Unauthorized
constructions and the observations of the high court of Karnataka
12-09-2012-Reported in a section of the
press.The high court on Wednesday took the BBMP officials to task again for their alleged inaction against un authorised constructions in the city.
The high court has directed the Bruhat Bengaluru Mahanagara Palike (BBMP) commissioner to instruct the chief engineers of all the zones to collect information over unauthorised constructions and deviations in their respective zones and initiate action—both disciplinary as well as criminal prosecution—against jurisdictional officers guilty of failing to prevent the construction and file the report by September 21.
Justice Ram Mohan Reddy observed that failure to prevent the unauthorised constructions or deviations in the constructions of buildings by the jurisdictional BBMP officers has turned out to be a menace for Bangaloreans. Petitions are being filed day in and out in the high court and orders are being passed.
The judge observed that it is the stock statement of every jurisdictional officer that he was not deputed in that particular ward when the unauthorised building was erected.
One Jahagidar AA and others had filed a petition in the high court. He is the owner of a property at Ex-servicemen Colony, RT Nagar. One Prem, the owner of the property on the south of the petitioner’s property on August 18, 2009, had come to mark the location to drill borewell just a few feet from the property of the petitioner. The next day, he came with heavy vehicles to dig the borewell and started digging and damaging the compound walls.
He also started digging pits and erecting foundation pillars near the petitioner’s property. The petitioners contended that he is illegally constructing third floor, without the sanction plan. The petitioners further contended that they have complained to the officials right from the beginning, but no action had been taken.
Justice Reddy observed that the officials did not prevent the construction of the building by the owner. The judge also observed that what is not forthcoming is the issue of a completion certificate as required by Section 310 of the Act and it is not known how Prem was permitted to occupy the building.
Observing that failure on the part
of Bruhat Bangalore Mahanagara Palike (BBMP) officials had resulted in
unauthorised constructions that are a public menace, the Karnataka High Court
on Wednesday directed the BBMP Commissioner to initiate action against those
who condoned such violations.
Justice Ram Mohan Reddy issued the
direction while hearing a petition complaining about construction of a building
in R.T. Nagar in violation of the sanctioned plan and building byelaws.
Data and action
The court directed the
Commissioner to instruct the Chief Engineers of all the zones to collect data
on the unauthorised constructions and — both encroachments and byelaw
deviations — and then initiate disciplinary and criminal action against the
jurisdictional officials who had failed to prevent such illegalities.
The sought a report from the
Commissioner in this regard by September 21.
“Failure to prevent unauthorised
constructions or deviations in constructions by jurisdictional officers has
turned out to be a menace to citizens. Several petitions are being filed
complaining about such illegal constructions and action is initiated only after
the court issues directions,” Justice Reddy observed.
The court also pointed out that
whenever such petitions are filed, the usual reply by the jurisdictional
officials is that they were not in charge of the area at the time of the
construction.
The court was dealing with the
petition, filed by one Jahagirdar A.A., a resident of Ex-Servicemen Colony in
R.T. Nagar. The petitioner complained that one Prem Prakash Gupta was able to
construct a building in violation of byelaws and sanctioned plan despite complaints
submitted to the BBMP officials.
On a court directive, the BBMP’s
jurisdictional engineer, who inspected the building, told the court the terrace
floor was constructed with 294 per cent deviation and that there was about 40
to 50 per cent overall deviation from the setback norms.
