Illegal structures face axe but officers go scot-free

Illegal structures face axe but officers go scot-free
Inspect park Plea disposed of
Vijay Times

Bangalore: The issue of illegal constructions and violations of building by-laws in the City is a common topic these days.. Unauthorised constructions are demolished on the strength of court orders, but the officer who has cleared such violations usually goes scot free.

The Supreme Court had addressed the issue while giving its verdict in the G N Khajuria Vs Delhi Development Authority case and observed that the officers who have regularised violations without any authority of law should be brought to book.

The case related to the change in land use for putting up a nursery school. The Bench made several observations against those officials who get away scot free after committing the irregularity .

There is a general feeling that where unauthorised constructions are demolished on the force of court orders, the illegality is not taken care of fully inasmuch as the officers of the statutory body who had allowed the unauthorised construction.

At the root of the unlawful Act of the concerned citizen, it is the officer who is more to be blamed than the recipient of the illegal benefit. It is thus imperative that while undoing the mischief which would require the demolition of the unauthorised construction, the delinquent officer has also to be punished in accordance with law , the court said.

Noting that this seldom happens, the court said that to take care of the injustice completely , the officer who had misused his power has also to be properly punished.

Otherwise, what happens is that the officer, who made hay when the sun shined, retains the hay , which tempts others to do the same. This really gives fillip to the commission of tainted acts, the court said.

EXPERT VIEW

K N Phanindra, advocate says that while illegal structures should go, officials responsible for such irregularity should also be made accountable. Experts say it sad that the very same officer who clears an illegal construction becomes a part of the team that demolishes the very same building.

The Karnataka High Court on W ednesday directed the Bangalore City Corporation Commissioner to inspect the Shri Lakshman Rao Park at Okalipuram and submit a status report to the court. A Division Bench comprising Acting Chief Justice B Padmaraj and Justice V Jagannathan also ordered that the status report be filed in four weeks. The High Court on W ednesday disposed of a writ petition seeking a direction for proper administration of the famous Mahalingeshwara temple at Puttur in Dakshina Kannada district. A Division Bench comprising Acting Chief Justice B Padmaraj and Justice V Jaganathan, said the petitioners, K P Shetty and Bellipadi Gunashekharan, could implead themselves as parties in an earlier petition pending before the court.