10% to 50% of guidance value penalty for illegal Bangalore Development Authority sites regularisation

BENGALURU: The state government on Thursday notified the BDA illegal construction regularisation scheme, by bringing an amendment to the Bangalore Development Authority (BDA) act of 1976.
As per the notification, BDA land which was initially part of its development scheme but is in unauthorised possession of people for 12 years or prior, will be regularised on payment of a penalty.
The regularisation penalty ranges between 10 to 50 per cent, depending upon the site dimensions (table below).
For corner sites, the penalty will be double the penal rates for the respective dimension sites.
Regularisation of sites will be limited to only 4,000 sq ft or 50x80 dimensions.
The amendment clearly states those land parcels reserved for parks, playground, open space or for providing civic amenities, affecting the alignment of any road or proposed ring road, National Highways, by-pass road or mass rapid transit system (rail) projects, abutting to or upon a storm water drain, tank bed area, river course or beds or below high tension electric lines and whose possession for more than 12 years has litigations or interrupted possession by virtue of interim order of court will not be regularised.
For the regularisation process, those who want to regularise their properties have to pay the fee as may be prescribed and also produce copies of supporting documents to prove their possession and construction.
The documents prescribed are sale deed, approved building plans, electricity and water supply connection, property tax receipts or any other such document to establish possession and construction.
Further, the government has also added a deterrent clause that no other member of the family of the original possessor of the land shall be entitled to apply or seek benefit of regularisation.
It may be recalled that the state government had passed the order to regularise as many as 75,000 constructions on BDA land in Bengaluru.
While it is still debatable over whether the regularisation process will stand legal scrutiny, the government has decided to issue the orders based on “humanitarian” considerations.
Table for regularisation:
Up to 20x30 sqft: 10% of the guidance value
More than 20x30 and up to 30x40: 25% of guidance value
More than 30x40 and up to 40x60: 40% of guidance value
More than 40x60 and up to 50x80: 50 % of guidance value