Supreme Court: Karnataka Premium FAR Prohibited for Illegal Construction

• The Supreme Court has issued an interim order preventing the use of Karnataka's Premium FAR scheme to regularise unauthorised constructions.
• The directive also states that any Premium FAR clearances are subject to the final outcome of the ongoing petition.
• The plea challenges the scheme, introduced under Section 18-B of the Karnataka Town and Country Planning Act, which allows developers to purchase additional floor space.
• Petitioners argue that the scheme, by focusing solely on road width, overburdens Bengaluru's fragile civic infrastructure.
• Concerns were also raised that the scheme could be misused to regularise illegal structures.

The Supreme Court has explicitly directed that the Premium FAR mechanism must not be utilized for the purpose of regularizing constructions deemed unauthorized.

India's Supreme Court has issued a significant interim directive to the Karnataka government, prohibiting the use of its Premium Floor Area Ratio (FAR) scheme for the regularisation of unauthorised constructions. This order came during proceedings on a plea challenging the state's Premium FAR initiative. A three-judge bench, comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana, also stipulated that any clearances granted under the Premium FAR scheme would be contingent upon the final judgment in the ongoing petition.

The apex court has formally issued a notice to the Karnataka government regarding the challenge to the Premium FAR scheme. The state has been given a four-week period to submit a counter affidavit in response to the allegations. This interim injunction marks a critical development in the legal battle surrounding urban development regulations in Karnataka, particularly concerning the regularisation of illegal constructions.

The directive specifically targets the practice of leveraging the Premium FAR mechanism to legitimize structures built without proper authorisation. The Supreme Court's intervention underscores concerns about potential misuse of the scheme and its broader implications for urban planning and adherence to building codes. The case, titled Citizens Action Forum v. State of Karnataka, now awaits further hearings after the state files its response.

The petition brought before the Supreme Court directly contests the Premium FAR scheme, which was introduced by the Karnataka government under Section 18-B of the Karnataka Town and Country Planning (KTCP) Act. This legislative provision allows property developers to acquire additional floor space for their projects by paying premium charges to the state. The scheme's underlying principle is to enable increased density in urban areas, theoretically contributing to planned development.

However, the validity of this scheme has been a subject of contention. In June, the Karnataka High Court had previously affirmed the legality of the Premium FAR provisions. This High Court decision is now the subject of the appeal before the Supreme Court, indicating a persistent legal challenge to the state's approach to urban development and construction norms. The current Supreme Court proceedings represent a higher judicial scrutiny of the scheme's implementation and its potential ramifications.

During the Supreme Court hearing, Senior Advocate Aditya Sondhi, representing the petitioner, articulated significant concerns regarding the Premium FAR scheme's practical application. Sondhi argued that the scheme has effectively reduced the criterion for granting Premium FAR solely to road width. This narrow focus, he contended, fails to account for the broader impact on urban infrastructure.

The senior counsel further highlighted that this approach places an undue burden on Bengaluru's already strained civic infrastructure. He pointed out that the city's existing public services and utilities are fragile, and an increase in construction density based primarily on road width could exacerbate these issues. Additionally, Sondhi raised alarms about the potential for the scheme to be exploited, suggesting it could be misused to regularise illegal structures under the provisions of the G, a point that underscores the broader challenge of unauthorised construction regularisation in India and its impact on Bengaluru's infrastructure.

The Supreme Court's interim order carries substantial implications for urban development practices in Karnataka, particularly concerning the Karnataka Premium FAR scheme challenge. By explicitly barring the use of Premium FAR for regularising unauthorised constructions, the court has signaled a clear intent to prevent the legitimisation of illegal structures through this mechanism. This directive is crucial for maintaining the integrity of urban planning regulations and ensuring that development adheres to established legal frameworks.

This legal development means that any ongoing or planned reliance on the Premium FAR scheme to regularise structures built without proper permissions is now suspended. The outcome of the Citizens Action Forum v. State of Karnataka case will ultimately determine the long-term fate of the Premium FAR scheme and its role in urban planning. The Supreme Court's decision to issue notice and impose an interim stay reflects the gravity of the concerns raised about the scheme's potential to undermine planned development and overburden Bengaluru's infrastructure.

Lawyers advising developers or property owners in Karnataka must inform clients that the Supreme Court has issued an interim directive prohibiting the use of the Premium FAR scheme for regularising unauthorised constructions. This means any current or planned reliance on Premium FAR for such regularisation is suspended, and clients should adjust their development and compliance strategies accordingly until the final judgment.

Source: Original reporting via legal news sources