Akrama-Sakrama

[karthink]

Hi Guys,
I came across this article, please read and see share your views..

http://www.deccanherald.com/content/457 ... sense.html


Thanks

[Jkulkarni]

In the duration of akrama sakrama law being tabled to passed, a few thousand acres of precious green belt land around Bangalore will get converted into layouts overnight in gross violation of BMRDA regulations. This law should never be passed unless we want Bangalore to be called a SLUM CITY, no developer will comply with these regulations and start selling DC converted sites, which is a bad thing for citizens and the city as there would 1000s of layouts without absolutely any amenities like parks, roads, sewage treatment plant.

I am not making a fancy claim, if you happen to visit the outskirts today, you will practically see 100s of layouts getting formed on greenbelt land with or without conversion and with just the hope that it will get converted on Akrama Sakrama.

BBMP should not expect to raise funds by Akrama Sakrama, this is akin to a logic that because there are marijuana users we should legalize marijuana consumption so that state can get Rs.1000 cr in taxes.

As responsible citizens of this state we should also think, what is the direction this law is giving to future generations? The essence of his law to a common man is “Government can make illegal into legal so you can do illegal activities and get it regularized”. Just as legislators of Akrama Sakrama law quote, it is not the first time such a law is being made, they draw support from the fact that this is a established practice. Similarly a future legislator will draw support from Akarama Sakrama to regularize occupation of government land. If there is something that has been wrong in our history it for us correct it and not repeat the same again, instead of extending the logic and drawing support from it.

Soon we would see 7 floor buildings coming up on 30×40 or 20×30 sites, what would happen if there is a fire or the building collapses due to safety or a electric wire touches the building. Will BBMP provide a Rs.50 lakh insurance to the families staying in such akrama buildings?

Extending the logic, if properties can be regularized from akrama to sakrama for building violation, why not regularize layouts which have come up on government lands. Infact some developer might make cubbon park itself as a layout called as “cubbon park layout” overnight and ask for regularization!!

This law should never come into effect and a big black spot for a state known to have been a model for India’s legislations.

[ananthrmbn]

I do not agree with the writer. Akrama is caused only with the govt. No layout appear overnight, it require lot of effort and connivance with govt officials. When a person purchases a site in revenue layout or greenbelt, first of all it should not be registered. Where as not only registration, even khathas are issued, layout plan sanctioned and plan approved by concerned govt departments and only after a few years it turns out to be bogus. When you purchase a site as per govt rules and build a house you will have to bribe the agencies and officials. Whenever a small alteration is effected the RI appears on the scene ane questions you, how can they remain silent when a layout is illegally and unauthorisedly formed and it takes several years before all sites are sold out. Just like postmortem after accident and murder if you declare the property as illegal after the developer elops with his booty who is responsible? Illegal developers and builders have to be hanged first just like tamilanadu formula and than only akramas will stop and no need to for sakrama . It is only MLAs and MPS who are responsible for akramas and they should be hanged first if the law persists.
anantharamaiahbn@yahoo.com

[msn1270]

As long as buyers are there, obviously sellers/developers exploit the opportunity to do illegal things. As per Government laws, neither formation nor buying unauthorised plots is permissible. So the buyer needs to be judicious in making ethical decision.

BDA/BBMP Sanctions plans which is in compliance with their by-laws's. But the owner himself violates the rules bribing the officials. if there is any postmortem for this case, only the house owner is accountable. He can't justify/prove saying I've paid the bribe to violate the sanctioned plan...etc.

Classic example is SJR Luxuria premium apartment project on Bannerghatta Road. BDA has given necessary approval in 2008 for the project. Recently one social activist approached Lokayukta exposing the irregularities in this project, as the project is coming on a Site meant for Horticulture Nursery. Immediately BDA Suspended their project sanction saying developer had produced fake documents to get the permission. Many of the buyers have paid between Rs. 50 -80 lakhs (nearly 75% of the cost) already through Bank Loans. Already project completion is delayed by almost 1.5 years. Since 4-5 months project is on halt till the investigation completes(there is no time limit). Banks doesn't care about the project status and make all efforts to recover their dues from the clients in case of any decision against the project. Now Whom should the buyers blame when they've not verified the legal documents before booking their dream flat ?

Even if the officials are well aware of the facts and silent spectators, always they're shielded and their role/involvement can't be identified in the investigation. Also, They even have the rights to take action against the violations and illegal things.

[Jkulkarni]

In the recent years, there has been a significant increase in misinformation,  cheating, and selling of properties in illegal and unauthorized layouts in and around Bangalore. There are many layouts which have come up and are coming up without proper land use conversion, BDA/ BMRDA approvals, without paying betterment charges to BBMP obtaining B khata. It has come to such an extent that there are areas like Electronic city phase 1/phase 2 where one can find only  two or three BMRDA approved layouts among about thirty projects in that area.

Secondly, there is lack of clarity among  the citizens as to the documents are to be verified. There are more than 24 documents that need to be verified to ensure that a property is good legally. Many documents are granted conditionally by the authorities and there are loopholes by which the developer can easily escape after selling quasi-fraudulent properties. A citizen has to go to several agencies BDA, BMRDA, BIAPPA, APA, BBMP, DC Office, Subregistrar office, Village panchayat, KHB, KIADB, Tahsildar office to get proper documents. The documents issued are conditional and developers misuse this, when the period of conditionality fails, and the developer does not comply he is not blacklisted or documents cancelled but the hapless citizens are being penalized. Ofcourse, there is legal opinion, and lawyers can help, but we find that most citizens go with bank legal opinion which varies from Bank to Bank for the same project based on Bank's risk appetite.

Thirdly, as the Akrama Sakrama bill discussion have started, several innocent citizens are being duped by developers that the properties will get regularized according to this bill, so they are floating all the norms. As the land prices have increased significantly, innocent  citizens are left with no option to buy in these unauthorized illegal layouts.

Considering these issues, can we request that a independent infrastructure regulatory commission to be setup for Karnataka where every infrastructure developer should register and citizens can in a single window appeal against any irregularity committed by the developer. This commission can also blacklist developers involved in fraud.


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If you think this is a valid solution, please email to Honourable Minister Shri S Suresh Kumar, Minister for Law, Justice, Human Rights and Municipal Administration

Email nimmasuresh.2009@gmail.com
http://www.nimmasuresh.blogspot.com/

[ananthrmbn]

Sir,
The Akramas are govt done. For example our layout Muneshwara layout at ATTUR Yelahanka new town was formed by one Mr Venkatesh KV of Kodigenahalli and it took more than 5 years to form the layout. The person produced a layout approval plan and got individual plan sanctions and also bank loan but the approvals were termed bogus later. What were the authorities doing all these years when the layout was formed before their very eyes, perhaps bulk bribery might have taken place to allow the builder to form layout and today it consists of thousands of houses constructed on sites, the roads are all converted to sites by exlandlords and buildings comingup everyday and night meant for public roads. What is the use of grumbling later that these are irregular. The local MLA and corporators are hand in glove with unauthorised buildings whereas the authorities look the otherway. Each and every owner is quite influential belong to some major parties and they cannot be touched by ordinary officials.
anantharamaiahbn@yahoo.com
Mob:9844091704

[Jkulkarni]

Dear Anantharamaiah

The first thing to do would be to form a members association, hire a good lawyer and file a complaint against the land owner and the developers.

If there are many members in this forum who have been cheated by developers, we could form a petition and take take them to the appropriate minister. I had sent this petition to Rajeev Chandrashekhar, MP and secretary from his office had asked to meet in person and present the request.

[jpnagarprop]

Any recent updates?. Does akrama sakrama will see any light for revenue plots?

[Jkulkarni]

It is a win for Akrama bill supporters, it has been passed by the governor as of September 4th. Building deviations upto 50% can be regularized but they should have been constructed before Dec 2009. I wonder if there is any incentive for law abiding citizens who followed the BBMP bye laws.

[jpnagarprop]

I doubt whether any one is constructing with following 100% guidelines. Btw Any idea regarding regularization of revenue or No DC converted plot?