PIL in Karnataka HC against amendments that pave way for Akrama Sakrama

The govt brought in the amendments even though a special leave petition on the Akrama-Sakram scheme is pending in the SC, the petitioners stated

A PIL petition has been filed in the high court against amendments to two laws that paved the way for the Akrama Sakrama scheme. The high court on Thursday ordered issuing a notice to the state government.

The petition, filed by Vijayan Menon and four others, contends that despite a court stay on the scheme, the government is introducing it through another channel. The Akrama Sakrama Scheme of 2014, which regularises and legalises unauthorised and illegal construction by amending several state laws, has been stayed by the Supreme Court.

The petitioners have challenged the Bangalore Development Authority (Amendment) Act, 2020, the Karnataka Town and Country Planning (Fourth Amendment) Act, 2020, and the notification of draft rules amending the Karnataka Planning Authority Rules, 1965. The amendments are "unconstitutional as they are colourable legislation", the petitioners argued.

The government brought in the amendments even though a special leave petition on the Akrama-Sakram scheme is pending in the Supreme Court, the petitioners stated. The amendment to the BDA Act intends to legalise and regularise illegal occupation and construction on lands owned by the agency. The town planning act amendment seeks to allow increased floor area ratio for buildings if the owner just pays premium charges to the government, the petitioners said.

They also argued that the BDA Amendment Act, the KTCP Amendment Act and the KTCP Amended Rules notification were prima facie violative of Articles 14, 21 and 243ZE of the Constitution. If these amendments are implemented, the legal challenge to the Akrama Sakrama scheme pending in the Supreme Court would become pointless, they stated.