A proposal for a revised Akrama Sakrama

Our Governor HL Bhardwaj declining to give his nod for the Governments proposed Akrama Sakrama legislation puts the spotlight back again on this controversial legislation. It is not the first time that such a legislation has been attempted – to legalize the many illegal constructions that have sprung up around Bangalore over the last several years and it’s not the first time that a large number of people have joined the debate on this – either opposing it or supporting it. Even the very highly respected Lok Ayukta Justice Santosh Hegde has joined the debate and opposed it.

Akrama Sakrama is proposed as a program to legalize – the many illegal constructions that have come up in and around Bangalore – with the ostensible objective of helping the poor householders who have built some/most of these illegal homes.

However there is a misconception and a deliberate misleading view that all such illegal constructions pertain to the Urban Poor and lower Income class residents. There are many illegal constructions by crooked real-estate developers, crooked Middle and high income home owners in Bangalore city and in the outskirts that will also be direct beneficiaries of Akrama Sakrama. There’s clearly no justification at all for this group that includes crooked real-estate developers and other violators (apart from the very poor) to be benefited at all, at the cost of the good law abiding citizens and residents of the city.

Currently there are following types of violators in our City

1. Those that build on land that doesn’t belong to them Eg Government /City land. (Encroachments)

2. Those that build in zones that are not designated for development in the CDP/RMP and therefore do not have any building plan approval. (Illegal layouts etc)

3. Those that build on their owned land , without any building plan approval

4. Those that build on their owned land, in excess/violation of their approved building plan

Moral risks/hazards of condoning illegalities and violation

No modern city can grow without adequate and strong zoning regulations and strong oversight of these zoning and building planning. Otherwise,there will be chaos. Also no government or city can or should send a message that its better to be law breakers and law abiding citizens.

It cannot be the case of anyone (and if it is then its untenable and indefensible) that all violators have to allowed to go scot free by paying a fee. It also cannot be the case that regularizing such violations is a way to generate revenue for the city. That is a dangerous argument –because its like saying legalize smuggling and criminals because by taxing them, governments can make money. Civilized society is about living by rules and off course helping the poor and destitute with deliberate and directed assistance. So there is a clear need to make sure any legislation or program such as this has a clear and narrowly defined objective of ensuring that the poor get their homes and rich and others don’t get away scot free. Therefore if an Akrama Sakrama is to be proposed – it has to clearly focussed only on the poor and strong qualification criterion that ensure that beneficiaries are only the poor and deserving.

How to REALLY help the Poor

The argument being made by some is that regardless of the nature of the violations, its important to help the poor get some homes. The fact is this argument has some merit because the state and city has done very little to create habitation and housing capacity for the poor in the last many years and the poor have had to resort to creating housing for themselves - which in many instances tend to be illegal in one of the four categories above.

Therefore the criterion that will ensure that only the poor will benefit from this.

a. The housing/dwelling in question should be 350 sft or smaller.

b. The family must be living in that for some period (ie it didn’t come up in the last few weeks or years) – Evidence of living there like Water and Electricity bills for last 4 years etc.

c. These must be on owned land and must be either violation 3 or violation 4 from above.
For all violations 1 and 2 for all types of residents, there cannot be any condoning. But the poor that have created habitations (350 sft or less) under violations 1 and 2, should be supported by a longer term solution - of being provided a Government backed Housing credit program, entitling them to credit/loan towards purchase of a home by a private developer or a government layout. They should be given a period of 18 months to relocate. This will cost the government and taxpayers – but that’s the cost of many years of negligence to the problem of housing for Urban Poor that we have to pay.

Other Aspects that must be included in Akrama Sakrama

a. Continuous Home building for Poor:
In addition this revised Akrama Sakrama must have a program of home building for the Poor through home credit for poor and directly building layouts that addresses the increasing need for habitation capacities in our city.

b. A strong enforcement framework for the future.

This revised Akrama Sakrama must also have a section on enforcement from the Cutoff date. The enforcement section must create punitive penalties for all those who build in violation of rules . Inspectors must be given enforcement and demolition powers that are strong in law.The penalties must apply to violators and at the same time the Cities Government officials who are responsible for enforcement of zoning and building rules/regulations.

This revised legislation would address the issues of housing for Poor (past and future), ensure a strong compliance regime for the future and also ensure that crooked developers and home owners don’t wrongly benefit at the cost of all law abiding residents of our city.

Government policy and law must have as its objective that – “Law breaking is the exception and not the general rule and not the other way around”.

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28 Responses to “A proposal for a revised Akrama Sakrama”

  1. klrao1948  on January 27th, 2010

    “Illegal - Legal”
    Karnataka - Bangalore
    We have building bye-laws and a procedure of licensing and regulations to ensure orderly development of the city, yet the matter of illegal construction has been of a recurring nature in Bangalore City. Who is responsible for this?
    First the officials who are responsible for licensing and regulating the orderly growth of the city and
    Secondly the citizens if at all we can name them under that category. Among citizens there are again two class;
    o one who wants to violate law and construct violating the building byelaws for various reasons, justifiable and unjustifiable and
    o The other who watch these violations and yet think it is none of their business to prevent or question or bring it to the notice of concerned and fight till justice is done for various reasons such as fear of intimidation or fear of getting involved in to court cases.
    As per the existing Governments scheme of Akrama-Sakrama, if the violations in residential buildings in BBMP limits are within 25 per cent, penalty will be 6 per cent of the guidance value of that particular locality. If violations are more than 25 per cent, then penalty is 8 per cent. For commercial property violations within 25 per cent in BBMP limits, fines will be 20 per cent while for violations more than 25 per cent, fines will be 35 per cent.
    Authorities cannot go above the fixed rate while collecting penalties though they can reduce it. The recent meeting also said violations in residential buildings should not be more than 50 per cent, while putting a cap of 25 per cent for commercial buildings. The earlier rule had considered 15 per cent and 20 per cent of the guidance value for residential building violations (within and more than 25 per cent violations), while it was 25 per cent and 40 per cent of the guidance value for commercial property violations.
    The Government is now planning to reintroduce Akrama – Sakrama in a new form by reducing the penalties. So far you could violate up to 50% once 50% illegal is treated as legal, next development in another 5-10 years will be 100% illegal will become legal, since pressure on land will increase because of population increase and we will be pressurized to make 100% violation as legal. It will be never ending business unless government becomes harsh on both officials allowing or closing their eyes on such violations and take over such constructions and penalize the people violating the law. However before the government comes out with anything new on this issue a detailed study of the present situation is required. Such study report should bring out following:
    Licenses/permissions obtained and nature and extent of violations. Details of violations with respect to approved drawings and other violations.
    Details of official responsible for issuing license, dates of approval and dates of construction.
    Type of Violation (Milder violations: Not providing Parking space within the plot and using footpath or road as car park, Not leaving set back as prescribed and or using the setback for parking, Using footpath as storage or display area, using footpath for private gardening; Serious violations: Extensions and projections beyond own Plot above ground level, violating only FAR, violating coverage and FAR,; Very Serious violations: zero setbacks, Encroaching to others properties, etc.
    Description of neighborhoods, Front and side Road widths and details of road usage (Residential area Road, Bus Route with heavy or light traffic, Part of National or State or District Highway
    A detailed profile of violators giving their name address, age, qualifications, income sources, Employment Status (government or non government employee or Self employed business person, or professional), family size, family income level, cast and sub cast, religion, mother tongue, their origin (locals – Bangaloreans, Kannadigas, or outsiders - original State-non Karnataka etc.
    Distribution of violations (statistical Analysis region wise within Bangalore)
    Source of fund used in such violated constructions (investment of surplus funds, investment of retirement benefit received, investment of black money, etc.)
    Reason for Violations (Unaware of rules and regulations and building bylaws, Simply followed the advice of contactor or architect or friend or neighbor, Just took a chance since many others have violated in the area, People on all three sides have violated and I have no other go but to follow suite otherwise my building will not have proper look and why only I should be deprived of additional income from such act so on).
    Any Investment made in a building whether legal or illegal construction is Nations capital and therefore destruction of such construction amounts to destroying nation’s wealth. The Building bylaws are made to ensure healthy environmental conditions around the building and the inhabitants receive proper light and air and have adequate space for parking and movement of vehicles around the buildings in case of emergency. It is therefore the responsibility of Officials as well as all citizens to ensure that the rules are followed as per the building bylaw and procedures are followed during construction. However due to various reasons these are violated by some and officials allow them even though they are armed with powers to prevent illegal constructions. Neighbors of Violators cannot be expected to help prevention of such activities since they are not paid for it like officers and they don’t have powers to do so and even if they bring violations to the notice of authorities they might be victimized by the influential violators and officials. If the Government and officials expect that it is the duty of neighbors, then there is no need for official and the Government.
    Whatever has happened thus far has happened and we should not demolish such buildings unless it is necessary for Road widening and such public causes. So Akrama – Sakrama may be necessary. But then what should we do after collecting fines.
    If the Government is thinking of collecting fines by legalizing violations the beneficiary of such additional revenue accrued should be first the citizen neighbor of violator, entire road, entire locality, City and State in that order. A portion of the fine collected should go the person in the neighborhood who has not violated the building bylaw and constructed his house as per law and made reasonable effort to preserve the environment and beauty of the locality while constructing his house. A portion of the amount should be utilized for providing well lit road with footpaths and good landscaping on either side. A portion should be used for providing a multistoried car parking facility for the locality and allot the parking space on rental basis to the residents who do not have parking space but have vehicle. A portion of the revenue should be utilized to develop parks, fruit & vegetable market for the locality or for acquiring land for the construction of bus stop instead of constructing bust stops on foot paths. BBMP can use the revenue from renting parking space and shops in the market and entry fee from parks for other development activities.
    BBMP should start conducting a study and prepare a blueprint for each area and start collecting fines on its own without calling for Akrama – Sakrama Application from the Violators. In future all officers concerned should be made to lose their job at the first instance of negligence on their part and violator to lose ownership of entire property for such violations and monthly rent should be collected from them.

  2. klrao1948  on January 27th, 2010

    Those that build on their owned land, in excess/violation of their approved building plan should be removed from the Akrama Sakram Scheme.
    These voilators are partly responsible for the trafic congestion as also huge stock of residential and commercial buildings remaining vacant in the outskirts of Bangalore. For example come to Rajajinagar area. you will find 4-5 stories built on 30′x40′ plots without leaving any setbacks. This results in 3-4 cars owned by them being parked on the road commercial buildings on West of Chord Road,Service road in Shivanahalli areas built without any setbacks and encroaching the service road. The bore wells supplying water to these buildings are dug in the Service Road. Building Voilations in any area / Regions results in increased population density and creates trafic problems and more polution in that area. Dear MP Saheb how your Akrama Sakrama solves polution problem created by these law offenders. If you encourage now you will never be able to stop such voilations in future. Alrady your schemes of Sala manna for farmers is creating havocc in this country. Sala manna is not the solution. If a crop fails or the market glut results in loss for the farmer crop insurance, and past savings should take care of situation. Therefore teach the farmers about the advantage of insuraing the crops, bring all crops under insurance, dont teach them to spend money on relegious rituals or on Temples when the crop is good and they make money but teach them to save it for the future, so that in subsequent years if the srop fails they will have their own money. Dont waste money on Temples but use money to build hospitals and free health cover, educational instituions and free education up to 12th grade, Good roads with out tolls and markets. You cannot become rich by going to astrologers, wearing proper birth stones or doing shanti and homa or offering god a ratha or kirita. These will teach you only, how to bribe (harake)and get things done.

  3. BRAVO2010  on February 1st, 2010


  4. ramesh  on February 16th, 2010

    I completely agree with your outlook on Urban Poor,at times it looks like the govt is singling out the poor and making them look like a different species when they formulate policy , at the same time , there are sevaral private layouts and apartments blocks which do not have BDA approval as they were under Gram Panchayat before Greater BBMP area was developed , The KMC act calls these illegal. First the KMC act must be scrapped and gated communities and apartment blocks that take care of their water sewage hygeine and solid waste street lighting etc and dont put pressure on the BBMP resources despite paying taxes , this mobney saved can be used for urban poor rehab and reconstruction of slums. there are sevaral blocks in bangalore that can take care of their own needs even blocks in Koramangala and jayanagar wheer the upper crust live can take care of their infrastructural needs il ive in a community of 300 that takes care of its liquid waste water supply solid waste recreation[ Pool, games, recreation etc] etc at about a cost of 7 rs a sft a year and we still pay BBMP taxes.

  5. kumarsringeri  on February 23rd, 2010

    i dont no English I am kannadiga

    u r work is very well sir

  6. chaitanya_scorpio  on February 23rd, 2010

    I agree with your point of view as this is the logical and ethical thing to do in a democracy where law abiding citizens need to be supported and violators punished. I believe in you and I think you are a voice of the neutral,educated kannadiga who can inspire our state and nation.However, our confidence is taking a beating & patience running out as it appears that since inception Mr Yeddyurappa & his group don’t really want to implement any of these new urban initiatives in priority since their inception,but would rather lay a few roads to eyewash the people in voting for them during the BBMP elections. Please blog about what is the sense of the ruling government about your suggestions.

  7. Raj  on July 1st, 2010

    I need one clarification.. whether Akram-Sakram is applicable to residential house constructed in Govt land.
    We constructed house in Govt land that measurement is 650sqft. we were living in same house from past 30 years. we applied for Tittle deed.
    whether this is also regularize in this akrama sakrama schema?

  8. M.Chandra Shekar.  on July 19th, 2010

    Dear Mr.Rajiv Chandra shekar,
    I appreciate your views, but cannot be accepted. Illegality cannot be legalised to accommodate few.
    Loka Ayukta has opposed to this scheme.
    if it is really for the welfare of the poor, YES, We welcome it, but it is not so.

    M.Chandra shekar.

  9. klrao1948  on October 3rd, 2010

    Akrama can be converted to Sakrama only in case where a person has built a bulding in accordance with law but did not obtain a lisence to build or got a plan approved. After all Plan approval-permision for commecement of construction-occupancy certificate issual is only a tool to regulate scientific development of an area. If a person has build his house in accordance with the building byelaw he need not get any license or permissions. On the otherhand even if a person has obtained lecense and permissions if he has voilated building byelaw he should be punished. Punishment should not by demolishing the structure, since any asset created is nations property and it should be productively utilised. Demolishion shuld be only when such voilations create problem and irrrepairable damage to the neighbour and the society. In the present system the affected neighbour doesnit get in compensation. If a person builds a house voilating the bye law like not providing setback or 100% coverage of the plot height more than permitted etc, it is the neighbour who gets afftcted from that and not the corporation or the government. The neighbour is deprived of adequate light and ventilation from such voilations. it is the neighbour who gets in to problem because of more vehicles parked on the road side when a building byelaw is voilated and more people occupy such buildings, not the ccorporation or government. At present such voilations are becoming tools for dishonest officials to collect bribe, or governent to get more revenue by levying penalty and such revenue is used for the lavish spending of so called peoples representatives. Neighours at present do not complain in the case of such voilations because such voilators have the backing of peoples representatives or the peoples representatives are on the rolls of such voilators. Any one complaining is harrased by the government machinery including police. Nature of harasement nmay include lodging falls cases against the person complaining. We call this democracy

  10. PKondalu  on October 7th, 2011

    Rajeev - Good to see a Member of Parliament blogging about a way to shape-up the Akrama Sakrama scheme. Even though very late, I’m still taking pains to comment on it. I have few questions/suggestions though:
    1) There are exceptions to everything. Your proposal does not cover exceptions. For example, there are some layouts in and around Bangalore that have a mix of BBMP A-khata plots and B-Khata (???) plots. When BBMP expanded into these areas either the entire layout is illegal or the entire layout is legal. How is it that a portion of the layout is legal? (in these layouts the land ownership is clear and approvals were give but, khata entries are in A and B register). I don’t think these fall in type-I or type-II or type-III or type-IV.
    2) It’d be good to see some action against the engineering verification/inspection staff in the government bodies that were supposed to verify the completed building and give approval. Please try to include something in your proposal.
    3) The core corruption in the real-estate business is not just because of violations by the individuals but, also because of the system of “market value” and “registered value”. How can the government make it mandatory for making “market value = registered value”. The registered document should also have the construction plan attached to it whenever the construction happens through a supplementary document that provides extension to the sale deed of the land. All the registrars, land revenue departments, and income-tax departments should be linked through a common data exchange framework, which will reduce corruption and thus illegality of the properties.

  11. shiv  on November 22nd, 2011

    if a layout has DC conversion, (meant for residential purpose) and was under grama panchayath limits, Now comes under BBMP, BBMP is not issuing khatas to individual site owners because betterment charges are not paid. BBMP is not collecting betterment charges either. Now site owner is not able to get a plan sanctioned without khata. He will be left to construct house without a plan approval. Now this is termed illegal? Govt is responsible for all this

  12. Sree  on November 23rd, 2011

    Hi Shiv

    Rightly asked , could someone please advice on shiv point. Government agrees for Conversion and katha is not being granted or given, forget about poor people even the middle class people cannot afford a decent house in city premisis due to inflated prices.

  13. prespective buyer  on December 10th, 2011

    I have visited many under construction apartments. They all all have same kind of problem, not leaving the proper setbacks or constructing the extra floor. I do not understand why the banks issues homeloans, when it knows that the property is going to have deviations.

  14. Shiju  on January 14th, 2012

    The best way to prevent illegal construction is to order BESCOM and BWSSB to stop giving connection for those buildings which doesn’t have an occupancy certificate from BBMP. This is already in place for a long time in other states. In Bangalore, most of the apartments are deviating from the approved plans and hence they are not getting the occupancy certificate. Most of the buyers are booking the flats during the initial launch offer and hence they don’t have any control if builder makes any deviation from the approved plan…In Bangalore, even if BBMP is not given occupancy certificates, BECOM and BWSSB is giving connection and even Katha is getting issued from BBMP!!!!Laws are to make money to some people…I request all to take strict actions against the builders deviating from the plan to make profit and cheating people…

  15. K N ramachander Sastry  on February 15th, 2012

    Mr. R chndrasekhar,
    Yes. Many illegal layouts were from for the past more than 15 years.
    The gullible public have invested in these layouts aand since they are not converted lands,neither cn they sell them nor construct a dwelling pon hose house sites.
    It is a fact that many unscrupulous builders and the rich have encroached on Govt land/B D A lands and constructed apartments /residences.
    The sweep of the law very badly hurts those ,which I have mentioned above.
    The present B J P governance also looked at the aother side when many of their party indulged in this.
    But,B J P came to power three years ago.
    So,why shouild those who were conned before B J P came to power.The maximum damege gas been done by that party,which is now obstruting the passin of the Akrama-Sakrama Bill.It appeare athe bharadwaj is blind to what happened when the party to which he proudly declares his allegiance.
    Those who are in such straits where their is stuck,will suffer.
    If one gives suffering to others ,will HE be blind?
    K N R Sastry

  16. krishnaswamy  on February 18th, 2012


  17. deven  on February 24th, 2012

    I admire the valuable information you offer in your articles. I will bookmark your blog and have my friends check up here often. I am quite sure they will learn lots of new stuff here than anybody else!

  18. krishnaswamy  on March 15th, 2012


  19. anil  on March 15th, 2012

    Please let us know latest news on Akrama sakrama from high court or from BBMP

  20. Anand  on March 17th, 2012

    Sir we have own old house in padmanabhanagar.we have been here from past 20 years.since we are from very poor financial background,we got our house registered in the year 2006 after i got the job. and later on bmmp has stopped issuing A katha.
    I am planning to demolish and construct new house at the same place however due to katha problem I am not getting plan sanction and no banks is ready to give loan.Since the house is in my name I am also loosing my HRA amount and also i am unable to construct the house.Please let me know the possible solution to resolve this issue and also would like to know when BBMP will start collecting beterment charges.

  21. Lokesh  on March 23rd, 2012


    Do we have any update on Akrama sakrama when it is actually going to get implemented

    60% of the peopertyies in Bangalore falls under Un-Authorised Layouts.

    This is expected as Banaglore was Grown Rapidly over last 10 years and Government Failed to use the latest Technology to Keep Voilaters under controal.

    Thank you

  22. Prof. Mahesh  on April 23rd, 2012

    There is no akrama in these days. Everything is sakrama if building is built with in ones property. We can not be so lavish on set backs and stringent on FAR. Every inch in Bangalore costs lakhs of rupees. First reduce the cost of land in Bangalore. These by-laws were made when land in Bangalore was very cheap. Rent for a two bed room house is whopping 15,000 rupees. Middle class have live in ghettos. Thanks to the ruling of the Indians by the Indians. The housing construction activity has come to a grinding halt. Only corrupt politicians and bureaucrats will have to live in Bangalore in the days to come. There is no place for the honest, motley middle class. Khudos to our rulers.

  23. Venkat  on May 21st, 2012

    If govt really want to stop so called ‘akrama’ it should first ensure its functionalilty is ’sakrama’. As somebody above quoted 60% of the houses are illegal. What the hell was govt doing when all those properties were raising ?. Somewhere above it was suggested that only properties in about 350 sqft should be considered for sakrama. Does the person really know what it means for a decent family (husband + wife + 2 kids + parents) to live in such a box?. Majority of the population in bangalore is young working class that came here for employemet. Bangalore is living on them. Govt collects hell lot of tax and there are others who depend on these people for their own living. Now - do you expect those people to live in 350 sqft palace?. Dont you think a decent family deserves a good home for healty life ?. And do rulers really know what it consts to own a decent property (30×40) house in so called legal places ?. Can an average employee ever be able to own such a property ?.It is the govt that is handicapped and it is the root cause for all the mess that it created. Doesnt it know how the population is growing while it enjoyes increasing tax collection ?. Land even as far as 100 km from bangalore is being priced so high. When we make a rule - we need to ensure it is meaningful and more importantly feasible. As somebody recently said - Bangalore is no more a good living place. It is just a working place.

  24. Jayaprakash  on May 31st, 2012

    In the duration of akrama sakrama law being tabled to passed, a few thousand acres of precious green belt land around Bangalore will get converted into layouts overnight in gross violation of BMRDA regulations. This law should never be passed unless we want Bangalore to be called a SLUM CITY, no developer will not comply with these regulations and start selling DC converted sites, which is a bad thing for citizens and the city as there would 1000s of layouts without absolutely any amenities like parks, roads, sewage treatment plant.

    I am not making a fancy claim, if you happen to visit the outskirts today, you will practically see 100s of layouts getting formed on greenbelt land with or without conversion and with just the hope that it will get converted on Akrama Sakrama.

    As responsible citizens of this state we should also think, what is the direction this law is giving to future generations? The essence of his law to a common man is “Government can make illegal into legal so you can do illegal activities and get it regularized”. Just as Rajeev quotes in the first para, it is not the first time such a law is being made, he draws support from the fact that this is a established practice. Similarly a future legislator will draw support from Akarama Sakrama to regularize occupation of government land. If there is something that has been wrong in our history it for us correct it and not repeat the same again, instead of extending the logic and drawing support from it.

    Soon we would see 7 floor buildings coming up on 30×40 or 20×30 sites, what would happen if there is a fire or the building collapses due to safety or a electric wire touches the building. Will BBMP provide a Rs.50 lakh insurance to the families staying in such akrama buildings?

    Extending the logic, if properties can be regularized from akrama to sakrama for building violation, why not regularize layouts which have come up on government lands. Infact some developer might make cubbon park itself as a layout called as “cubbon park layout” overnight and ask for regularization!!

    This law should never come into effect and a big black spot for a state known to have been a model for India’s legislations.

  25. raghavendra  on June 16th, 2012

    we are living since 30 years in a villege of karnataka state, udupi district.we applied for akrama sakrama.but till now we did not get sakrama registration.our place belogs to a paramboku land. so please guide me sir about this problem.

  26. sarJath  on June 18th, 2012

    Could anybody provide website or information about akrama and sakrama houses in Bellary. If the akrama sakrama is given to some houses, does it become sakrama /means registered site or house in coming years? There are some properties in my neighbour hood, constructed on the roads to school Kendirya vidyala school in Ramanagar Bellary. There is news that houses will be broken soon while laying out roads, but people keep selling and buying houses in that area even though they are akrama-sakrama houses or sites. How do we find or submit questions to authorities about these actions ?is there any website for all these? anybody looks at and takes any actions?

    Bellary -citizen.

  27. Sector 99 Gurgaon  on June 21st, 2012

    Nice one, I enjoyed reading your blog. I guess I am not the only one having all the enjoyment here keep up the good work. Thank for the great post.

  28. indu  on February 8th, 2013

    i cant understand how can i get plan for house which is in b khata pls any one help and also say what is the problem if i build a house without approved plan pls help

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