at different levels of courts including the Green tribunal act, RERA, etc.
2 Technical clearances required from various departments.
3 Implementation requires a qualitative approach in terms of property holders’ eligibility criteria and quantitative approach in terms of resources to accept/reject and process applications.
You can find relevant information regarding
1 Change of Land use
2 Setback Violation
3 FAR Violation (Floor area Ratio)
4 Penalty structures on Approval type and percentage of violation.