The Supreme Court has halted the Karnataka government’s Premium Floor Area Ratio (FAR) scheme, directing that the additional floor space credit cannot be used to regularise unauthorised constructions.
Stay on Premium FAR
A Bench led by Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana issued the order on Tuesday in response to a plea filed by the Citizens Action Forum.
The petition challenges the scheme introduced under Section 18-B of the Karnataka Town and Country Planning Act. This provision permits developers to purchase extra floor space by paying premium charges.
The legality of the policy was previously upheld by the Karnataka High Court in June. The matter now rests with the Supreme Court.
Infrastructure concerns
Senior Advocate Aditya Sondhi argued that the policy overburdens Bengaluru’s fragile civic infrastructure, stating that road width has become the sole criterion for granting Premium FAR.
Sondhi also warned that the scheme could be misused to regularise illegal structures under the Greater Bengaluru Authority framework. He likened it to the controversial Akrama-Sakrama scheme.
Mehta defended the policy by noting that the additional FAR is capped at 0.6 of the original FAR. He argued that the scheme does not waive mandatory parking or setback regulations.
The Bench stressed that basic amenities should come first, noting that the Greater Noida infrastructure is far better and takes care of the next 50 years, 60 years, and 100 years’ requirements. There, if you permit a liberal approach to go for multi-storey, nobody will mind it because infrastructure takes care.
