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.

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:

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.

CLICK HERE FOR MORE INFORMATION

The post Akrama Sakrama new frame work for state revenue appeared first on LOCAL SPACE.

I refer to my blog published in March 16th of 2015 with title Good news for Karnataka House Building Cooperative Societies.

I had mentioned few points in the blog. TOI Bangalore-Edition has published  good news on 29th ,Dec 2015.

“House building cooperative societies needn’t wait long for allocation of land to carve out layouts. The Karnataka government is planning to amend the Karnataka Co-operative Societies Act, 1959, to empower these societies to purchase land directly from farmers. The land wait sometimes stretches into decades, frustrating investors. Also, the government intends to bring in single window clearance for HBCS and speed up layout formation process, a minister said”

I am listing those points again

Government should consider following factors while doing any amendments in the existing co operative housing society act.

1 Change of usage of land should be done on a single window scheme by appointing a separate agency. This would cut down time spent in processing all documents among various departments.

2 Large parcel of land should be permitted for change of   usage of land

3 Percentage of Associate membership should be increased in order to facilitate outsiders with state domicile to buy plots from these housing societies.

4 Plot should be allotted and registered within one year from the date of payment of all installments. Otherwise interest should be paid on the total amount for delayed
period.

5 Developer should register all plots in the name of society. Last minute tussle between Developer and Society should be avoided.

6 Society should not charge additional amount on the basic land cost as mentioned to its members.

7 Society should publish its progress report on acquisition of land and development activities on periodic basis to its members.

8 Members Investment should be safeguarded in proportion of land acquired by the society.

9 There should be transparency on the percentage of money spent from the members installments made to society.Money collected should not be diverted to other projects of the society.

The post 2016 New Year Hope for Karnataka House Building Cooperative Societies appeared first on LOCAL SPACE.

Bill on the table to increase the income limit to buy farm land in Karnataka.

The State government on Monday March 2015 introduced an amendment bill in the Legislative Assembly, seeking to increase the income limit for purchasing farm land to Rs 25 lakhs from Rs 2 lakhs.

On amendments to the Karnataka Land Reforms Act, 1961, the Minister said the government was contemplating amendments to Section 79-A that bars persons having an annual non-agricultural income of above Rs. 2 lakh from buying agricultural land.

The Karnataka Land Reforms (Amendment) Bill, 2015, also proposes to empower Deputy Commissioners of districts to grant permission for purchasing a certain extent of land for educational, industrial, religious and housing projects. The Bill was piloted by Revenue Minister V Sreenivas Prasad.

It is a good move as Government can expect some revenue from this amendment.

By Vidyadhar Naik– LOCAL SPACE    M:00000000000

Also see

 http://bangalorerealestates.in/farm-house-and-farm-land-in-bangalore/

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