Is it "Sakrama" or "Akrama "?
Building bye-laws, rules and regulations for town planning and land use are legislated for better utilization of the available land for the orderly growth of the society. Then, why do people violate the building bye-laws and regulations?
The general answer to this is that adherence of these regulations would reduce the built up area considerably than required even for a reasonable family requirement and to own bigger plots is beyond the reach of middle and poor people in view of high cost of land in towns and cities even at the rates fixed as the guide line value by the Government.
What is the remedy?
The remedy could be creation of an atmosphere of supply of house and house sites being more than the demand. To achieve this, the Government should speedily construct sufficient number of quality houses with all civic amenities and sell them to the poor and needy at affordable prices and also have sufficient house sites for allotment and thereupon to strictly enforce the building bye-laws and land use and levy hefty fines for violators of building bye-la ws and punish severely the abettors of such violations.
The recent notification of the Government of Karnataka for one time regularization of violation of building bye-laws and land use under the caption of 'Sakrarna' upon payment of fine by violators would not set right the violation of the bye-laws and the land use so long as these 1<:)1,\/5 remain unamended. Impliedly, the Government is in agreement to permit violations of the bye-laws and the land use to the extent covered under Sakrama in respect of the land and buildings in existence upon receipt of fine. But, the rates fixed for regularization of such violations are deterrent in nature and prima facie looks to be unfair.
For example, for regularization of violation of set backs, FAR and land use of a site measuring 30 feet x 40 feet, a person has to pay fine of roughly Rs.3,OO,OOO - which is the amount equivalent to the expenditure the said person would have incurred on the purchase of site and on the construction thereon about a decade back. Instead of punishing their staff for the failure to take timely action for violations of building byelaws and land use, the Government has come up with the Sakrama proposal for regularization of violations with a hefty fine.
The Government should reconsider the matter and revise the rates of fine to make it to be fair and within the each of the people while at the same time, it should come out with a comprehensive amendment to the building bye-laws and the laws dealing with the change of land use after carefully and scientifically analyzing the ground realities by a committee consisting of experts in the field.
Building bye-laws, rules and regulations for town planning and land use are legislated for better utilization of the available land for the orderly growth of the society. Then, why do people violate the building bye-laws and regulations?
The general answer to this is that adherence of these regulations would reduce the built up area considerably than required even for a reasonable family requirement and to own bigger plots is beyond the reach of middle and poor people in view of high cost of land in towns and cities even at the rates fixed as the guide line value by the Government.
What is the remedy?
The remedy could be creation of an atmosphere of supply of house and house sites being more than the demand. To achieve this, the Government should speedily construct sufficient number of quality houses with all civic amenities and sell them to the poor and needy at affordable prices and also have sufficient house sites for allotment and thereupon to strictly enforce the building bye-laws and land use and levy hefty fines for violators of building bye-la ws and punish severely the abettors of such violations.
The recent notification of the Government of Karnataka for one time regularization of violation of building bye-laws and land use under the caption of 'Sakrarna' upon payment of fine by violators would not set right the violation of the bye-laws and the land use so long as these 1<:)1,\/5 remain unamended. Impliedly, the Government is in agreement to permit violations of the bye-laws and the land use to the extent covered under Sakrama in respect of the land and buildings in existence upon receipt of fine. But, the rates fixed for regularization of such violations are deterrent in nature and prima facie looks to be unfair.
For example, for regularization of violation of set backs, FAR and land use of a site measuring 30 feet x 40 feet, a person has to pay fine of roughly Rs.3,OO,OOO - which is the amount equivalent to the expenditure the said person would have incurred on the purchase of site and on the construction thereon about a decade back. Instead of punishing their staff for the failure to take timely action for violations of building byelaws and land use, the Government has come up with the Sakrama proposal for regularization of violations with a hefty fine.
The Government should reconsider the matter and revise the rates of fine to make it to be fair and within the each of the people while at the same time, it should come out with a comprehensive amendment to the building bye-laws and the laws dealing with the change of land use after carefully and scientifically analyzing the ground realities by a committee consisting of experts in the field.
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