Admitting flaws, Karnataka government withdraws 'premium' FAR Bill

Belagavi: In an embarrassment to the ruling Congress, the government on Tuesday withdrew a Bill that was passed earlier this year to allow developers to pay a 'premium' to construct additional floors in buildings over and above what is permissible.

Urban Development Minister B S Suresha (Byrathi) withdrew the Karnataka Town and Country Planning (Amendment) Bill in the Assembly and said that the law contained "mistakes" and "shortcomings".

The Bill was passed in both houses of the legislature in February this year. Subsequently, Governor Thaawarchand Gehlot returned the Bill to the government expressing concerns.

"The Bill was to provide premium FAR in Bengaluru. Later, the government learnt that there were shortcomings. Officials hadn't held consultations with stakeholders," Suresha said.

"There are, prima facie, flaws in this law. Even the Governor had raised a few objections. Also, there's a stay on the Akrama-Sakrama scheme by the Supreme Court. So, after assessing pros and cons, we've decided to withdraw this Bill. If necessary, the Bill will be re-introduced in the future," the minister said.

According to the Bill, developers could to pay at least 40 per cent of the guidance value as premium charges for the additional FAR. The 'premium' FAR was capped at 0.6 times or 60 per cent of the ordinarily permissible FAR.

FAR is the ratio of the total plot area to the total building area and is determined by the size of the plot and width of the road in front of the plot.

Notably, Gehlot was worried that existing illegal buildings would be given additional FAR, possibly reviving the Akrama-Sakrama scheme of regularising unauthorised constructions, which is pending before the Supreme Court.

Senior BJP MLA Araga Jnanendra asked whether it was possible to take back a bill that had already been passed by both houses. Responding to him, Speaker U T Khader explained that the Bill was being withdrawn as the Governor had not given his assent.

During the budget session of the legislature in February this year when the Bill was passed, the opposition BJP had accused the Congress government of helping builders in Bengaluru.

However, Deputy Chief Minister D K Shivakumar, who holds the Bengaluru City Development portfolio, had defended the Bill. The BBMP hoped to earn a revenue of Rs 500 crore through premium FAR.