Mangalore, which is a cauldron of illegal construction is all set to receive the Government’s drive for regularising unauthorised building with open arms. This drive will commence on September 15 and will go on till December 15 providing an opportunity to regularise unauthorised developments and constructions.

While the drive surely brings a sigh of relief to the builders who have violated the National Building Code, Mangalore City Building Bylaws and the MUDA Zoning Regulations, the Citizens’ Groups have raised objections to the Karnataka Town and Country Planning (Regularisation of Unauthorised Development or Constructions) Rules, 2007 and the Karnataka Municipal Corporation (Regularisation of Unauthorised Development or Constructions) Rules, 2007.

The question raised is when unauthorised constructions are being brought down all over (recent orders of the Supreme Court in respect of Delhi and the Kerala High Court in respect of resorts in Munnar), why are regularisations being encouraged in Karnataka?

Citizens Forum for Mangalore Development Joint Co-ordinator Vidya Dinker says that the rules actually encourage people to violate law. Annexure I provides for the fees for regularisation at Rs 200 per sq mt. for a site up to 60 sq. mts. and Rs 600 per sq mt for a construction above 120 sq mts. for formation of sites.

This implies that it is very economical for a developer to violate and then regularise and sell the property for a rate far greater than the rate of penalty prescribed.

She says that the narrow streets and lanes in Mangalore City are already clogged by violations of parking requirements in existing commercial and residential multi-storeyed buildings and non-compliance of the local laws regarding procuring Fire NOCs for high-rise buildings are already considered a fine recipe for disasters just waiting to happen.

To regularise violations in Dakshina Kannada district which has been declared by the Government of India as multiple-disaster prone would be an irresponsible and suicidal move.

The members of the forum say that in Annexure II, if the percentage of violation is up to 25 per cent, only 10 per cent of the market value per sq. mt. of total violated area is prescribed as regularisation fee.

This implies that no matter what the plan sanctioned is, a builder can violate the set back by up to 25 per cent and then has to pay only 10 per cent of the market value of the same, while he reaps the benefit of the market value of the entire area that is regularised and is able to sell it.

Hence, the law breakers are being invited to violate laws. She says that penalties should be to the tune of 10 times the market value of the area in violation if there has to be a deterrent.

People who wish to regularise their structure need to apply to the competent authority who will scrutinise the application and send it to the screening committee. The regularisation of the set up depends on the Screening Committee.

Forum says that the entire process and composition of a Screening Committee is clearly misconceived. If the authorities who give the sanctions were to monitor and do their job in the first place, there would be no need for regularisation.

The Forum suggests that there should be a Lok Ayukta representative and one person from the Civic Awareness groups who should be on the Screening Committee and an affirmative vote from at least one of these two before any regularisation is authorised. These persons from Civic Awareness groups could be rotated / changed on a regular basis to discourage any malpractice.

The Forum had complained to the Urban Development Authority on the same but yet their objection has been overlooked.

The Forum members feel that the amendment Act and Rules are the gross violation of the Constitutional guarantee of planned and descent living environment for every citizen.

WHY NO ACTION?

The Citizens’ Forum for Mangalore Development questions that when the Amendment Act speaks of penalising officials who failed to prevent unauthorised constructions and building violations, why are the Rules conspicuously silent on this issue.