BANGALORE: The State government’s plans of regularising unauthorised development and construction through the Akrama Sakrama scheme has been brought to a halt by the High Court. The scheme was notified on May 28 this year.
In an interim order passed by Justice Ram Mohan Reddy on Friday, the Court asked the government to direct the regional commissioner to set up the Bangalore Metropolitan Planning Committee (BMPC) and restricted the implementation of the scheme. He also noted that the government had done nothing to constitute the BMPC for 20 years.
Justice Reddy was hearing a petition which questioned the validity of Section 14A of the Karnataka Town and Country Planning Act that lets the government permit use of land for purposes other than that stated in the development plan. The case is still being heard by the High Court.
He said it would not be ‘conducive’ for the state to formulate legislation related to planning of the metropolitan area, including legislation on regularisation of unauthorised developments and construction.
This function should rest with the BMPC which is a constitutional authority under Article 243E, the court had noted earlier.
The petitioner, C N Kumar, on June 18 approached the court for a stay on the Akrama Sakrama notification. In his case filed in 2005, the petitioner had challenged the legality of the scheme.
Justice Reddy on Friday however refused to examine the notified rules and asked the petitioner to file a separate case if he wished to challenge the same.
The Government, in its application, had argued that the petitioner’s original complaint was different from the stay sought at present.
The State government has been out on a limb regarding the scheme which is expected to benefit lakhs of residents who expect to pay a penalty and regularise their buildings.
However, the Apex Court, which the petitioners are expected to approach if the High Court allows the scheme, is seen to be against regularisation of unauthorised structures.