While the Bruhat Bengaluru Mahanagara Palike (BBMP) will soon bring a self-declaration scheme for building plan approval, experts and architects argue that the government has to amend the Bruhat Bengaluru Mahanagara Palike (BBMP) Act, 2020 to implement this policy.
Recently, Deputy Chief Minister and Bengaluru Development Minister D.K. Shivakumar said the policy will be tweaked to empower BBMP empanelled architects to self-declare the plan based on building by-laws, after which on the basis of “trust and verification model” the Town Planning Department will approve the same without inspecting the sites. The sources in the civic body say that this may be introduced next month.
At present, citizens who wish to construct or reconstruct buildings have to apply for approval after which the BBMP will inspect the site and grant sanction for the plan. Although the BBMP claims that the process is carried out digitally, the plans are being approved offline.
An empanelled architect said the BBMP Act, 2020 needs to be amended for self-declaration building plans. Changes should be made to rules and guidelines under section 240 of the Act.
According to 240 (1), “If any person intends to construct or reconstruct a building, he shall by way of an application as prescribed should apply to the Zonal Commissioner for permission with such documents as may be prescribed to undertake such construction or re-construction.”
As per 240 (2), “Upon receipt of the application under sub-section (1), the Zonal Commissioner shall verify if the application confirms to the building bye-laws and grant permission to undertake construction or if the application does not confirm to the building bye-laws reject such applications”.
In these sections, the rules should be changed to include self-declaration. Mr. Shivakumar said a government order will be passed to introduce the new policy. The architect said the government order has no legal binding.
Amaresh S., an activist talking to The Hindu, also argued that the orders cannot be passed without an amendment to the law. For the amendment to happen it needs approval from the Cabinet. The BBMP has not sent any proposal. If the Urban Development Department issues orders the same can be challenged in the court, he said.
A senior BBMP official however argued that the present system of approval is an internal arrangement made by the BBMP and this can be changed through a government order. There are multiple instances of policy being changed through a government order and this is not a new practice, he said.
