Sakrama policies: Regularise, be at peace
Q & A
DH News Service, Bangalore:
Deccan Herald had invited queries from the public regarding Sakrama policies.
BBMP deputy commissioner
(resources) U A Vasanth Rao has replied to the questions.
Send your query to:
editordh@deccanherald.co.in
Here are the questions followed by Mr Vasanth
Rao's reply.
From: Pradeep, pradeepkuwait@yahoo.com
Q: I have a query regarding sites. Can you
help me please. I have two 30x40 sites side by side registered under one
document and the layout plan shows 2 sites A and B 30X40 each. My question is
should I pay regularisation charge based on 30x40 - 111.3 sqmtX400X2 or should I
pay for 40X60 - 223.1X600. What method should I adopt since the colony and sites
beside my sites is 30X40 and the plan has two numbers A and B mentioned.
V Rao: Since you have just one sale deed for both the sites, irrespective
of
the fact what the layout plan states, you need to apply at the rate
applicable to 60 X 40.
----------------------------
N.Sridhar [mailto:sridharcifa@yahoo.co.uk]
Q: I need a clarification regarding my site/building.I
purchased a site a DC converted
site from the owner in a village and built my house with Village Panchayat
sanction by taking a bank loan. Individuals own the sites here and the houses
are built by them individually.Though this is not called a layout there are
about 40-50 houses are built.
My questions are:
1.If Village panchayats are not authorised, how did they
carry out the so called illegal affair throughout Bangalore?
2.Do I have to regularise my site?
3.If the answer is yes, then how do I regularise the house built with Panchayat
sanction.This building has no FAR violations. Do I have to regularise along with
other residents in group or can proceed with my site/building?
V Rao: Panchayats do not have any powers to sanction house plans. Since
the site is in an unauthorised
subdivided land, the site can be regularised under Sakrama by filling up Part I
of the application.
The house also need to be regularized for this part 3 of the application needs
to be filled. The site can be regularized
independently.
----------------------------
H M Gopala Krishna (hmgk2007@gmail.com)
Q: Construction of a
residential house has started 2 months back at III Block, Rajajinagar, based on
approved plan of the Palike. The sanctioned plan is only for one car parking in
the basement, but would like to enlarge the cellar to park at least 5 cars.
Apart from the above, in the sides instead of leaving 2 metres space as per the
approved plan, only one metre has been left and construction is still in
progress. When the construction is still in progress, could we apply under
Sakrama Scheme for regularisation of deviations taken place already please?
V Rao: The Law prescribes that the cut off date for availing the Sakrama
is 3 February 2007. The building must have been completed in all respect and
must have been serviced by electricity and water connection. It is suggested
since the construction is still in progress, you may please adhere to the
bye-laws rather than hoping for another regularisation scheme.
----------------------------
1. The booklet says regularisation of violation in respect of change of land use
shall be made as far as may be in accordance with section 14A of the Karnataka
Town and country Planning Act 1961.
Q: If what is built is
already in accordance with the above referred act, where is the need for
regularisation. One would have thought that regularisation is needed because one
has violated that act.
V Rao: Change of land use refers to usage of the building. If the permitted
usage is residential and if a commercial activity is being carried on in such a
building then there is a violation of the usage. Sakrama proposes to regularise
such usage violation subject to the rules prescribed under 14A of the KTCP Act.
2. In the case of setbacks, are we to compare the actual
with the norms as per the act, or should one compare with the sanctioned plan,
where setbacks more than required might have been shown and where one does not
have the sanctioned plan copy.
V Rao: Setback should be as per the building bylaw applicable. In an
event if there is no sanctioned plan available, your architect or engineer will
help to calculate the setback that is mandatory required to be left. You need to
obtain an as built plan from the architect or engineer in the absence of the
sanctioned plan.
3. We presume that in the case of FAR, violations against the present norms are
to be considered.
V Rao: FAR violation as per the norms prescribed in 1995 RCDP.
*****
Chandrashekar:
Q: Many property owners in erstwhile CMC areas have
already paid development charges to the respective CMCs. Similarly the taxes
too. How is BBMP justified in demanding hefty fee under Sakrama?
V Rao: Payment of development charges is not the same as payment towards
the regularisation fee. When any layout is formed, the planning authority
collects a fee and then approves the layout. While approving the planning
authority will see that sufficient open spaces for parks and amenities are left.
In most layouts such open spaces have not been left and hence under the Sakrama
scheme, the government has made provisions for the local bodies including BBMP
to spend 50 percent of the regularisation fee collected to create open spaces
and the balance 50 percent to
be spent on providing infrastructure.
Q: Your book says if
property is not registered under Sakrama, action will be taken under KMC ACT.
How are the people to know what this Act means, BBMP must clearly state what
action it would take.
V Rao: The details are regarding action that will be taken are clearly
mentioned in the handbook. You can also refer to this in our website
www.bmponline.org
Q: Your random check as a common man with your own
officials will reveal how ignorant they are of the scheme.
V Rao: It was as a policy that BBMP did not want its employees to assist in
filling up the application form. We have repeatedly informed citizens to
approach their architects or engineers to help them to understand the extent of
violations and the fee payable. We have prepared handouts, issued media
publicity, informed resident associations to call the respective Zonal Joint
Commissioners for an interactive session at their association office or at a
convenient place. BBMP can do all these to reach out to the citizens, it is up
to them to avail of the opportunity.
****
Ravishankar [ravi_hrs@rediffmail.com]
Q: I have a vacant
site at Harohalli village, Magadi Road which is a Grama Thana site measuring
about 1200 sft (110 Sqmtrs). I have the relevant khata obtained from Village
panchayat and been paying taxes regularly. Harohalli village comes now under
BMP. Does my site come under the provision of Sakrama since it is a gramathana
site and vacant? What charges do I have to pay for conversion?
V Rao: You need to apply for regularisation of your site by filling up the
yellow colour form. The details of the fees
are mentioned in the handbook. The handbook contains worked examples, which you
can refer while filling up the
application.
-------------------------
Praveen Alampalli
Q: We have bought a site at Dr Shivaram
Karanth Nagar in Bangalore North formed by Ministry of Communications Employees
Cooperative Housing Society (MCECHS) comprising of few survey numbers, coming
under Srirampura, Rachenahalli and Jakkur villages. It is learnt that, to form
the layout the above said society had obtained NOC from BDA and later on
registered the sites to its members. The society has already provided tarred
roads, drainage system and electricity. Since the area was in the limits of
Byatarayanapura CMC, the society had collected the development charges from the
individual site owners and paid to the CMC. Also CMC has issued Khatha extract
and certificate to all of us. In addition, the society collected Rs5000/ in 2004
from every member towards providing Cauvery Water to the layout.
After the above mentioned CMC has been taken over by BBMP, we have obtained
Khata extract and certificate from BBMP, Byatarayanapura also.
Kindly clarify:- Whether it is required once again to
regularise the site under Sakrama by the individual site owners? why? In the
present scenario, it has become very tough for the government employees to meet
both ends, it is almost impossible for most of us to pay this kind of charges
levied now and then within a very short notice and also in one shot. The BBMP
may perhaps relieve the site owners who took sites from these kinds of
government employee Housing Societies from paying regularisation charges. The
layout is being developed with most of the amenities, we once again request your
good offices not to burden us with these kind of charges if any.
V Rao: Having an NOC from BDA is not the same as an approved BDA layout.
Therefore the members of your society have to apply independently to regularise
their plot and building if built against sanctioned plan of the then CMC. The
rules do not provide for installment.
BBMP has taken the initiative to request the Banks to provide loans for applying
under Sakrama. It is suggested that your members can approach the bank
immediately so that they will be able to meet the deadline of 14th December
2007. Banks will necessarily take time to process their application..
Q: What does unauthorised mean in terms of above vacant
sites?
V Rao: Unauthorised sites are those sites formed in an unauthorised
layout that have not been approved for formation by jurisdictional planning
authority.
Q: Will a BBMP khata be issued along with
regularisation?
OR
Q: Will there be an additional betterment charges
to be paid apart from the regularisation fee, in order to obtain the BBMP khata?
V Rao: The issue of Khata is independent of Sakrama. You need to approach
the local government for Khata. It can be said that when your propriety has been
regularised, you will be entitled to receive your khata.
Q: Is there an upper time limit assured by BBMP,
within which the result of an application is communicated?
V Rao: The law does not prescribe any upper time limit for the order to
be passed, as before passing the order, the screening committee would be
required to examine the application from various angles before recommending
regularisation. Such verification is bound to take time. But from BBMP, the
Commissioner has instructed to speed up the process.
Q: Is there an upper time limit within which the fee is refunded when an
application is rejected?
V Rao: If the application for regularisation is not considered, then the
fees will be refunded within 60 days from the date of the order.
Suggestion: It would be more relevant and appropriate to collect the
scrutiny fee at the time of receiving the application and collect the
regularisation charges after scrutiny, if an application is cleared by the
scrutiny committee. This will give time to people to arrange for funds while the
application can be submitted within the due date of 14 December. This will avoid
unnecessary trouble (for the public as well as BBMP) in the event of refund of
the regularisation fee for an application that is rejected.
V Rao: The government had perhaps examined this suggestion as there were
several rounds of discussions before finalising the Act & Rule. If the fee is
kept at the last stage as suggested by you, then there will be too many people
applying for Sakrama even though they may not be eligible to apply. Processing
unwanted application will cause further delay. Hence, I presume the government
took a well considered decision while insisting an applicant to pay the
regularisation and all other fees at the time of applying itself.
--------------------
Ashok Thampy [thampy@IIMB.ERNET.IN]
Q: I have purchased a property in Kasavanahalli
village, Doddakannalli (PO), Varthur Hobli, converted by Deputy Commissioner and
have a sanctioned plan approved by the Doddakannalli village panchayat.
Unfortunately, the matter is in High Court regarding formation of High Tech City
due to the BDA notification. The High Court has granted a stay order. No final
decision has been taken.
V Rao: Yes, you can apply for regularisation, but the order will be
subject to the decision of the high court.
----------------------
Ragunath Srinivasan
Q: I am the owner of an apartment, which has been
constructed as per the sanctioned plan in an apartment complex in Basavanagudi.
However, this apartment complex has one entire floor & a part of the car parking
basement, which has unauthorised apartments. These were constructed without the
permission of the owners of other apartments, who have purchased authorised
portions.
1) I would like to know whether BBMP can regularise the unauthorised apartments
without seeking written permission from the owners of authorised apartments.
2) If the existing owners do not want these to be regularised what is the
procedure that has to be followed.
V Rao: These questions have been answered in our website
www.bmponline.org An apartment coming up in an area earmarked for parking cannot
be regularised at all. The upper floors can be regularised provided the floor
area ratio does not exceed the permissible limits. Only the association is
authorised to apply for regularisation and not individual apartment owners. If
the association does not apply for regularisation, then the supply of water and
electricity is liable to be disconnected after issue of notice. Please read the
full FAQ in our website in this regard.
---------------------
P V Prakash
Q: I feel that the BBMP is over spending to spread awareness on Sakrama.
Why dont the BBMP take an initiative to send its batch/es to layouts after
publishing such programmes well in advance through press, and help residents in
the process? This will not only help residents, but also bring BBMP more
revenue.
V Rao: It is BBMP's duty to disseminate information to the general public
of a public policy. Your suggestion to visit each and every layout may neither
be desirable nor feasible.
---------------------
C G Shashidharan
Q: Presently, I am
residing in an apartment situated at Basaveshwaranagar. Altogether, there are
nine flats in the apartment complex, comprising of three floors and three flats
in each floor. There is no cellar to the apartment complex. As per the
sanctioned plan, the building should have constructed, facing North, whereas the
building actually constructed is facing South, although there is no
change/deviation in any respect. I would like to know whether our building needs
'regularisation', in the sense, there is a change of direction of the building
construction,
as against the sanctioned plan.
V Rao: In this case the only violation appears to be that of the
direction of construction. In this case, it is suggested that the apartment
association should in the first place pass a resolution to apply for
regularisation. The Association, then must file the regularisation form
enclosing an architect certified as-built plan, structural stability certificate
and other documents that are detailed in our website
www.bmponline.org
seeking for regularisation of the building. Since
there is no FAR or setback violation, it may not be a case for payment of any
regularisation fee. However, the prescribed scrutiny fee has to be paid.
-----------------------
Srikumar Krishna
Q:1. I have constructed a house in a layout at Bilekahalli, Bangalore
South taluk on a plot of size 30x50 ft. This layout viz "Ramanasri Enclave" was
approved by Bilekahalli Grama Panchayat on 22nd March 1993.
V Rao: Gram Panchyat do not have any statutory powers to approve layout.
Hence, this layout is an unauthorised layout.
2. I have paid betterment charges to the erstwhile Bommanahalli CMC and obtained
Khatha certificate in my name. I have got house plan sanctioned from
Bommanahalli CMC on 23 March 2004 and constructed the house.
Please clarify whether regularisation of plot as per part 1 is still necessary
for this accommodation.
If yes, please clarify
whether the betterment charges of Rs 15,000 paid to Bommanahalli CMC can be
deducted from this amount.
V Rao: Payment of betterment fees is independent of whether you have paid
the betterment fee to the erstwhile CMC or not. regularisation fee is to
regularise the violations contemplated under the provisions of Section 76 FF of
the KPTC Act, while the betterment fee paid is a local fee paid to the local
government. You cannot deduct the betterment charges paid to the CMC from the
regularisation fees payable.
3. The list of architects mentioned in the website do not
contain their contact telephone numbers. If this is given it will be more
helpful so that we can ascertain their availability before approaching them.
V Rao: I am afraid we do not have their telephone numbers in our records.
Yellow pages may have their numbers.
----------------
Sreepad Gopalarao
Q: I bought a house last year in R Narayanapura from a builder, who
had the following approvals- land conversion order to residential; building
approval plan from CMC. Since this area was not under BBMP zone last year, I was
told that CMC was the approval authority for this area at that time.
1: Since there is no violation in building plan that was approved by CMC, what
needs to be regularised under the Sakrama scheme?
V Rao: The erstwhile CMC had the powers to sanction plans up to ground
plus three floors. In your case the land has been converted for residential use.
Hence, if your building is within the sanctioned plan and built as per the
sanctioned plan, there is no need to apply for regularisation.
2: In Part 1 of the application, regularisation fees for site area above 120 sq
mtr is Rs 600 for Bangalore Urban and
Rural districts, Rs 250 for other Corporation areas and Rs 150 for other areas.
To which category does this location R Narayanapura belongs to?
V Rao: Rs 600/sq mtr
------------------------
Krishnamurthy, Papareddipalya
Q: I own a house as per the plan sanctioned by a village panchayat. I
have paid the development charges. Now it is part of BBMP. Do I need to
regularise my house under Sakrama?
V Rao: Yes. Village Panchayat is not authorised to give building plans.
Paying betterment charges and regularisation are different. You pay betterment
charges to the local body, whereas regularisation fee goes to the government.
You have to get your site as well as the house regularised.
----------------------------
Raghavendra, Yeshwanthpura
Q:I have a ground plus three floor residential building constructed as
per the sanctioned plan. I want to know what is the allowed total setback?
V Rao: You need not apply for regularisation if the building is as per
the approved plan. However, the allowed setback depends on the zone where your
property is and the width of the road facing the property. Contact a nearby
structural engineer to get the details.
-----------------------------
Narayan, Rajajinagar
Q: BDA had notified my property for acquisition in 1984. I filed a suit
opposing the acquisition. The Supreme Court has directed me to file a writ
petition. Right now the case is pending in the Karnataka High Court. Can I apply
for regularisation of my property?
V Rao: You can apply for regularisation along with a copy of your writ
petition. If you wait till the court’s order is announced you may miss the
chance to regularise. However, we will reserve our decision on regularisation
till the Court gives its judgement.]
---------------------
Devaprasad K Nadgir
Q: There are rumours that the
regularisation fees may change. Is it true? If so, by when will the new charges
be announced. Will the last submission date be postponed?
V Rao: We do not have any news regarding the change in the regularisation
fee.
My advise to you is not to listen to any rumors, but act now when you have an
opportunity to regularise the violations, if they are within the permissible
limits.
----------------------
C G Shashidharan
Q: Presently, I am
residing in an apartment situated at Basaveshwaranagar. Altogether, there are
nine flats in the apartment complex, comprising of three floors and three flats
in each floor. There is no cellar to the apartment complex. As per the
sanctioned plan, the building should have constructed, facing North, whereas the
building actually constructed is facing South, although there is no
change/deviation in any respect. I would like to know whether our building needs
'regularisation', in the sense, there is a change of direction of the building
construction,
as against the sanctioned plan.
V Rao: In this case the only violation appears to be that of the
direction of construction. In this case, it is suggested that the apartment
association should in the first place pass a resolution to apply for
regularisation. The Association, then must file the regularisation form
enclosing an architect certified as-built plan, structural stability certificate
and
other documents that are detailed in our website www.bmponline.org seeking for
regularisation of the building. Since there is no FAR or setback violation, it
may not be a case for payment of any regularisation fee. However, the prescribed
scrutiny fee has to be paid.
------------------
Srikumar Krishna
[ranjanisrikumar@gmail.com]
Q: 1. I have constructed a house in a layout at Bilekahalli, Bangalore
South taluk on a plot of size 30x50 ft. This layout
viz "Ramanasri Enclave" was approved by Bilekahalli Grama Panchayat on 22nd
march 1993.V Rao: Gram Panchyat do not have any statutory powers to approve
layout. Hence, this layout is an unauthorised
layout.
2. I have paid betterment charges to the erstwhile Bommanahalli CMC and obtained
Khatha certificate in my name. I
have got house plan sanctioned from Bommanahalli CMC on 23 March 2004 and
constructed the house. Please
clarify whether regularisation of plot as per part 1 is still necessary for this
accommodation. If yes, please clarify
whether the betterment charges of Rs 15,000 paid to Bommanahalli CMC can be
deducted from this amount.
V Rao: Payment of betterment fees is independent of whether you have paid
the betterment fee to the erstwhile
CMC or not. regularisation fee is to regularise the violations contemplated
under the provisions of Section 76 FF of
the KPTC Act, while the betterment fee paid is a local fee paid to the local
government. You cannot deduct the
betterment charges paid to the CMC from the regularisation fees payable.
3. The list of architects mentioned in the website do not contain their contact
telephone numbers. If this is given it
will be more helpful so that we can ascertain their availability before
approaching them.
V Rao: I am afraid we do not have their telephone numbers in our records.
Yellow pages may have their numbers.
I bought a house last year in R Narayanapura from a builder, who had the
following approvals- land conversion order
to residential; building approval plan from CMC. Since this area was not under
BBMP zone last year, I was told that
CMC was the approval authority for this area at that time.
1: Since there is no violation in building plan that was approved by CMC, what
needs to be regularised under the
Sakrama scheme?
-Sreepad Gopalarao
sreepad.gopalarao@yahoo.com]
V Rao: The erstwhile CMC had the powers to sanction plans up to ground
plus three floors. In your case the land
has been converted for residential use. Hence, if your building is within the
sanctioned plan and built as per the
sanctioned plan, there is no need to apply for regularisation.
2: In Part 1 of the application, regularisation fees for site area above 120 sq
mtr is Rs 600 for Bangalore Urban and
Rural districts, Rs 250 for other Corporation areas and Rs 150 for other areas.
To which category does this location
R Narayanapura belongs to?
V Rao: Rs 600/sq mtr
There are rumours that the regularisation fees may change. Is it true? If so, by
when will the new charges be
announced. Will the last submission date be postponed?
-Devaprasad K Nadgir
[ndevapra@in.ibm.com]
V Rao: We do not have any news regarding the change in the regularisation fee.
My advise to you is not to listen to any rumors, but act now when you have an
opportunity to regularise the
violations, if they are within the permissible limits.
Krishnamurthy, Papareddipalya
Question: I own a house as per the plan sanctioned by a village panchayat. I
have paid the development charges.
Now it is part of BBMP. Do I need to regularise my house under Sakrama?
V Rao: Yes. Village Panchayat is not authorised to give building plans. Paying
betterment charges and
regularisation are different. You pay betterment charges to the local body,
whereas regularisation fee goes to the
government. You have to get your site as well as the house regularised.
Raghavendra, Yeshwanthpura
Q: I have a ground plus three floor residential building constructed as per the
sanctioned plan. I want to know what is the allowed total setback?
V Rao: You need not apply for regularisation if the building is as per
the approved plan. However, the allowed setback depends on the zone where your
property is and the width of the road facing the property. Contact a nearby
structural engineer to get the details.
Narayan, Rajajinagar
BDA had notified my property for acquisition in 1984. I filed a suit opposing
the acquisition. The Supreme Court has
directed me to file a writ petition. Right now the case is pending in the
Karnataka High Court. Can I apply for regularisation of my property?
V Rao: You can apply for regularisation along with a copy of your writ
petition. If you wait till the court’s order is announced you may miss the
chance to regularise. However, we will reserve our decision on regularisation
till the Court gives its judgement.
---------------------
Ranganath, Shankarapura
Q:I own a property registered in Sulikere gram panchayat. Now it is part
of BBMP. I don’t know where to get the application form from for regularisation
and get my doubts clarified.
V Rao: You can contact joint commissioner of Rajarajeshwari Nagar zone.
Moreover applications for Sakrama are available in all post offices and
BangaloreOne centres.
Manjunath, Mysore Road
Q: There are many issues which are difficult to understand in Sakrama
scheme. Even the text in the booklet is not easy to follow. Will you extend the
period to submit applications?
V Rao: The booklet is user-friendly and can be understood by a common
man. If you have any queries you can
contact help desks at zonal offices. We cannot extend the deadline as the law is
not permitting it. It is a policy
decision of the government.
Ravishankar, Jayanagar
Q: I have 30x40 ft site in Horamavu. The property
was DC converted in 1987. Do I need to pay conversion cha rges once again while
regularising it?
V Rao: If you have got your property converted, you need not pay
conversion charges once again.
Col Jacob, Mahadevapura
Q: I own on a
house built in a layout which is not approved by BDA. I am ready to get my site
regularised. Whereas my neighbours are not. What I should do?
V Rao: You need not wait for others to join you. You can file an
application individually and get your property regularised. Moreover, we can’t
force an unwilling horse to drink water.
---------------
Nilesh, Chikpet
Q:I live in an apartment complex with
deviations. How do I regularise the deviations?
V Rao: Residents of the apartment have to approach for regularisation
through association. You need to form an association and register it under the
Societies Act.
Anupama, HRBR layout
Q: I have built a garage in a corner of my
site. Should I get my garage regularised?
V Rao: If you have built it against the approved plan you have to
regularise it. If you have doubts you can consult an engineer, who can tell you
whether the building adheres to the approved plan.
Dinesh Kumar, Yelahanka
Q: I own a site in Jayanagar. There is a margin
land attached to my property. Can I acquire (encroach) this unclaimed land and
get it regularised?
V Rao: The marginal land belongs to the government. Unless the marginal
land is registered to you, you can not claim it as yours. There is no question
of regularising such acquisition.
Manorama, Bannerghatta Road
Q: We run a charitable trust and a school for
children from lower income group. The school building is to be regularised and
as per the calculations the regularisation fee may go up to Rs 50 lakh. We are
not into any commercial venture. Is there any exemption for charitable trusts
from paying the regularisation fee?
V Rao: According to the government’s policy there is no exemption given
to anybody from paying regularisation fee in case of violations. However, banks
have come forward to give loans and help people in this regard. You can approach
such banks.
Ashok Kumar, 4th T Blo ck Jayanagar
Q: I had built a shed to park my car. Now I have rented it out for a
clinic. Is it considered commercial and should I apply
for regularisation?
V Rao: Running a clinic is a commercial venture. You have to apply for
regularisation of changed land use.
----------------
Rajesh, Banaswadi
Q; I have applied for regularisation of my property. I want to take
up construction there. How much time will you take to
regularise it?
V Rao: The last date to submit applications is December 14. After that
applications will be taken up for scrutiny. I can’t tell you the exact date when
the regularisation will be over. But we have taken measures to complete the
process as early as possible.
---------------
B R Garudachar, G Jagadish
Q: 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?
V Rao: 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
Q: 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?
V Rao: 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
Q: 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?
V Rao: 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
Q; 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?
V Rao: 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.
Q: 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?
v Rao: 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
Q: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?
V Rao: 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
Q: Whether the portico (no foundation is built) of
a house is considered for set back area?
V Rao: No. Portico is not considered for setback calculations.
-------------------------
G Ramaprasad
Q: 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.
V Rao: 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
Q: 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.
V Rao: 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
Q: 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?
V Rao: 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.
---------------------
Kalyan Kumar
Q: I have the following questions with regard to DC
converted sites and non-converted sites falling in the erstwhile CMC areas (with
tax assessment form 3) and village panchayats (with panchayat khata), which are
now part of BBMP, but do not have a BBMP khata yet.
V Rao: For Khata you need to apply separately to the local body. This is
independent of Sakrama.
1. What does unauthorised mean in terms of above vacant sites?
V Rao: Unauthorised sites are those sites formed in an unauthorised layout that
have not been approved for formation by jurisdictional planning authority.
2. Will a BBMP khata be issued along with regularisation?
OR
3. Will there be an additional betterment charges to be paid apart from the
regularisation fee, in order to obtain the BBMP kahta?
V Rao: The issue of Khata is independent of Sakrama. You need to approach
the local government for Khata. It can be said that when your propriety has been
regularised, you will be entitled to receive your khata.
4. Is there an upper time limit assured by BBMP, within which the result of an
application is communicated?
V Rao: The law does not prescribe any upper time limit for the order to
be passed, as before passing the order, the screening committee would be
required to examine the application from various angles before recommending
regularisation. Such verification is bound to take time. But from BBMP, the
Commissioner has instructed to speed up the process.
5. Is there an upper time limit within which the fee is refunded when an
application is rejected?
V Rao: If the application for regularisation is not considered, then the fees
will be refunded within 60 days from the date of the order.
Suggestion: It would be more relevant and appropriate to collect the scrutiny
fee at the time of receiving the
application and collect the regularisation charges after scrutiny, if an
application is cleared by the scrutiny
committee. This will give time to people to arrange for funds while the
application can be submitted within the due
date of 14 December. This will avoid unnecessary trouble (for the public as well
as BBMP) in the event of refund of
the regularisation fee for an application that is rejected.
V Rao: The government had perhaps examined this suggestion as there were several
rounds of discussions before
finalising the Act & Rule. If the fee is kept at the last stage as suggested by
you, then there will be too many people
applying for Sakrama even though they may not be eligible to apply. Processing
unwanted application will cause
further delay. Hence, I presume the government took a well considered decision
while insisting an applicant to pay
the regularisation and all other fees at the time of applying itself.
I have purchased a property in Kasavanahalli village, Doddakannalli (PO),
Varthur Hobli, converted by Deputy
Commissioner and have a sanctioned plan approved by the Doddakannalli village
panchayat. Unfortunately, the
matter is in High Court regarding formation of High Tech City due to the BDA
notification. The High Court has
granted a stay order. No final decision has been taken.
1. I have constructed a house in a layout at Bilekahalli, Bangalore South taluk
on a plot of size 30x50 ft. This layout
viz "Ramanasri Enclave" was approved by Bilekahalli Grama Panchayat on 22nd
march 1993.
-Srikumar Krishna
[ranjanisrikumar@gmail.com]
V Rao: Gram Panchyat do not have any statutory powers to approve layout. Hence,
this layout is an unauthorised
layout.
2. I have paid betterment charges to the erstwhile Bommanahalli CMC and obtained
Khatha certificate in my name. I
have got house plan sanctioned from Bommanahalli CMC on 23 March 2004 and
constructed the house. Please
clarify whether regularisation of plot as per part 1 is still necessary for this
accommodation. If yes, please clarify
whether the betterment charges of Rs 15,000 paid to Bommanahalli CMC can be
deducted from this amount.
V Rao: Payment of betterment fees is independent of whether you have paid the
betterment fee to the erstwhile
CMC or not. regularisation fee is to regularise the violations contemplated
under the provisions of Section 76 FF of
the KPTC Act, while the betterment fee paid is a local fee paid to the local
government. You cannot deduct the
betterment charges paid to the CMC from the regularisation fees payable.
3. The list of architects mentioned in the website do not contain their contact
telephone numbers. If this is given it
will be more helpful so that we can ascertain their availability before
approaching them.
V Rao: I am afraid we do not have their telephone numbers in our records. Yellow
pages may have their numbers.
I bought a house last year in R Narayanapura from a builder, who had the
following approvals- land conversion order
to residential; building approval plan from CMC. Since this area was not under
BBMP zone last year, I was told that
CMC was the approval authority for this area at that time.
1: Since there is no violation in building plan that was approved by CMC, what
needs to be regularised under the
Sakrama scheme?
-Sreepad Gopalarao
sreepad.gopalarao@yahoo.com]
V Rao: The erstwhile CMC had the powers to sanction plans up to ground plus
three floors. In your case the land
has been converted for residential use. Hence, if your building is within the
sanctioned plan and built as per the
sanctioned plan, there is no need to apply for regularisation.
2: In Part 1 of the application, regularisation fees for site area above 120 sq
mtr is Rs 600 for Bangalore Urban and
Rural districts, Rs 250 for other Corporation areas and Rs 150 for other areas.
To which category does this location
R Narayanapura belongs to?
V Rao: Rs 600/sq mtr
There are rumours that the regularisation fees may change. Is it true? If so, by
when will the new charges be
announced. Will the last submission date be postponed?
-Devaprasad K Nadgir
[ndevapra@in.ibm.com]
V Rao: We do not have any news regarding the change in the regularisation fee.
My advise to you is not to listen to any rumors, but act now when you have an
opportunity to regularise the
violations, if they are within the permissible limits.
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.
V Rao: 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.
Q: 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.
V Rao: 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:
Q: 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.
V Rao: 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
v Rao: 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:
Q;
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?
V Rao: 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:
Q: 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?
V Rao: 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?
V Rao: 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.