Illegal structures may face demolition if not regularised

Revised draft rules provide for an appeal by aggrieved persons

Illegal structures may face demolition if not regularised

The State government will make regularisation of illegally-constructed and unauthorised structures in urban areas mandatory under the proposed regularisation scheme. Those who fail to regularise the illegal structures by paying the stipulated penalty will have to face action, which includes demolition.

As per the revised draft rules framed under the Karnataka Town and Country Planning (Regulation of unauthorised Development or Construction), Rules, 2013, action can be taken under Section 76FF of the Karnataka Town and Country Planning Act, 1961. This section empowers urban local bodies among others to demolish such structures.

The government has introduced the mandatory clause in the revised rules notified recently.The government is of the view that the new clause will help in convincing the Karnataka High Court which has ordered status quo on the regularisation plan and obtain its permission to implement it, official sources said.

The government would try to convince the court that scheme will be an one-time opportunity for citizens for regularising the unauthorised constructions. The court had taken strong exception to the scheme, describing it “bad in law,” sources added.

Under the rules, violations of setback margins, floor area ratio (FAR), buildings constructed on non-converted agricultural lands and unauthorised layouts and sites in the limits of urban local bodies including Bruhat Bangalore Mahanagara Palike (BBMP), will be regularised. October 19, 2013 is the cutoff date for regularisation.

The draft rules lists three categories of unauthorised constructions which attract action. They are: Unauthorised development for which no application for regularisation is received within the prescribed time limit (including unauthorised developments for which occupation certificate/door numbers are issued); unauthorised developments which are not eligible to be regularised under the scheme and unauthorised developments for which regularisation fees has not been paid within the stipulated time limit.

Besides, the draft rules also provide an opportunity for the aggrieved persons to file an appeal before the appellate authority against the orders of the competent authority which is empowered to approve or reject the applications for regularisation.

The provision to file an appeal was not available in the earlier rules. The competent authority will be the commissioner in case of both urban local body and urban development authority. Public may file objections to the draft rules, if any, before January 31, the deadline set by the government. 

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