Karnataka High Court Issues 'Preventive Measures' To Be Adopted By BBMP To Curb Unauthorised Constructions

The Karnataka High Court has issued general directions to the Bruhat Bengaluru Mahanagara Palike (BBMP) suggesting preventive steps to be taken so that new constructions are not carried out in violation of building plans.

A single judge bench of Justice Suraj Govindaraj took on record the office order dated 27.07.2023 issued by the Chief Commissioner to all the officers enclosing the flowcharts showing stages of action to be taken for removal of violated portion and demolition of unauthorised construction, as also the table showing the timeline for officers for taking action for unauthorised construction.

Court noted that a methodology is proposed to be adopted by the Corporation in respect of unauthorised construction. However, it said what is of importance is the preventive steps taken so that the constructions are not in violation. Thus it issued the following general directions:

1) Before grant of any plan sanction, when an application for plan sanction is made, the Corporation authorities to secure the contact details of the applicant, the Architect and Supervisor of construction, including the complete postal address (both residential and official), mobile number, e-mail ID, Whatsapp number, telegram number etc.

2) Once the plan is sanctioned, periodical inspection to be conducted once in 30 days by the concerned Ward Officer/Engineer and a report be filed in relation to such inspection being carried out, to ascertain if the construction is as per the plan sanctioned and report to be filed detailing out the nature of inspection carried out, the compliance with plan sanctioned or violation of the plan sanctioned.

3) In the event of there being any violation, notice to be issued immediately to the owner/builder or the person who has obtained the plan sanction notifying the deviation and calling upon him to remove the said deviation, in terms of Section 248 of the BBMP Act, 2020.

4) BWSSB and BESCOM database to be integrated with the BBMP database.

5) Intimation to be given to concerned officers of BBMP whenever there is any electricity connection sanctioned temporarily or permanent, water connection sanctioned temporary or permanent, which can be cross checked with the database of BBMP to ascertain if there is plan sanction in respect of that particular property which has been issued.

6) If there is no plan sanction which has been issued, necessary inspection to be carried out by the Officers of the BBMP, notices to be issued calling upon the owner to produce the sanction plan, if not so produced to take necessary action under Section 248 of the BBMP Act.

7) The details of all plan sanctions, electricity connection sanctions, water connection sanctions, inspection reports, notices issued and any action taken by the BBMP in respect of the particular property to be uploaded on to the website of the BBMP.

8) BBMP to maintain a database of the BBMP so as to enable the verification thereof by all the concerned officers.

9) BBMP to mandate that the owners/Architects/ Supervisors of the construction, file affidavits after completion of foundation and footing that the said foundation and footing is in accordance with the plan sanctioned.

10) Affidavits to be filed after construction of columns certifying that the construction of columns is as per the plan sanctioned.

11) Affidavit to be filed after the roof of each floor is put up certifying that the construction is in terms of the plan sanctioned.

12) In this regard, it be mandated that irrespective of the above milestones being reached or not, affidavits to be filed every three months that the construction as on that date is in terms of the plan sanctioned.

The court has asked the Chief Commissioner to file a compliance report in regard to the above directions within a period of 60 days.

The court gave the directions while disposing of a petition filed by one Kushal Ram Reddy, who had approached the court claiming that respondent No.5 (C. Shashi Kumar), without obtaining the plan sanction, in violation of the building bye-laws, was putting up construction by encroaching the public road.

The field inspection report dated 1.09.2023, filed on directions of the court, ex-facie indicated that there is violation of plan sanction with considerable deviation.

Following which the corporation submitted that notice under Section 248 (1)(2) of Bruhat Bengaluru Mahanagara Palike Act, 2020 has already been issued to respondent No.5. The confirmatory order under Sub-Section (3) of Section 248 of the Bruhat Bengaluru Mahanagara Palike Act, 2020, has been passed, which has been challenged before the Chief Commissioner.

On considering the same the court said “In view of the grievance of the petitioner having already been addressed by issuance of confirmatory order Sub-Section 3 Section 248 of the BBMP Act, which is now pending consideration in appeal before the Chief Commissioner, depending on the outcome thereon, the concerned officers of the Corporation are directed to take action in terms of the office order dated 27.07.2023. Writ petition is disposed of accordingly.”

Appearance: Advocate Naga Reddy V for Petitioner.

Advocate Sanjeev B L For R1 TO R4.

Advocate K Chandramohan for R5.

Citation No: 2024 LiveLaw (Kar) 57

Case Title: Kushal Ram Reddy AND Bruhat Bengaluru Mahanagara Palike & Others

Case No: Writ Petition No 11261 of 2023.

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