BMP issues notices to hotel owners in Koramangala

BMP issues notices to hotel owners in Koramangala

The Hindu

288 deviations identified, survey of 269 properties completed

# BMP files action-taken report and an affidavit before the High Court
# Provisional notices issued to tenants and landlords of 50 buildings
# The civic body asked to file caveats in lower courts
# All cases pertaining to building plan violations, change in land use in Koramangala adjourned to Wednesday

BANGALORE: After trying to set right deviations in residential buildings in Koramangala, the Bangalore Mahanagara Palike (BMP) has now turned its attention to hotels and eateries for violating building norms or illegally changing land use.

In its action taken report (ATR) and affidavit placed on Thursday before the Karnataka High Court, BMP said it has identified 288 deviations and violations of building bylaws in different blocks in Koramangala. Besides, it has completed a survey of 269 properties.

The affidavit, signed by BMP Commissioner K. Jothiramalingam, said provisional notices have been issued to landlords and tenants of 50 buildings, detailing the violation, extent of deviations and seeking their reply. On November 5, when BMP officials came to Koramangala to set right deviations in some buildings, residents of the area staged a protest asking the BMP to give them time to remove the deviations and vacate commercial establishments (which were operating from residential buildings). The BMP officials said it is for this reason that they suspended the operation to bring down the deviations.

Eateries

Apart from taking action against the violators under Section 321 of the Karnataka Municipal Council (KMC) Act, the Health Department of the BMP initiated action against hotels and eateries, which were operating in the area by violating the rules.

The affidavit said it has found that five hotels were operating in a residential area and that the Health Department initiated action to suspend the licences of these establishments.

Challenged

A resident of Koramangala challenged the confirmatory notices issued to him by the BMP asking him to set right the deviations.

The petitioner contended that the BMP has not considered objections that he filed when a preliminary notice was issued to him.

The petitioner said since the High Court has been seized of the Koramangala violations, no other court is willing to hear the matter or grant any relief.

A Division Bench comprising the Chief Justice (Acting) B. Padmaraj and Justice V. Jagannathan said the High Court has ordered the BMP to file caveats in lower courts and tribunals only to ensure that indiscriminate stay orders are not given.

The Bench adjourned all cases pertaining to Koramangala to Wednesday after observing that if the law is violated, violators will face the consequences.

Caveats

The BMP will be filing several applications before the High Court requesting it to continue the caveats it had filed against landlords and tenants of houses and establishments in Koramangala.

The BMP had filed the caveats after the High Court had asked it to do so.

Since the caveats are in operation for only 90 days, the BMP will be filing applications to renew the caveats.