Blow to govt as Guv sends back bill on increased FAR

In a blow to the Congress-led government, Governor Thaawarchand Gehlot has returned the amendment to the Karnataka Town and Country Planning (KTCP) Act, which proposes an increased premium floor area ratio (FAR).

The governor has also raised at least 16 questions and reminded the government that a similar proposal had been rejected by former Chief Minister Basavaraj Bommai in January 2023.

The amendment, approved by both the Legislative Assembly and the Council in February this year, was sent to the Governor for assent. Based on concerns raised by the Citizens’ Action Forum (CAF) and unnamed RTI activists, the Governor has instructed the government to re-submit the file by providing clarifications to a set of questions.

Three of the key questions include: One, the act fails to specify which roads and neighbourhoods will permit high-rise buildings in exchange for the premium fee.

Two, there is ambiguity about whether the increased FAR can be applied to existing structures.

And, three, potential impact on the transferable development rights (TDR) scheme, which was issued for acquisition of land for public works.

Additionally, Gehlot has expressed concerns that the amendment could be an attempt to reinstate the controversial ‘Akrama Sakrama’ Bill, which the Supreme Court of India had stayed in January 2017. He argues that the amendment does not safeguard existing illegal buildings from receiving additional FAR, raising fears that it might be used to legitimise unlawful constructions.

Gehlot also sought clarification on whether the premium FAR might intensify Bengaluru’s water scarcity, traffic congestion and flooding. He criticised the government for not providing sufficient details on stakeholder consultations or explaining the amendment’s benefits for both the state and the people of Bengaluru.

Bengaluru’s legislators remain divided over the amendment, though the Confederation of Real Estate Developers’ Associations of India (CREDAI), a leading real estate developers’ body, supports it. Deputy Chief Minister DK Shivakumar has stated that the amendment could generate an additional Rs 500 crore revenue for Bengaluru’s municipal corporation.

Developers favour the premium FAR over the TDR, as it can be acquired more easily by paying 40 per cent of the guidance value without bureaucratic obstacles.