Supreme Court bars use of premium FAR to regularise unauthorised constructions in Karnataka

India's Supreme Court has ruled that the Premium floor area ratio scheme in Karnataka cannot be used to regularise unauthorised constructions, issuing an interim order on a petition by Citizens Action Forum. The court noted that the scheme, which allows developers to buy extra floor space, could bur

The Supreme Court of India on Tuesday ruled that the Premium floor area ratio (FAR) scheme should not be used to regularise unauthorised constructions in Karnataka. The scheme, introduced in April 2025 under the Karnataka Town and Country Planning Act, allows developers to purchase additional floor space after paying premium charges to civic authorities.

Ordering notice to the Karnataka government on a petition by Citizens Action Forum, a bench comprising Chief Justice of India Surya Kant, Justices Joymalya Bagchi and V Mohana passed the interim order. The court added that the clearance of premium FAR will be subject to the final outcome of the petition and directed the respondents to file counter-affidavits.

The petitioners argued that since road width has effectively become the sole criterion for granting premium FAR, the yardstick overburdens Bengaluru's already fragile civic infrastructure. Referring to Greater Noida, where planned development has taken place, the Chief Justice said priority should be given to basic amenities. Justice Bagchi acknowledged Bengaluru's traffic nightmare, a concern raised by the petitioner organisation.

On June 15, a division bench of the Karnataka High Court, headed by Chief Justice Vibhu Bakhru, had upheld the scheme's validity, observing that the premium scheme is not akin to the Akrama Sakrama scheme, as contended by the petitioners. That decision is now under challenge.

The state government rejected allegations that the policy serves as a backdoor for regularisation, insisting that no unauthorised construction governed by Akrama Sakrama will be regularised under the premium FAR scheme. According to the government, the additional FAR is capped at 0.6 of the original FAR and does not waive mandatory parking or setback regulations. The revenue collected under the scheme is funnelled into a dedicated infrastructure fund.

However, the bench noted that considering the track record of builders in the country, there is no visible improvement in basic infrastructure. “It is about how this system collapses in natural calamities. Without adding to the infrastructure, you are burdening the size of the plot with multiple storeys. The builders disappear from the scene once the buildings are constructed. Only the families who will be living there will have the miseries of life,” the Chief Justice orally observed.