Planning Bill passed

Smitha Rao / TNN / Oct 7, 2006, 23:29 IST

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For the approximately 10 lakh properties in Bangalore city limits, the Bill may not really bring in that much cheer.

BANGALORE: The Karnataka government has done it again. For the third time, none of governor T N Chaturvedi's objections and suggestions have been addressed in the recently passed Karnataka Town and Country Planning Bill.
The Bill seeks to regularise building deviations up to 50 per cent. Incidentally, this was the same Bill that Chaturvedi had rejected in 2004 on the grounds that it "sought to legalise an offence".
Consequently, he wrote a detailed tome listing why it is inappropriate and the Bill was in limbo since 2004.
Government sources inform that it was stepped up at the session spurred by large scale citizenry pressure in the wake of demolitions at Koramangala. The Bill was sent back by Chaturvedi seeking explanations on a host of issues including — regularisation of contraventions in development or change in land use, how land zones are going to be preserved, and noted that 50 per cent regularisation is a "generosity not deserved by huge constructions made for commercial gain".

Sample some of the objections raised by the governor: "It has the potential to perpetuate the worsening of living conditions in the already fragile urban centres, impose unbearable strain on the civic services, tolerate and encourage violations of law and discriminate against the law-abiding in favour of the law breakers. The Bill contains several prima facie anomalies and irrationalities and is vague on a few factual and legal issues and is thus capable of creating problems at the administrative level."

The government did not reply to any of these clauses, did not address it but passed the Bill. The same Bill would be sent to Chaturvedi for his ultimate nod.
Government officials say that if it is rejected again, it might take a political hue — governor rejecting it during Dharam Singh's chief minister-ship and approving it now.
The caveat which hasn't been spelt out — a building owner with violations can approach and use this Bill only after tackling the violations. For instance if a person has 100 per cent building violations, it is incumbent upon her/him to demolish 50 per cent and only then regularise the remaining 50 per cent using the provisions of the Bill.
Explain government sources, "How does one classify how much is 50 per cent or 100 per cent? The yardstick of violations is that setback area should not exceed 50 per cent and Floor Area Ratio (FAR) 25 per cent. Not a single structure on M G Road, Commercial Street, Brigade Road, Malleswaram 8th Cross, all places which have every form of deviations possible, can be regularised with this."
For the approximately 10 lakh properties in Bangalore city limits, the Bill may not really bring in that much cheer.

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