Building Violation & Land Encroachment

SAKRAMA: A hyped Sacrifice?

Disorganised construction is indisputably a common sight in Bangalore. Structures spill onto the roads and roads are forced to cut through established locales. Ultimately it leads to haphazard infrastructure. The law that attempts to minimise these violated constructions is Sakrama. Over the past month, all the regional tabloids have paid undivided attention to Sakrama that claims to solve this problem of chaotic building. If the law aims to put a stop on illegal construction i.e. constructions that are done in the absence of a sanction and constructions that violate the rule book in spite of having a sanction, then what is all the hue and cry about?

The law states that the owners of illegal construction will have to pay to the government a certain amount of money which is in proportion to the extent of their violation. This is aimed to regularise illegal construction. But, the structure under scrutiny will continue to remain a hindrance in public property, or any other violation. Paying a fine does not in any way compensate for the space used up; the violation still remains a breach, but only legalised now. Then what change will Sakrama bring about? Is it just a way to formalise a fine to the government? The revenue earned through this law by the authority is estimated to be around Rs.500 to Rs.600 crore! Monetary compensation does not equate to demolition of the building or any form or rectification to the existing situation.

As the citizens of the State are directly affected by this law they have been extremely keen on seeking further information regarding it. There have been active protests and participation by the citizens. After the success of the doubt-clarifying sessions in the various tabloid offices, the BBMP decided to introduce a hotline to answer queries regarding Sakrama. This clearly highlights the lack of information concerning the law, or the excessive citizen curiosity to dig out information that would enable them to waive off the payment! Either way it is evident that citizens are enthusiastic where the law is concerned.

The law was first mentioned on the 15th of September, 2007, and the last date to fill in and submit the forms was 14th December, 2007. Most of the citizens are made aware by their Contractors prior to the construction that they are violating certain rules, but some are not. Those who are not informed about the violation have no direct way of finding out. The entire situation is two-faced. It is the citizens who cause the problem but it is also the citizens who face the problem. The situation is inevitably for and of the citizens.

This happens due to the growth in population, accompanied by a simultaneous need for living space followed by a proportionate increase in the importance for a growth in infrastructure. The fine or the "fee" according to the BBMP is highly reasonable. Rs. 200 per 60 sq. m where sites in urban and rural Bangalore have caused violations is not too much to ask for. The amount paid is in direct proportion to the area violated. The highest fine payment is Rs. 375 per sq. m in the case of building violations in non-residential areas in a city with a population of 10 lakh people. The lowest amount is Rs. 2 per sq. m of total built-up area in accordance with percentage of market value in residential areas when the buildings have been built without building plans. If the amount is too much for a citizen then he/she must have violated the Rule Book to an extent that is unaffordable, both for the citizen and for the infrastructure of the city.

The main argument raised by the citizens is that if their constructions are illegal then how they receive basic amenities from the government such as water supply, electricity, gas etc.? Who sanctioned the construction work? To which the government has no answers, the laws are still unclear but are being implemented despite the ambiguity. A certain example is of Mr. Winnifred Louis' House in Ejipura. He was slapped a notice by the BBMP as his building had built-up area violations. It came as a shock to him as his estimate of the violations was far below the real amount.

Surely demanding an additional "property tax" is not going to solve the issue of illegal constructions but it will certainly (or at least partly) keep a check on the violated buildings. Hopefully the engineers who have sanctioned these constructions will be dealt with and the problem will be tackled from its very root.

(You can send your feedback to Janaagraha Centre for Citizenship and Democracy 4th Floor, UNI Building, Thimmaiah Road, Vasanth Nagar, Bangalore - 560052 Phone numbers: (91) (080) 41277102,41277103 Fax: (080) 41277104.)