The Karnataka High Court on Tuesday (October 27) warned that non-compliant paying guest (PG) accommodations in Bengaluru could face sealing for failing to rectify serious safety and statutory violations, while granting the petitioners one week to submit an affidavit specifying a timeline for compliance.

Justice Suraj Govindaraj observed that the Court had exercised restraint because sealing PG accommodations could cause hardship to thousands of students and employees who depend on them for accommodation, besides affecting businesses and employers in the city.

The bench observed that Bengaluru did not have enough hotels to accommodate the thousands of people living in PGs, many of whom had moved to the city for work in the software industry.

During the hearing, counsel for the petitioners sought more time to comply with the Court's September 10 order, whereby comprehensive set of guidelines were issued to regulate, inspect, and enforce safety norms for PGs.

Expressing displeasure over the failure to rectify the violations, the Court told the petitioners' counsel:

“You are a paying guest accommodation, you are required for people, but not in the way you're running it now. If you don't rectify it, not only you are in trouble, people working in Bangalore are also put to trouble. How many times have we to tell you to rectify this?”

The Court noted the submission made by the Greater Bengaluru Authority (GBA) that nearly 50% of PG accommodations were allegedly non-compliant, illegal or unauthorised, and urged the operators to regularise their establishments.

The Court further observed that it had given the operators considerable time to rectify the defects but they had failed to act.

“These are different matters… here it is the people who are working in Bangalore staying there… we are giving them a long rope so they rectify the defects… they are not rectifying though, that's the problem… not only you will be in trouble, so many people, employers and businesses will be in trouble… that is why we are not pushing for sealing,” the Court said.

Petitioners' counsel has now been directed to file an affidavit by November 4 setting out a realistic timeline for compliance. The Court said that priority should be given to safety-related requirements, including security, CCTV cameras, water facilities, fire equipment and food safety, while other requirements could be addressed within a reasonable period.

“Don't be greedy and ask for a long time, be reasonable,” the Court told the petitioners, adding that it would ask the authorities to hold off action until the proposed timeline, provided it was reasonable.

The Court also noted that the GBA now had additional personnel who could undertake sealing operations in different zones with police assistance.

Advocate B.S. Karthikeyan, appearing for the GBA, informed the Court that the authorities were ready to disconnect services to non-compliant premises. He also submitted that the GBA and its constituent corporations were prepared to seal PG accommodations operating in violation of applicable norms and the Court's directions.

When the Court asked whether the PG owners' association was a party to the proceedings, it was informed that only four PG accommodations were petitioners in the case.

In view of this, the Court clarified that the GBA and its constituent corporations were free to take action against PG accommodations that were not parties to the proceedings but continued to operate in violation of applicable norms.

The Court accordingly granted the petitioners one week's time to file the affidavit indicating when compliance would be completed and listed the matter for November 4.

Background

The proceedings originate from a petition concerning notices issued by the Bruhat Bengaluru Mahanagara Palike (BBMP) to PG accommodation operators over alleged trade licence violations.

The High Court had earlier issued comprehensive directions to regulate PG accommodations in Bengaluru after being informed of large-scale operations allegedly lacking the requisite statutory approvals and safety measures.

On September 29, the GBA had informed the Court that notices would be issued to all non-compliant PG accommodations across Bengaluru. The authorities had also informed the Court that after the stipulated period, the Bangalore Electricity Supply Company Limited (BESCOM), the Bangalore Water Supply and Sewerage Board (BWSSB) and other service providers would discontinue services to buildings housing non-compliant PG accommodations.