BMP told to submit report on violation of building norms

BMP told to submit report on violation of building norms

The Hindu

Government restrained from permitting change in land use

BANGALORE: Expressing concern over the violation of building norms, change in land use and deviations from the sanctioned plan, the Karnataka High Court on Friday directed the Bangalore Mahanagara Palike (BMP) to undertake a survey of all the buildings in Koramangala and submit within November 7 an action taken report (ATR).

Noting that almost all the buildings, pointed out by the petitioners and surveyed jointly by the BMP and the Bangalore Development Authority (BDA), had shown violations, the court asked the BMP to take action to set right the deviations.

The court also restrained the State Government from permitting any change in land use in Koramangala. It directed the BDA and the Government to furnish within two weeks a list of buildings in Koramangala where change in land use had been allowed from April 1, 2005.

A Division Bench comprising Chief Justice Nauvdip Kumar Sodhi and Justice N. Kumar passed the interim order on a public interest litigation (PIL) petition by several residents of Koramangala alleging blatant violations of building norms, illegal change in land use and deviations from the sanctioned plan in the area.

The petitioners had listed 87 violations in several blocks of Koramangala and said repeated representations to the authorities to take action had fallen on deaf ears. They said restaurants and other establishments had encroached upon footpaths and commercial buildings had come up on residential sites.

Violations

The proceedings began with the Bench asking BMP Commissioner Jothiramalingam what steps he intended to take in respect of 87 buildings. Mr. Jothiramalingam said he took over as the BMP Commissioner on July 2004 and that the violations in Koramangala came to his notice after the PIL was filed. He said till now the BMP had issued 2,000 notices after coming to know of the deviations.

When the Bench sought to know how much time the BMP required to set right the deviations in 87 buildings, Mr. Jothiramalingam said certain violations were permitted in zonal regulations. However, violations in the Floor Area Ratio (FAR) could not be permitted under the Town and Country Planning Act and the BMP would issue notices. Once these violations were established, the BMP would lock the premises.

Mr. Jothiramalingam said the BMP would require 90 days as several procedures would have to be followed before taking steps to demolish buildings that violated norms. The Bench observed that it would give three months to the BMP to set right the violations in 87 buildings.

When counsel for BMP pointed out that some of the buildings belonging to the petitioners violated norms, the Bench said it would direct the BMP to inspect such buildings first and take action.