The State Cabinet's formal approval of regularization of unauthorized housing layouts and violations of building by-laws upto 50% (domestic) and 25% (commercial) buildings highlights the ineffectiveness of urban governance in Karnataka. If laws could not be enforced over decades, successive governments have clearly failed, or the law itself was inappropriate. However, the penalty intended to now be levied cannot compensate for loss of tax revenue over the many years when CR was not issued and tax not recovered. It also makes citizens who have not committed violations and paid tax, appear like honest fools. Thus, regularization sends the message that breaking laws and by-laws can be compensated by payment of money, that it can be profitable to break the law for a price (it is also well known that there are cheap ways to avoid paying heavy penalties), and that the law is meant to be adhered to by fools. It appears that earning revenue is the most important if not the only consideration for urban governance.
Nevertheless, even this if-you-can't-lick-'em-join-'em formal abdication of governance powers has to be thorough, so as not to create loopholes that may be exploited in future by potential law-breakers. As the press reports are understood, there are two unanswered questions in the Cabinet decision. One, what guidance has the Cabinet given to the ULBs in regard to those violators who do not respond to the offer of regularization because, for example, they cannot afford the large sums of penalty money? Two, what guidelines have been provided to ULBs to control unauthorised housing layouts and by-law violations starting from the cut-off date of 03 December 2009? Or is 50% (domestic) and 25% (commercial) the starting point for on-going and future constructions, and will unauthorized housing layouts be permitted and regularized in due course for a consideration at the operating level, of course?
The above questions and the unabated, irregular on-demand change of land use being permitted by MUDA in spite of MGP's frequent notices to MUDA over several years need to find place in the on-going discussions on urban planning. But are our elected representatives aware of these issues?
Maj Gen S.G.Vombatkere, President, Mysore Grahakara Parishat