Tuesday, January 31, 2006

High Court directs BMP to produce records on building

High Court directs BMP to produce records on building

the Hindu

Civic body says structure coming up near Mount Carmel College violates norms

# BMP claims that commencement certificate for the first block of the complex has not been obtained
# Builder says licence for the construction had been obtained

BANGALORE: The Bangalore Mahanagara Palike (BMP) on Monday placed before the Karnataka High Court a report on the construction of an apartment complex near the Mount Carmel College on Palace Road.

The report followed a direction by the court on December 15, 2005 to the BMP to inspect the building and file a report on violations by the builder in the building plan.

In its report, the BMP said a team of officials had inspected the building in the presence of the contractor and engineer and found some violations.

It said it also verified the sanctioned plan and commencement certificate.

The BMP claimed that the commencement certificate for the 1st block of the apartment complex had not been obtained. Moreover, at the right side of the second block a portion measuring 2 metres by 9.2 metres projection constructed at the basement floor had come up within the setback area.

The petitioner, Magareth Property Developers, said an apartment complex was coming up on property No. 59 adjoining the college.

It said when the construction was in progress, some BMP officials inspected the site and asked them to stop construction, alleging that environmental clearance had not been obtained.

Denying the averments of the BMP, they said licence for the construction had been obtained and that the notice of August 20, 2005 asking them to stop construction was illegal and arbitrary.

On its part, the BMP said the builders had violated certain norms and this had come to light during the inspection.

It said a student of Mount Carmel College was killed when a lorry carrying construction material from the site knocked her down.

After the accident, the Government had directed the BMP to look into the issue. The BMP officials visited the site and issued a notice to the builder, citing several violations. The builder had approached the High Court, which asked the BMP to treat the notice as a show-cause notice and take a decision on the issue after giving the builder an opportunity.

The BMP had claimed as per the court direction it give an opportunity to the builder to present its case.

After hearing the builder, it had on August 20, 2005 asked him to stop construction, saying that it had not obtained environmental clearance from the Centre.

Urging the court to dismiss the petition, the BMP alleged that the petition was filed by Magareth Developers while the sanctioned plan for the project had been obtained by the Medical Relief Society of South Kanara. Thus, the petition could not be allowed.

The petitioner, in its statement of objections, alleged that the BMP charges were false and not tenable. It said it had written to the BMP asking it to grant commencement certificate but that the BMP had not responded to it.

Justice Rammohan Reddy adjourned further hearing of the petition and directed the BMP to produce all records pertaining to the sanctioned plan and commencement certificate.

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