BENGALURU: Instead of directing for demolition of a structure only on account of building plan sanction not obtained, Bruhat Bengaluru Mahanagara Palike (
BBMP
) has to consider if there is any violation of building bylaws and pass necessary orders thereafter.
Justice
Suraj Govindaraj
has made this observation while disposing of a batch of petitions filed by owners of sites formed in
Remco
(BHEL) Layout, Bengaluru.
The site owners had challenged the notices issued by BBMP, claiming that a compound wall and a shed was constructed in the property to secure the same from encroachers and trespassers. They contended
Mirle Vardaraj
and his relative Manjunath colluded with land owners and BBMP officers to usurp their lands and even khata was not restored despite submission of supporting documents.
After perusing the provisions of the Karnataka
Municipal Corporations
Act and the BBMP Act, Justice Suraj Govindaraj said merely stating that the construction is illegal without detailing the illegality in sufficient detail would not be in compliance with the requirements of 321(1) of the Municipal Corporations Act-1976 which was applicable to Bengaluru or that under the present section 248 (1)of the BBMP Act-2020.
"Whenever authorities were to pass confirmatory orders for demolition under relevant laws, it would be required to consider any violation of the building bylaws. If there is no violation, the BBMP may issue necessary building/sanction plans to enable regularisation of the building, directing to make payment of property tax along with due penalty from the date on which the construction was made without obtaining the plan sanction," the judge added.
Chief commissioner to probe
On the allegation of collusion between officials and private parties, the court said the chief commissioner will have to initiate an inquiry.
"Though
Mirle Varadaraj
and Manjunath and others may or may not have a valid claim over the property, the officers (BBMP) cannot act contrary to the law at the behest of the private party. They would have to comply with the principles enshrined in Article 14 of the Constitution and treat everyone equally. They cannot be treated as a pawn or a stooge of private parties and act on their behalf. BBMP has been established to serve the interests of the citizens and not a few powerful persons. The officials are required to act in accordance with law, failing which the law will have to take steps to bring them in conformity with law," the judge observed.
English (US) ·