Building plan violation: Bench slams BMP for inaction

Building plan violation: Bench slams BMP for inaction

The Hindu

HIGH COURTROUND-UP Koramangala residents file a public interest litigation petition; Commissioner asked to appear before court today

BANGALORE: Taking to task the Bangalore Mahanagara Pailke (BMP) for building violations and illegal constructions in Koramangala, the Karnataka High Court on Thursday directed BMP Commissioner to be present in court on Friday to explain when the violations came to his notice and what remedial steps had been taken in this regard.

The court was hearing a public interest litigation petition by Vijayan Menon and other residents of Koramangala challenging the growing commercialisation of the locality, violations in building bylaws and encroachments. They said the unchecked commercialisation had increased traffic density, reduced road space and led to haphazard parking of vehicles.

Representations ignored

They said several representations had been given to the authorities against illegal constructions and violations of building bylaws in all the nine blocks of Koramangala but to no avail.

They listed 87 violations and urged the court to take cognisance of them.

They said many such buildings had come up without change in land use. In some cases, restaurants and other establishments had encroached on footpaths. Buildings on residential plots and in residential zones had been illegally converted into commercial category.

Joint inspection

On June 23, the court had taken a serious view of alleged deviations from building bylaws, sanctioned plans, unauthorised change in land use and encroachments and directed the Bangalore Development Authority (BDA) and the BMP to inspect jointly such properties and submit a report to it.

When the matter came up, a Division Bench comprising Chief Justice Nauvdp Kumar Sodhi and Justice N. Kumar took on record the report and affidavits by the BDA and the BMP.

The Bench was told that all the 87 buildings surveyed had shown violations and that the BMP had decided to take up a survey of the entire locality.

Expressing concern over the violations and the inaction of the authorities in acting against such violators, the Bench indicated that this was just the beginning and sought suggestions on taking further steps. The BMP said Koramangala comprised eight blocks and the BDA, which developed the layout, handed over three blocks in 1985 and five in 1996.

It said buildings had come up when the area was handed over. It said deviations would be taken note of as and when they occurred.

Timeframe

The Bench asked the BMP when the unauthorised constructions would be removed and wanted a timeframe.

It said the structures had been built in violations of norms and were liable to be pulled down. How soon could this be done, it asked and sought to know when the deviations came to BMP's notice. The BMP said as per the KMC Act, it will first have to issue show cause notice and act only after it received a reply.

Land misused

The Bench said the survey showed that all the 87 buildings had either violated building norms or were being misused for commercial purposes.

It said on a specific query made by it, counsel for BMP was unable to inform the court about the time required for removing the unauthorised constructions. It directed the BMP Commissioner to be present before it on Friday.