• Akrama sakrama

Dear Sir,

1. We have an apartment which has an OC obtained from BBMP..

2. Fire Department survey has observed height variation of 1 meter higher than permissible. Against 15 meter height our building is now found to be 16 meter height.

3. This violation observed by the Fire Department now categorizes our building as a high rise and warrants requirement of NOC from Fire Department which was hitherto ignored by our builder.

4. In lieu of this situation can we get the regularization done under the Akrama Sakrama Scheme by enforcing this responsibility on the builder.

5. Additionally there are some terraces which the builder had sold for private and exclusive use without the rights to construct anything there on. However some owners have ignored this clause and gone ahead and constructed additionally on the terrace. This increases the height of the building further which has also been observed and remarked by the Fire Officer. Can individuals now get this unauthorized structure regularized. Can he bye pass the builder or the association and get the unauthorized portion regularized.

6. In this situation the regularization will help the individual to add additional area and value to his apartment. This would impact the Undivided Share of the Land which has already been allocated based on OC obtained. It will also affect the distribution of maintenance charges which is based on the UDS. How can the Association penalize the individual for this act.

7. Will all these points be taken care under the Akrama Sakrama scheme.

Please provide us with your expert legal views based on prevailing laws.

Best regards,

Asked 3 years ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) The ambitious Akrama-Sakrama scheme is slated to open on March 23, giving a one-year window to property owners to apply for regularization.

2) under the scheme, the onus of regularization is not on the builder who violated the rules.No regulating authority issues commencement and completion/occupancy certificates for illegal constructions. However, the scheme seems to be invariably penalizing buyers/owners but it is good for them to pay the levy and legalise their dream homes,"

3) The competent authority will set up adequate number of receiving centres at various locations within its jurisdiction to receive application pertaining to the scheme. The authority can also make necessary arrangements for filing online application for regularization by self declaration,

4)obtain NOC  from fire department for height variation as your building is categorised as high rise . 

5) you cannot make builder responsible under akrama sakrama scheme as onus is on flat owners to pay penalty . 

6) if you want builder to pay move consumer forum against builder and seek compensation 

7) the constitutional validity of the amendments made to the Karnataka Town and Country Planning Act to allow regularisation of certain kinds of unauthorised buildings and constructions across the State is subject matter of writ in Karnataka HC 

8) it was contended before court that repeated regularisation of illegal constructions makes town planning laws meaningless.

9) as per newspaper reports case has been posted for 18th march 2015 to enable gOvt to file its reply 

10) as far  as regularisation of sale of terrace is concerned it forms part of common areas and cannot be sold by builder . hence any construction carried on terrace is illegal and liable to be demolished . 

11) wait for court verdict on legality of scheme
Ajay Sethi
Advocate, Mumbai
46671 Answers
2761 Consultations

5.0 on 5.0

A. Akrama and Sakrama scheme has been challenged before the High Court of Karnataka and as per this scheme,  Akrama Sakrama is a scope for regularization up to 50% in residential segment.

B. If the Apartment Association formed, the association can move a consumer forum to give direction to provide the NOC from the fire department by paying penalty which will be imposed by the Fire Department.

C. You need to cross verify the building approved plan and super built up area as per the plan, subsequently, additional constructed area either liable to demolish from the BBMP authority or can be allowed by imposing penalty under the Akrama Sakrama.

D. Six per cent of the guidance value of the irregular portion of a residential building will be charged as penalty if the violation is 25 per cent and less, and 8 per cent of the irregular portion if the violation exceeds 25 per cent but does not exceed 50 per cent. Twenty per cent of the market value would be charged for violations of up to 12.5 per cent in commercial buildings and 35 per cent if the violation is more.
B.T. Ravi
Advocate, Bangalore
835 Answers
58 Consultations

5.0 on 5.0

Under the scheme, violations pertaining to setback, floor area ratio, non-conversion of agricultural land and formation of unauthorised layouts and sites under ULBs will be regularised. Violations and Deviations up to 50 per cent in the residential properties and 25 per cent in commercial properties will be regularized.Setback violations will be calculated on all four sides of a building separately.  If violation is more than 50 per cent of the stipulated setback on any one side, then the building will become ineligible for regularisation.  It is proposed that up to 25 per cent violation in residential buildings will attract a fee of six per cent (6%)of the total guidance value of the property (either land or built-up area) and eight per cent (8%) between 25 and 50 per cent. 
Under the Akrama Sakrama scheme, violations pertaining to setback, floor area ratio (FAR), non-conversion of agricultural land, and formation of unauthorized layouts and sites under urban local bodies, including the Bruhat Bangalore Mahanagara Palike (BBMP), are eligible for regularization.

As per the existing provisions under the scheme regularization is .possible The scheme seeks to regularise up to 50 per cent violation of setback norms and permissible FAR in residential buildings and up to 25 per cent in non-residential buildings. Any violation above this would attract demolition.

It was reported that " lakhs of properties could be regularised under the scheme in the eight municipal corporations governed under the Karnataka Municipal Corporations (KMC) Act, 1976, 44 city municipal councils, 94 town municipal councils, 68 town panchayats and six notified area committees governed by the Karnataka Municipalities Act, 1964".(The HIndu)
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
139 Consultations

5.0 on 5.0

1. It is the duty of the builder to construct the building as per the sanctioned plan,

2. He is solely responsible for any deviation and the consequence on such violation,

3. No construction can be made on the terrace or anywhere in the building without sanction of the construction plan,

4. There is no question of getting those illegal constructions on the terraces. Those are to be demolished,

5. The association shold send them letters asking for the said demolition,

6. If they refuse, the Society should report the matter to police, municipal autrhority asking for the said demolistion,

7. If there is no action from the municipal authority, the society can file a W.P. before the High court against the inaction of the Municipal Authority.
Krishna Kishore Ganguly
Advocate, Kolkata
18741 Answers
452 Consultations

5.0 on 5.0

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