The Karnataka High Court on Friday restrained the State government from implementing the ‘Akrama-Sakrama’ scheme, for regularising unauthorised developments or constructions, or permitting change of land use in the Bangalore metropolitan area till the Bangalore Metropolitan Planning Committee (BMPC) is constituted.
Justice Ram Mohan Reddy passed the interim order while hearing an application filed by one C.N. Kumar, whose petition questioning the validity of Section 14-A of the Karnataka Town and Country Planning (KTCP) Act that empowers the State to permit use of land for purposes other than that earmarked in the development plan, is pending for adjudication.
‘Hold elections’ The Court also directed the government to instruct the Bangalore Regional Commissioner for holding elections to select members for the BMPC as per the amended rules notified on June 18, and formally constitute the BMPC thereafter.
“It would not be conducive for the State government to embark upon making legislation on functioning related to planning of the metropolitan area, including those related to regularisation of unauthorised development or construction,” the court observed.
Earlier, the court had said the MPC is the constitutional authority under the Article 243ZE of the Constitution of India that was empowered to prepare a draft development plan for a metropolitan area.
Refused The petitioner had questioned the legality of the ‘Akrama-Sakrama’ scheme, which was brought into effect through the KTCP (Regularisation of Unauthorised Development or Construction) Rules, 2014.
However, the court refused to examine the Rules, notified on May 28, and said the petitioner is at liberty to initiate a separate legal proceeding in this regard.
The government had opposed the petitioner’s application challenging the legality of the ‘Akrama-Sakrama’ scheme. In its objection, the government stated that the original plea in the petition was different and hence the petitioner has to initiate a separate petition to challenge the ‘Akrama-Sakrama’ rules.
It has been pointed out by the government that a Division Bench of the High Court, while dealing with earlier rules on the scheme in December 2007, had permitted the government to amend or modify the rules or the scheme keeping in mind the grievances of the public about the scheme.
