DH News Service
Bangalore: Doubts, suggestions, queries on Sakrama policy are continuing to flood inbox of Deccan Herald. BBMP Deputy Commissioner (Resources) U A Vasanth Rao has replied to all of them. Here are a few questions followed by responses.

B R Garudachar, G Jagadish

In the notification regarding floor area violations it is mentioned that floor area violations against the approved plans but within the provisions of Zoning regulations or Building bylaws may be regularised on obtaining revised building plan and on payment of prescribed fee under Section 18 of the Act. Where do we get the information on Zoning regulations as it is not covered in the notification?

Zoning regulation will be available in the Received Comprehensive Development Plan 1995. Your architect or Engineer will certainly be having a copy of this publication. In a residential zone if a commercial activity were being carried on, it would be against the zonal regularisation. Such violations are contemplated to be regularised, provided the Bangalore Development Authority approves them.

 Anantha R A

As member of Syndicate Bank Employees House Building Co-op Society I was allotted a site at the Society's project at Herohalli, the village which has now come under the BBMP jurisdiction.The land in which the layout has been formed has been acquired through the Government and given to the Society after collecting necessary amount from the society for formation of residential sites for its members.

The society in turn prepared a layout plan in conformity with the regulations of BDA and approached them for approvals. BDA on its part demanded a sum of around Rs 3 crore as Cauvery water cess for conveying its approval. The Society is ready to pay but wanted an assurance from BDA about the water supply. The BDA was non committal, the society approached the area panchayath and got its approval for the layout plan and formed the layout accordingly and in turn sold the same to the members.

We now pay the taxes to the local panchayat. Is the layout deemed to be an approved one?

No, the layout is not an approved layout. Panchayat do not have any statutory authority to approve the layout.
Possession of Katha, payment of property tax or having own water source are not the issues for consideration here. The layout is unauthorised and hence it is advised for  the site owners have to seek for regularisation. And the members of the society need not pay any penalty under Sakrama.

 The members of the Society have to pay the regularisation fee, if they want to regularise their plot or building, if the building is also unauthorised/violated building bylaws.

Mahesh M R

My area is Dasarahalli (near Hebbal). Earlier, it was under grama panchayat and we are paying tax to the panchayat office and now it comes under BBMP. Can you please let me know the procedure to come under Sakrama scheme?  

You fall within the jurisdiction of the Joint Commissioner, BBMP Dasarahalli. Purchase a handbook from any of the post-offices. The handbook contains all details that will help you to fill up the application form. Submit the same to any of the post-office within Dasarahalli limits mentioned in the handbook.

Choudary Talasila Kuberudu

I am a builder and have the following doubts about Sakrama 
Building 1: We have constructed an apartment in Doddatogur grama panchayat area which has not come under BBMP. The land is DC converted. We have built on a joint development. Stilt for parking, G+3 floors. Total 4 floors and only 8 flats; 2 flats on each floor on 40x60 site. There is no underground construction. The construction has come up as per the Grama Panchayat plan. If the Panchayat has no right to sanction plans, why do they sanction plans for apartments?

There is no setback or FAR violation. Do we have to apply for Sakrama? If we are told to apply, do we have to submit a certificate from a structural engineer about the building's stability? Can I, as a builder pay the Sakrama fees?

Gram Panchayats are not the statutory authorities to sanction plan. Hence the plan sanctioned is unauthorised and the Government has now provided you an opportunity to apply for its regularisation.

Yes, you have to apply for regularisation as the plan is not sanctioned by the competent authority. As you inform that you have not violated the bylaws of 1995, you will not be required to pay regularisation fee towards setback violations or FAR violations. You will need to pay only the building licence fee and the processing fee. You need to enclose the structural certificate along with your application.

The law prescribes that in respect of apartments, only the apartment association has to file for the regularisation. Hence, it is mandatory for the association to be formed to apply for regularisation. The building must be completed in all aspects including light and water connection.

Building 2: We have built an apartment in Rajarajeswari Nagar. Now it is under BBMP. We have violated about 20% in FAR. Not a single flat is registered. This is also a joint development. As a builder can I pay the Sakrama fees?

If the flats are not registered prior to 3-2-2007, you cannot apply for regularisation. Though the apartment block has violated, you are disentitled from applying as you do not fall within cut off period.

V Padmanabhan

Is  Sakrama uniformly applicable to all the areas of the City? Usually it is builder and developer who violate the building bylaws. So, why the owners of apartments should be held responsible for the violations and pay penalty? What action is contemplated against the builders and BBMP officials who are responsible for the violations?

Sakrama is applicable not only to BBMP, but all over the State.  The fact remains that you have purchased a flat that is not as per the law. The residents' association now has an opportunity to help regularise the unlawful position of the building for its members, provided the violations are within the permissible limits.

I am not able to advise you on the question what action should be taken against the builder/developer. However, the law henceforth contemplates action against engineers of the local body for violations within their jurisdiction.

D H Venkatesh

Whether the portico (no foundation is built) of a house is considered for set back area?

No. Portico is not considered for setback calculations.

G Ramaprasad

I own a site in an unauthorised layout. As I have a CMC khatha and also have paid the betterment charges I was told that I need not pay any penalty but have to pay a small fee and get the BBMP Khatha. Clarify the exact position in this regard.

Payment of regularisation fee to regularise the site from its present unauthorised status, is independent of the any fee paid to obtain the katha. Therefore if you want to regularise your site you have to pay the regularisation fee. You may convey the same to your neighbourhood.

S Karthikeyan

What is the definition of an unauthorised layout? I purchased a site from a private developer in 2000 by raising bank loan. In the sale deed, khata number is mentioned. Khata transferred in my favour; betterment charges are paid; initial deposit for BWSSB paid.

Unauthorised layout is one which has not been approved for formation by jurisdictional planning authority.  You might have records and paid fees, still it remains unauthorised as it is not authorised by the appropriate planning authority. Hence you now have an opportunity to apply for regularisation of the site in this unauthorised layout.

Alex D'Silva

BBMP says Sakrama is applicable for site registered/building completed prior to 3.2.07. I have registered a building coming under the BBMP (DC converted property) on 19.5.7. The layout is unauthorised. What is the FAR to be considered and the setback? The building was completed by the end of April this year. Does my property come under the preview of Sakrama? Will there be one more Sakrama scheme?

No, the building does not come with the cut off date prescribed under Sakrama. I cannot say whether there will be another Sakrama scheme or not.  It is the prerogative of the government.