Court refuses to extend stay on building demolition

Court refuses to extend stay on building demolition

The Hindu

BANGALORE: The Karnataka High Court on Wednesday declined to continue an interim stay order directing the Bangalore Mahanagara Palike (BMP) not to demolish a residential building in Koramangala.

The BMP had taken up a survey of all buildings in Koramangala following a direction from the High Court after a public interest litigation (PIL) petition highlighting the violation of building norms and illegal change in land use in Koramangala was filed.

The petitioners had listed 87 buildings, which they said, had violated the norms. The BMP had conducted an inspection and found that most of the buildings had violated the norms. Taking the BMP to task for allowing the violations, the court had directed the BMP to survey all the buildings and take remedial action.

The BMP had issued notices to owners and tenants of more than 145 buildings who had violated the buildings norms and asked them to reply within a week's time on why the violations should not be demolished. Some of the owners had moved the High Court seeking more time to respond to the notices.

A single judge had heard petitions by Syeda Sarah Nasir and others seeking more time.

The judge, in his interim order of September 30, had directed the BMP not to demolish the buildings.In its statement of objections to the petition by Nasir, the BMP said the petition was not sustainable and that she had encroached upon the setback area.

It said the violation was more than 93 per cent and it had the power to regularise violations of up to 5 per cent only.

When the matter came up on Wednesday before a Division Bench comprising Chief Justice Nauvdip Kumar Sodhi, and Justice N. Kumar, it refused to continue the interim stay although the petitioner said it would end on Wednesday.

The Bench posted the petition by Ms. Nasir and others for Thursday.