K'taka govt notifies ordinance, BDA to legalise unauthorised constructions in Bengaluru
The BDA will levy a penal fee in return for regularisation. These are plots either owned by residents themselves or bought from someone after the BDA notified them for acquisition during the formation of layouts.
by K R Balasubramanyam
The State Government has notified amendments to the BDA law in a first step towards regularising unauthorised constructions on plots notified by the agency for acquisition years ago. The government has taken to the Ordinance route in view of the urgency as the government is starved of funds due to Covid-19.
The decision promises long-awaited relief to tens of thousands of property owners.
The BDA will levy a penal fee in return for regularisation. These are plots either owned by residents themselves or bought from someone after the BDA notified them for acquisition during the formation of layouts. Thousands have built homes in a bid to forestall acquisition by the BDA, but their title status have been in a limbo. A property owner cannot sell his property once it is notified by a government agency.
The BDA has classified plots into four categories: 20x30 ft; 30x40 ft; 40x60 ft; and 50x80 ft; The small plots up to 20x30 ft plot owners will pay a fee of 10% of the guidance value applicable for the area; those owning plots up to 30x40 ft will pay 20% of guidance value. Those above 30x40 ft and up to 60x40 ft will pay 40% of guidance value as regularisation fee. The plots higher than 40x60 ft and up to 50 x 80 ft will pay a fee of 50% of guidance value plus a penalty. Corner plots with buildings will pay twice the rate as regularisation fee.
The BDA will regularise only such constructions that are at least 12 years old.
The amendment to Section 38(D) of the BDA Act, however, says the regularisation is applicable only up to 50x80 ft plots, and no member of the owner's family would be entitled to apply for or seek benefit of allotment of any other plot.
The government estimates that there are about 75,000 such plots in Bengaluru, over about 6000 acres of land. The government expects about 45,000 of these plots are small in size, predominantly owned by low-income groups.