Full Breakdown
Supreme Court Bars Karnataka’s Premium Floor Area Ratio (FAR) Scheme from Regularising Illegal Buildings
By Drooid · · How we work
Core Event
On a Tuesday hearing, a three-judge bench of the Supreme Court—Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana—issued an interim order directing the Karnataka government to refrain from using the Premium Floor-Area-Ratio (FAR) scheme to regularise unauthorised constructions. The bench also required the state to file a counter-affidavit within four weeks, and held that any clearance of Premium FAR will remain subject to the final outcome of the petition filed by the NGO Citizens Action Forum.
Background & Context
The Premium FAR scheme, introduced under Section 18-B of the Karnataka Town and Country Planning Act, 1961 in April 2025, allows developers to purchase additional construction rights by paying a premium charge. Proponents argue that the scheme enables vertical growth in a city with limited land, with the extra revenue earmarked for a dedicated infrastructure fund. On June 15, the Karnataka High Court upheld the scheme’s constitutional validity, rejecting claims that it violated property rights.
Critics contend that the scheme effectively makes road width the sole criterion for granting extra floor space, risking over-burdening Bengaluru’s already strained civic services—parking, water supply, electricity and sewage. Senior advocate Aditya Sondhi, representing Citizens Action Forum, warned that the policy could be misused as a backdoor to regularise illegal buildings, likening it to the controversial Akrama-Sakrama scheme.
Official Statements & Responses
The Supreme Court bench expressed deep scepticism about the state’s infrastructure record.
The state government defended the policy, emphasizing that the additional FAR is capped at 0.6 of the original FAR and does not waive mandatory parking or setback requirements. It also highlighted that revenue collected is directed to a dedicated infrastructure fund, arguing that vertical expansion is the only viable solution given limited urban space.
Criticism & Opposition
Citizens Action Forum, through senior advocate Sondhi, argued that the scheme’s reliance on road width ignores Bengaluru’s “nightmarish” traffic congestion and existing infrastructure deficits. The NGO warned that allowing developers to add multiple storeys without commensurate upgrades would exacerbate shortages of parking, water and sewage capacity, ultimately burdening residents.
Data & Statistics
- Scheme introduction: April 2025 under the Karnataka Town and Country Planning Act, 1961.
- Additional FAR limit: capped at 0.6 of the original FAR.
- Infrastructure fund: premiums collected are earmarked for a dedicated fund.
- High Court validation: June 15, 2024, Karnataka High Court upheld the scheme’s validity.
Verbatim Quotes
- “No unauthorised construction which is governed by that Akrama-Sakrama will be regularised under this scheme. It has nothing to do with that. Kindly record my statement,” — Tushar Mehta
- “It is not that new roads have been constructed, new sewer lines have been provided, new bus flyovers have been multiplied, or all these things. So it is going to be... How this system collapses if any natural calamity comes. Because without adding to this infrastructure, you are burdening the size of the plot with multiple stories,” — Justice Kant, chief
What’s Next
The Supreme Court has ordered Karnataka to submit a counter-affidavit within four weeks. The final disposition of the Premium FAR scheme will depend on the court’s ultimate judgment in the petition, which remains pending.