Friday, December 16, 2005

BMP right in correcting building violations: HC

BMP right in correcting building violations: HC
The Times of India

Bangalore: If the BMP does not take action, the people will put up structures even in the middle of the road, remarked Karnataka HC Acting Chief Justice B Padmaraj and justice V Jagannathan on Thursday. They said when violators enrich themselves breaking rules, they must also face the consequences.
The Bench was reacting to petitions filed by Koramangala residents challenging the division Bench order of then chief justice N K Sodhi, which had sought correction of building violations. The petitioners alleged that courts like the Karnataka Administrative Tribunal were not entertaining the area residents, because of the division Bench order. The present Bench agreed that the earlier order was right, otherwise other courts would indiscriminately issue stay orders, defeating the whole purpose.

The petitioners alleged the BMP had not considered the objections and said the principle of natural justice had been defeated. They also alleged that the BMP was discriminatory. The petitioners had approached the SC against the order, but the SC had sent the case back to the high court. The petitioners said the BMP did not have the jurisdiction to issue orders as the area came under the BDA purview.

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