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UNLIMITED SAKRAMA HAPPENS IN NEW DELHI AND GUJRAT AND NOT IN KARNATAKA

 
 
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UNLIMITED SAKRAMA HAPPENS IN NEW DELHI AND GUJRAT AND NOT IN KARNATAKA
by System Administrator - Sunday, 29 March 2015, 2:45 AM
 

By : M.S.Yatnatti: Editor and Video Journalist Bangalore : The Karnataka Government has finally uploaded online application forms for the much-awaited Akrama-Sakrama scheme to regularize unauthorized constructions and developments in urban areas. However, it doesn't promise immediate relief to property owners as BBMP is yet to put in place a mechanism to accept the applications and the high court has stayed processing of applications under the scheme. The application has three parts: For regularization of sites in an unauthorized sub-divided land layout; regularization of buildings with land-use violations; regularization of unapproved and non-violated development unapproved and violated development approved and violated development. Property owners are supposed to fill relevant portions in the form. The last date for submission of applications is March 22, 2016.Hearing a petition against the scheme, the high court order has directed the state not to process the applications received under the Akrama-Sakrama scheme. The next hearing of the case is on April 15. The urban development department has uploaded the applications on its website (http:uddkar.gov.in) and asked property owners to submit filled forms to the urban local bodies concerned. The scheme, which was slated to open on March 23, gives a one-year window to property owners to apply for regularization.

Akrama :Sakrama: Allow sakrama to happen every day. Remove contradicting rules and Acts. Our legal system many has problems and complications amazingly at one time citizen committing akrama under one law and Sakrama in another law. Under one law you are right and does not requite sakrama.Under another law you are akrama and you need regularization for same act of yours,.As per KTCP Act no conversion is needed and DC is divested of power in CDP area as per several court orders but as per KLR Act conversion is mandatory .Who is right and who is wrong .Under one law area is lawful if it is divided after taking permission and but same thing is legal if it is not divided and used fore construction of multistoried building and if area is not divided and used for multi-dwelling gate can be put by constructing compound wall .If several acres is used for multi-dwelling no area is need to be reserved for civic amenity sites.Akrama: Sakrama: It is again happen in our situations .one court order you follow you are Akrama :and another you follow you are Sakrama: Many such thing happens .Why not Government make simple laws and stringently apply it .After they are civil laws .Many laws provide simple penalties for simple violations why make complications.If a students apply after last date a penality of Rs 200 is taken it is OK but if University decides to take whole 100% exam fees as pem\nalty then it is wrong .In the similar way if a land is not converted and used take 5% 0r 10% of conversion fees as fine and not 100 percent of that of conversion fees. Make simple orders and laws that can be easly understood and implemented.Under 4 couirt orders G category is lawfull and in another 4 court orders G category Government has no power to allot so it is akrama and illegal.

When Delhi and Gujrat governments can do under court orders akrama sakrama schemes why not Government of Karnataka .Let us forget about who voted whom and work for development .Aam Aadmi Party, the Bharatiya Janata Party, and the Congress, and all unauthorised persons are interested in regularising unauthorised colonies and it is all property politics to resolve the vexed issue of unauthorized colonies andthat it is a red letter day in the history of the Capital City as no political party is talking of law abiding citizens .Votes of unauthorized colonies are more important and not the votes of law abiding citizens .  The dream of putting up in fully developed colonies in respect of 60 lakh residents is coming true.  The City Government has been able to resolve the vexed issue of unauthorized colonies. Further, the fear of sword hanging over the future of the residents of unauthorized colonies has become a thing of the past. Government can do a balancing Act .Those who were law abiding need to be given sympathetic consideration .They need to b e rewarded for ttier law abiding attitude .Allow them to construct some additional Law abiding FAR and allow them to have FAR in par with their unauthorized colonies.It is pertinent to note that all political parties whether it is Aam Aadmi Party, the Bharatiya Janata Party, and the Congress, all are interested in regularising unauthorised colonies and they have promised prior to the Delhi elections of 2013.all political parties are in top gear to legalize illegal things .In the interest of Delhi people , recently the Union Cabinet chaired by Prime Minister Narendra Modi approved regularisation of unauthorised colonies that have come up till June 1, 2014. Setting the process to regularize 1939 unauthorised colonies in motion, Urban development ministry has directed Delhi Development Authority (DDA) to carry out the necessary modifications in the clauses for regularization of unauthorized colonies urgently.The ministry, while informing DDA that the Cabinet on December 29 has approved amendment to the Revised Guidelines of 2007 for regularization of unauthorized colonies, has asked DDA to accordingly amend the guidelines. The Cabinet had decided on Monday to extend the cut-off date from December 31, 2002 to June 1, 2014, for the purpose of regularization, said a senior Urban development ministry official. The ministry has also sought to clarify that no proposal for issuance of an ordinance for regularization of unauthorized colonies was made for the approval of Union Cabinet, as the same was not required. The official said that the proposal made was to amend the Revised Guidelines of 2007, which were earlier approved by the Cabinet, for considering the unauthorized colonies that sprang up in the capital after March 31, 2002 for regularization.National Capital Territory of Delhi Laws (Special Provisions) Amendment Bill, 2014 passed by the Lok Sabha :The National Capital Territory of Delhi Laws (Special Provisions) Amendment Bill, 2014 has been passed by the Lok Sabha. The Bill seeks to extend the validity of the National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011 upto 31.12.17. The bill seeks orderly arrangements pursuant to guidelines and regulations for regularization of unauthorized colonies, village abadi areas (including urban villages) and their extensions, as existed on the 31st day of March 2002, and where construction took place even beyond date and upto 1st June, 2014.The objective of the extension of time is not only to protect certain forms of unauthorized developments from punitive action in the NCT of Delhi, but also to provide for opportunity to the Government agencies to finalize the norms, policy guidelines and feasible strategies as well as orderly implementation of the plan in this regard. National Capital Territory of Delhi Laws (Special Provisions) Second Act, 2011 is due to expire on 31st December 2014.

Reportedly The Delhi Laws (Special Provisions) Act, 2006 was enacted by the Parliament to address the issues arising out of the several orders and directions passed by the Supreme Court and the High Court of Delhi in cases pending before them regarding contentious issues which were confronting the national capital, namely, unauthorised constructions, commercial use of residential premises, encroachment on public land by slum dwellers and Jhuggi-Jhompri clusters, problems relating to urban street vendors, which were affecting the lives of millions of people. This Act remained effective for a period of one year and lapsed on the 18th May 2007, and required the Central Government with a time period of one year to take all possible steps to finalize norms, policy guidelines and feasible strategies to deal with the problem of unauthorised development with regard to mixed land use not conforming to the Master Plan, construction beyond sanctioned plans, and encroachment by slum and Jhuggi-Jhompri dwellers, hawkers and urban street vendors; and also provided for status quo as on 1st January 2006 to be maintained in respect of these categories of unauthorised development, subject to certain conditions notwithstanding any judgment, decree or order of any court, and that all notices issued by the local bodies for initiating action against these categories of unauthorised developments shall be deemed to have been suspended and that no punitive action shall be taken during the said period of one year. While this Act was in force, the Master Plan for Delhi, 2021 was notified by the Central Govt. on 7th February, 2007, incorporating extensive amendments in respect of provisions governing mixed land use, and for construction beyond sanctioned plans, thus providing much needed relief in the case of unauthorised development with regard to mixed land use not conforming to the Master Plan and construction beyond sanctioned plans. This Act was followed by the National Capital Territory of Delhi Laws (Special Provisions) Ordinance, 2007 was promulgated on 4th July 2007, and in view of some important developments in regard to sealing of commercial premises in the unauthorized colonies, and in view of the exigencies involved, the NCT of Delhi Laws (Special Provisions) Second Ordinance was promulgated on 15th Sept, 2007, the provisions of which were in force upto 31st December, 2008. The scope of this Ordinance was widened to maintain status quo so that no punitive action could be taken during this period in respect of unauthorised colonies, including village abadi and its extension, storages, warehouses and godowns meant for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land, apart from the categories of unauthorized development included in the previous legislation.

Subsequently ,The NCT of Delhi Laws (Special Provisions) Act, 2009 was enacted on 16th March, 2009, which provided protection to encroachment or unauthorized development in the form of encroachment by slum dwellers and jhuggi-jhompri clusters, hawkers and urban street vendors, unauthorized colonies, village abadi area (including urban villages) and its extension, existing farm houses involving construction beyond permissible building limits and schools, dispensaries, religious institutions, cultural institutions, storages, warehouses and godowns used for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land. While some progress has been made within the validity period of the Act in respect of hawkers and urban street vendors and unauthorised colonies, more time is needed to ensure orderly implementation of policies regarding urban street vendors and unauthorised colonies, village abadi area (including urban villages), and also to finalize norms, policy guidelines and feasible strategies to deal with the problem of slum dwellers and Jhuggi-Jhompri clusters, existing farm houses involving construction beyond permissible building limits and schools, dispensaries, religious institutions, cultural institutions, storage, warehouses and godowns used for agricultural inputs or produce (including dairy and poultry) in rural areas built on agriculture land).The regularization is warranted in view of large scale unauthorized.constructionProcesses in the past: Reportedly Prior to 1993, Delhi saw several waves of UAC regularisation. In 1993, however, when the government was looking to regularise 1071 UACs, Common Cause Society, an NGO, approached the Delhi High Court questioning the process. In response, the Court restrained the government from regularising any further UACs in Delhi and directed it to prepare and submit guidelines for the process of regularisation. In 2007, the government placed the guidelines before the Court. In 2008, it resumed its call for applications from UACs seeking regularisation. The Resident Welfare Associations of these UACs had to submit various documents such as land details, certificates, layout plans and undertakings to abide by the approved layout plans and provide land for social infrastructure. It received applications from 1639 colonies. Subsequently, an addendum to the 2008 regulations, introduced before the elections in November 2008, allowed the Government of NCT of Delhi (GNCTD) to issue PRCs to UACs. Soon after, these were issued to 1218 of the applicant colonies. In September 2012, the government issued an order finding 895 UACs "eligible for regularisation”. The order specified that these were selected based on two conditions: they did not lie on "forest and ridge areas and protected area” and did not hinder the "provision of infrastructural facilities under the Master Plan 2021”. In spite of the order, government and media reports have treated the colonies listed in the 895 UACs order as de facto regularised. However, a closer look at this order reveals that only 312 of the colonies -- those located on private land-- stood regularised at the time of the order. Of these, only a subset that are on "private land owned by private owners” are plots eligible to be registered for sale or transfer, an outcome central to any definition of regularisation. The order also said the remaining 583 colonies listed, which are partly or fully on public land, would be regularised only after the GNCTD recovered the cost of the public land from residents. For these colonies, the relevant land-owning agency would also have to complete certain steps, such as withdraw land acquisition notifications and amendments in revenue records, before the land can be registered. In other words, the regularisation of these 895 UACs was far from complete. The Comptroller and Auditor General and the Delhi Lokayukta have pointed out that there has been little transparency in this regularisation process. Indeed, it has been a complicated mess with many gaps.