Date:08/12/2007 URL: http://www.thehindu.com/2007/12/08/stories/2007120857670100.htm

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Citizens awaiting verdict on Sakrama with crossed fingers

Afshan Yasmeen

High Court to take up the case on Monday

Many feel the court may only direct the Government to reduce the penalty rates
‘The Government will not be able to modify the scheme before the deadline’

Bangalore: With the fate of the controversial Sakrama scheme now depending on the Karnataka High Court’s decision, citizens are waiting with fingers crossed. The court is scheduled to take up the matter on Monday.

Though most citizens hope that the court will stay the scheme, there are those who feel it may only direct the State Government to reduce the penalty rates.

This is because the rates are not part of the Karnataka Town and Country Planning (KTCP) Act that has been amended to facilitate regularisation of unauthorised constructions.

“We wonder whether the court will stay an Act, which has been enacted by the Legislative Assembly. It might direct the officials to modify the rules framed to enable regularisation,” B.T. Naganna of Lok Paritran said.

But Mathew Thomas and N.S. Mukunda of Citizens’ Action Forum are confident that the scheme will be put on hold by the court.

“The amendment is illegal and unconstitutional under the rule of law. It is the duty of the Government to ensure planned growth of the city. Sakrama has been formulated to protect the violators and not the law-abiders. We are sure it will eventually be stuck down by the court,” Mr. Thomas said.

Former Law Secretary Ishwar Bhat said that the recent amendment to the Act was contrary to the objective of the KTCP Act enacted in 1961. “The Act was formulated to ensure controlled planning. The recent amendment that facilitates regularisation of unauthorised constructions and violations sabotages these ideals, and hence, it is defective. The court has powers to stay the operations of the Act,” Mr. Bhat said.

But official sources in Bruhat Bangalore Mahanagara Palike are apprehensive that the Government would not be able to modify the scheme or even the rules before the December 14 deadline.

“At this juncture, if the Act has to be modified, it has to be done by Parliament. Or even if the rules have to be changed, the Government should publish the draft rules, invite objections from people and notify the final rules, which will definitely take more than 35 days,” the sources said.

“The time limit (90 days to file applications from the day the scheme was implemented), the extent of violations (up to 25 per cent in commercial buildings and up to 50 per cent in residential buildings) and the percentage of penalty is all mentioned in the Act. The court might not interfere with a legislative action,” the sources said.