The Supreme Court of India.
Credit: PTI Photo
Bengaluru: The Karnataka government has been informed by its lawyers that the Supreme Court is likely to strike down the Akrama-Sakrama scheme of regularising illegal constructions in the state, Revenue Minister Krishna Byre Gowda told the Assembly on Monday.
"Our lawyers have said that there are chances of (the scheme) being rejected," Gowda said.
The Akrama-Sakrama scheme would have benefitted the owners of lakhs of unauthorised buildings across the state. The scheme was especially relevant for Bengaluru, where 2.93 lakh properties are believed to be illegal as they do not comply with rules.
It was in 2015, during Chief Minister Siddaramaiah’s first term, that the Karnataka Town and Country Planning Act was amended to enable regularisation of unauthorised buildings for a fee as a one-time measure.
The scheme, which covered commercial establishments and residential properties violating 25-50 per cent of the building bye-laws, was applicable to all layouts and buildings in Karnataka that came up before October 19, 2013. At the time, the government had hoped to mobilise Rs 10,000-15,000 crore from regularisation fees.
However, in January 2017, the Supreme Court stayed the Akrama-Sakrama scheme, causing a setback to the then Siddaramaiah regime. If the top court strikes it down, it would be another blow.
Gowda mentioned the Akrama-Sakrama scheme while responding to a question by Udupi BJP MLA Yashpal Suvarna on regularising unauthorised houses constructed on government lands under Sections 94 (C) and 94 (CC) of the Karnataka Land Revenue Act. Survarna said the government must extend the cut-off date for applications from 2015 to 2019.
"We keep saying 'one-time measure'...courts often ask us what the definition of 'one-time' is. There's an Akrama-Sakrama scheme for unauthorised layouts on private lands, which the Supreme Court has stayed. They're also asking the same question: is there an end for 'one-time'?” Gowda said.
Under Sections 94 (C) and 94 (CC), Gowda said the government has extended the application deadline five times. Of the 8.38 lakh applications, he said 5.4 lakh were rejected as the applicants were ineligible. "This being the case, another extension will mean more ineligible applications," Gowda said.
To another question by Harihar BJP MLA Harish BP on regularising unauthorised cultivation on government lands (Bagair Hukum), Gowda revealed instances of irregularities.
"There are 9.85 lakh applications seeking regularisation on 54 lakh acres. The government doesn’t have that much land at all! Some applicants have submitted 25 applications each!” Gowda said. “As of 2005, an applicant must be 18 years old. But we have applications from people aged 18, which means they were just born in 2005,” he said and assured the Assembly that all Bagair Hukum applications which have been wrongly rejected will be reviewed again.