Karnataka High Court Rules Premium FAR Scheme Is Not Akrama Sakrama
The Karnataka High Court has upheld the state's Premium Floor Area Ratio (FAR) scheme, ruling that it is fundamentally distinct from the controversial Akrama-Sakrama scheme meant for regularising unauthorised constructions in Bengaluru. A division bench of Chief Justice Vibhu Bakhru and Justice CM Poonacha dismissed a public interest litigation and a connected writ appeal in a judgment delivered on June 15.
The bench clarified that the Premium FAR scheme differs from Akrama-Sakrama because it uniformly alters development regulations instead of legalising illegal structures.
According to the court, the Akrama-Sakrama scheme is intended to regularise unauthorised constructions or land-use conversions upon the payment of specified charges. In contrast, the Premium FAR scheme merely increases the extent of permissible construction under existing zonal regulations in return for a premium payment.
The judges pointed out that the substratum of the Premium FAR scheme is to amend the extent of permissible constructions under zonal regulations rather than regularising unauthorised works. They noted that the scheme benefits new developments as well as existing buildings that were originally constructed in accordance with the law. Owners of legally built structures can now undertake additional construction after obtaining the necessary approvals.
While acknowledging that owners who had previously exceeded permissible limits could bring their structures into conformity by acquiring Premium FAR, the bench clarified that this process cannot be treated as the legalisation of illegal constructions. The court observed that merely because a construction in excess of the earlier limit stands regularised by the enhancement of the limit, it cannot be assumed to be a scheme for regularising illegal constructions.
Additionally, the court rejected contentions that the Premium FAR scheme would make Transferable Development Rights (TDRs) redundant. Referring to a 2026 government notification, the bench noted that Premium FAR is unavailable for plots abutting roads that are wider than 9 metres but less than 12 metres.
For developments on such roads, builders seeking an additional FAR of 0.6 times the base FAR must obtain it entirely through purchasing TDRs from existing holders. Data presented to the court indicated that 85,000 of Bengaluru’s 1,08,240 roads fall within this specific category, ensuring that demand for TDRs will remain in the city.
