Karnataka High Court upholds Premium Floor Area Ratio scheme in Bengaluru
The Karnataka High Court has upheld the validity of the state government's Premium Floor Area Ratio (PFAR) scheme, which permits landowners and developers to obtain additional construction rights by paying premium charges. The decision is expected to facilitate vertical urban development in Bengaluru.
Floor Area Ratio (FAR) is a measure that compares the total floor area of a building to the size of its plot. Town planners traditionally use FAR to control urban density, ensuring that built-up space aligns with existing infrastructure such as road width, water supply, sewage systems, and drainage networks.
A division bench comprising Chief Justice Vibhu Bakhru and Justice C M Poonacha, in an order dated June 15, dismissed a batch of Public Interest Litigations (PILs) challenging the scheme. The court stated, “There is no material to establish that an increase in FAR would deprive the residents of their quality of life. We are unable to accept that the increase in FAR violates Article 21 (Right to Life) of the Constitution of India.”
The PFAR scheme allows developers to exceed standard building limits by paying a premium to the state government. Proponents argue that it encourages efficient land use and addresses housing demand, while critics raise concerns about increased strain on infrastructure and potential impact on residents' quality of life. The court’s ruling provides clarity on the legality of the scheme, which has been in effect since its notification.
