Here are some questions followed by answers.

C A Nandish: I own a site and a house in Kodigehalli. The layout where I own property was also formed after obtaining permission by the then sanctioning authority viz, Secretary, Village Panchayat, Kodigehalli.

 The Secretary, Village Panchayat is not one of the planning authority to layout formation. Hence the sites in the layout are unauthorised and the owners are advised to apply for Sakrama, if they wish to regularise.

I constructed the house in 2003 after obtaining building plan approval from CMC Byatarayanapura and there are no deviations from the sanctioned plan. I had also paid applicable development charges to the CMC. I had also obtained loan from bank for the purpose of constructing my house. Bank had sanctioned the loan after getting the legal advice/NOC. In view of the above, I request you to let me know if I need to regularise my property by paying penalty to BBMP and reasons for the same.

The then CMC was competent to sanction building not exceeding ground + 3 floors. If your building is within this floor restriction and there is no deviation from the sanctioned plan, you need not fill up part III (green colour form). For the unauthorised site you need to fill up Part I (Yellow colour form) and pay the regularisation fee.

Chandrashekar:
1. Your booklet says that all unauthorised layouts should be regularised. But how will the public know whether their layout is authorised or not. BBMP must clearly publish the list of areas considered as unauthorised layout for the sake of the public.

If the registered sale deed contains details of land conversion by the Deputy Commissioner (Revenue) then conversion fee under 'Sakrama' need not be paid. Secondly, if the sale deed contains the details of the layout approval by the respective planning authority viz the BDA, BMRDA, BIAAPA with their order number and reference then the site is not unauthorised.  These details in the sale deed will give you the necessary information whether land is converted or not or whether the layout is approved or not.

2) What is the rationale in fixing exorbitant rates for Sakrama citing the increase in land value.

The Government has fixed the fee and BBMP like other local bodies are implementing authorities. You will agree that once the site is regularised, there will be a consequent appreciation of the property.

3) The one-shot payment without installments is not justified, you can justify saying that the bank loan has been arranged. Bank just does not lend money without interest, can anybody pledge the original document worth lakh for a loan of Rs 50,000 or Rs 1 lakh

The Rules do not provide for payment in installment. BBMP on its own convened a meeting with banks requesting them to advance loans to those applying under Sakrama. We have done this to help the citizens to overcome the issue of full payment at one go.

PUK Nambissan: My house was built in 1993 (ground floor) in a 20x30 ft site in JP Nagar IV Phase. Five years ago, I built another two rooms in the first floor as per the approved plan. Total area built in both the floors is 991 sqft. What is our permissible area, and whether my house falls under the deviated case?

For your first question, it is suggested that you may please contact your architect or engineer, who will be able to refer to the 1995 building bye-law and advise you whether there are any deviations or not.

Srinath: A company built a building in III Block, Rajajinagar in 2002 based on the approved plan. While the permission is for residential house, subsequently the company occupied the building for its office. The company has been paying property tax to the Palike as a commercial property. Is it necessary to apply under the Sakrama Scheme to regularise the building as a commercial  property?

Yes, since the plan is approved for a residential house, it is necessary for you to apply for change of land use. You need to fill up the pink colour form and pay the requisite fee. Secondly, if there is a building violation  you need to fill up the green colour form as well and pay the requisite fee. Only after the change of land use is permitted by the BDA, the regularisation order will be passed.

B G Rajulu: I have constructed an office in CBD area and was ready by Aug 2006. The road cutting approvals given by BBMP on 29.9.2006. However owing difficulty in making payments to BESCOM  and BWSSB, there was a delay in connecting power and water, which happened after 3.2.2007. Can I apply for regularisation?

The Rules prescribe that the building has to be completed in all respect on or before 3-02-2007. This includes that you should have obtained the power and water connection before this cut off date. Since these are not yet connected, you are disentitled from applying.