The Supreme Court pointed to Gurugram as an example of how civic systems can collapse during heavy rains when drainage and sewage infrastructure fails to keep pace with construction.
“They have introduced a new provision in the Greater Bengaluru Authority Act, where they say this premium FAR can be used to regularise existing illegal constructions. The top court issued notice on the plea filed by ‘Citizens Action Forum’ and asked the Bengaluru authorities to file their response within four weeks. The bench also clarified that the additional FAR cannot be used to regularise illegal construction. The Premium FAR scheme allows property owners to purchase additional construction rights beyond the ordinarily permitted FAR by paying prescribed premium charges. The scheme aims to facilitate vertical development and generate revenue for urban local bodies. Senior advocate Aditya Sondhi, appearing for the NGO, argued that road width had effectively become the main criterion for granting premium FAR. There is a specific provision to that, and we brought this to the attention of the High Court. The High Court had dismissed petitions claiming that the scheme violated property rights and eroded the value of Transferable Development Rights (TDRs).
It made the remarks on Tuesday while hearing a plea challenging a Karnataka High Court order that upheld the state government’s Premium Floor Area Ratio (FAR) scheme and also cited Greater Noida as a contrasting example, saying it was planned keeping the next 30-40 years in mind, news agency PTI reported.
He said this could permit substantial additional construction without adequately considering Bengaluru’s existing pressure on parking, water, electricity and other infrastructure. This point has been ignored in the judgment,” the counsel said.
