AKRAMA - SAKRAMA - GOVT SEEKS CLARIFICATION FROM HIGH COURT

The State Government on Monday sought a clarification from the Karnataka High Court whether or not the pendency of a batch of petitions questioning various provisions of the Akrama-Sakrama scheme would come in the way of the Governor granting assent to the Bill to amend the relevant laws for implementing the scheme.

Moving an application before a Division Bench comprising Chief Justice J.S. Khehar and Justice A.S. Bopanna in this regard, Advocate-General Ashok Haranahalli submitted that both the Houses have approved the amendments to the Karnataka Town and Country Planning Act for regularisation of certain unauthorised properties and buildings in the State under the scheme.

Mr. Haranahalli pointed out to the Court that the Governor has not granted assent to the Bill as the issue is sub judice.

The court said that it has to hear the petitioners in this regard and adjourned further hearing on the plea to June 20.

Courtesy: The Hindu

CAN WE HAVE A FORUM OF AFFECTED CITIZENS ?

Dear Friends,

1. The PIL W.P.14437/2007 is coming up for final hearing.

2. The time has come to act on the issue before final decision is taken /order is pronounced. So, affected citizens [ common man] should come together and form a forum to protect their interest by presenting their grievances, if any, before the honourable Court of Law.

3. Can we have a forum for the same ?

Are Advocates & Engineers prepared to advice affected citizens ?

Hi,

I discussed with some of my lawyer and engineer friends about the applications and subsequent enquiry process of Akrama Sakrama scheme. But, I did not get satisfactory response. The affected citizens are going to approach these professionals seeking advice at the time of hearing of applications filed seeking regularisation. If the professionals are not well equipped to handle with sufficient training, it would result in chaos as real estate brokers will come into the picture or petty politicians will exploit the situation by assuring to get favourable orders.

Therefore, the professionals have got a duty to get well prepared and give correct advice to avoid future complications as this is going to be one time opportunity.

So, the Advocates and Engineers should have a formal workshop on this thing to give correct legal and technical advice as both the professionals should work hand in hand to protect the interest of the common man.

GUJARAT SHOWS THE WAY

Hi,

1. Just come in news is that a bill seeking regularisation of unauthorised construction in Gujarat after charging fees was passed in the state assembly yesterday.

2. The Gujarat Regularisation of Unauthorised Construction Bill,2011 was passed unanimously as the main opposition Congress also supported it. It shall now be sent for the assent of Governor Kamla.

Are our ruling and opposition parties listening ?

WHAT IS AKRAMA - SAKRAMA ?

What is AKRAMA – SAKRAMA?.

The title of the scheme is “Regularising the is irregular”. In Kannada, the connotation is something akin to legalising the illegal which is perse immoral. This disturbs the reader. It gives an impression that government has come out with a scheme which helps the people [ violaters] to legalise their illegal acts. This title itself has is wrong chosen as it has no direct relation to the real content of the law. This has simply helped in misunderstanding the whole scheme. The impression one gets from this name is that this is a scheme permitting the violator to legalise his illegalities in the matter of construction of buildings leaving an irreversible damage to the urban landscape. So, obviously, rightly public spirited citizens got distraught and opposed the policy of the government in its entirely without even going into the objective and operation of law. There is very little analysis available in public domain about the real implementation of this schemed. I have no hesitation in saying that this is one of the best schemes brought out by the government for one time regularisation like the one time settlement scheme brought out by I.T Department some time back allowing citizens to declare their black money by paying tax thereon.

LEGAL FRAMEWORK:

Though in the popular parlance, the scheme has been called as “Akrama – Sakrama”, in effect, it is nothing but making of Rule namely “The Karnataka Town and Country Planning ( Regulation of unauthorised development or constructions) Rules,2007” in exercise of powers conferred under Section 76 FF read with Section 74 of the Karnataka Town and Country Planning Acts, 1961 ( Karnataka Act 11 of 1963)with an objective to make statutory provision for laying down procedure for regularisation of three types of violations broadly classified as (1) regularisation of plot in an unauthorised subdivided land / layout (2) regularisation of land use violations and (3) regularisation of unlawful buildings.

UNDERSTANDING AKRAMA - SAKRAMA

UNDERSTANDING “AKRAMA – SAKRAMA” SCHEME
This is an attempt to understand the scheme in its proper perspective as this is one of the most controversial and misunderstood schemes as the title itself is misleading (!) and people at the helm of affairs who tried to introduce this have miserably failed to present the true and correct picture to the general public.

Let’s try to understand before we mis-understand.

INTRODUCTION & IMPORTANCE IN THE CURRENT SCENARIO:
‘Akrama – Sakrama’ is back in news again. This much awaited scheme has been mired in political controversy from the very inception. There has been a strong opposition by some citizen action groups while political parties, as usual, have created hue and cry for narrow political reasons.
Since the matter has gone up to the High Court of Karnataka in an action brought under a batch of Public Interest Litigations challenging the legality of it and, and during the pendency of those PIL’s, the Governor too has returned the amended Bill for reconsideration, it has become a hot subject in the political arena.
Besides, the Bangalore Municipal Corporation [ BBMP] and the state government are expecting huge revenue to the tune of approximately Rs.10,000=00 [ Rs.Ten Thousand crores] out of this scheme, if implemented. Hence, it has got far reaching socio – political and economic implications. As per one estimate, more than three lakhs applicants are anxiously waiting to get their regularisations done based on the implementation of this scheme across the State.
However, with the latest remarks of much respected Justice Santhosh Hegde, a crusader against corruption as Lokayuktha of Karnataka, stating that the ‘Akrama Sakrama’ scheme is nothing but “illegal” and also in view of the direction of High Court to the state government to “take a fresh look at it” and posting the next date of hearing with a very short date for the definite stand of the government, the issue has again got heated up and is taking its momentum.
This scheme has widely been perceived as an attempt to “legalise the illegal” and implementation thereof is going to lead to haphazard growth of the urban space which is already choked in traffic congestion and witnessing the hazards of unorganised growth.
The latest development is the direction given by the division bench of the High Court of Karnataka comprising Chief Justice J.S.Khehar and Justice A.S.Bopanna to the state government to have a fresh look at it has also made the authorities to burn the midnight oil as the scheme is reaching a crucial and critical stage before the court of law.
This is a classic example of utter failure of the administration in formulating the policy with clarity, framing the necessary legislation flawlessly and its effective implementation in a systematic manner leading to such a chaotic situation affecting the real stake holders i.e the affected citizens. [Both the applicants as well as general public].

Hence, this effort to understand the scheme from its proper perspective.

Akrama Sakrama - Affected Citizens Association

Dear friends,

This scheme has been viewed with lost of negativism and subjected to criticism. Justice Santhosh Hegde [ Karnataka Lokayuktha] has called it as "illegal". There are citizen groups strongly oppose this as blatantly anti public.

Time has come to educate the people about the real intention behind this scheme and how the same is not opposed to the interest of general public.

Therefore, it would be appropriate, if a forum of the affected citizens is formed to tell the truth about it as the administration has failed to dispel the negativism created by a section of the society about this scheme.

please mail your views to

vivekanandapaniyala@gmail.com

Akrama Sakrama - what is the stand of opposition ?

• The stand of opposition on Akrama - Sakrama is not clear.
• There was a strong opposition by both Congress and JD during re-introduction of the scheme as they feared that citizens of Bangalore might support BJP in the last BBMP elections. Now, the election is over and BJP is ruling the BBMP.
• In fact, this scheme was originally introduced by Congress party when they were ruling. Later on, JD and BJP lead alliance run govt also supported this.
• But, when it came to actual implementation - BJP wanted to take full credit and as such reintroduced the scheme with some modifications. But, again opposition parties made a big hue and cry. Governor also did not give assent to the bill.
• As a result, the scheme is in limbo and the affected citizens are left in the lurch.
• Hence, Let opposition parties come out with a clear stand on this so that some concrete decision is taken by the people at the helm of affairs and lakhs of affected citizens get relief finally.

AKRAMA SAKRAMA HEARING BEFORE HIGH COURT OF KARNTAKA

The High Court of Karnataka has adjourned the hearing to 11-04-2011 on the petition filed against Akrama Sakrama.

A group of citizens has challenged the scheme of Akrama Sakrama on the ground that the scheme would pave way for haphazard growth of the urban area.

I am also closely watching the developments in the High Court. Will update soon with more and better information.

Vivekananda Paniyala

WHAT ABOUT TECHNICAL OPINION ?

Dear friends,

Legal Opinion:

When we buy an immovable property [ housing site, residential apartment or a commercial shop premises], we take "Legal Opinion". This is popularly called as "Due Diligence Report". This is done by Advocates. The scope of such reports is to ascertain the validity of title over the property owned by Vendor. Based on "Legal Opinion", we proceed to finalise the deal. However, have we ever thought of taking "Technical Opinion"?.

Technical Opinion":

What is this "Technical Opinion" ?.

We have heard about "Valuation Report" by Engineers. But, never bothered about taking "Technical Opinion" from Engineers/ Planners on the legality and quality of the structure/building that we buy.

Any building is built based on the license and approved plan issued by local self government like City Corporations or Muncipalities or Panchayathraj institutions. However, majority of the buildings are constructed in utter violation of licence and approved plan. This aspect of the matter can not be effectively dealt with by Advocates as they are experts in law and not Planning or Engineering.

Hence, it is very much necessary that Engineers are also consulted and asked to take up scrutiny of license and approved plan to ascertain whether the building is in accordance with the building regulations, license and approved plan. This opinion is called as "Technical Opinion".

WHAT HAPPENED TO AKRAMA SAKRAMA SCHEME ?

Thousands of applications seeking regularisation of unauthorised construction in private properties in accordance with the Regularisation Rules are pending all over the state of Karnataka. But, there is no update on the progress. The decision of the government is not at all clear. There is no official update on the matter. It appears that the administration is in a state of coma. It is high time that affected citizens join together and start a movement.