Sealing: High Court grants interim relief

Sealing: High Court grants interim relief

The Hindu

BMP directed to `unseal and also unlock' several premises

# BMP had taken action citing violation of land-use norms
# Petitions were filed in court seeking a direction to restrain BMP from going ahead with its task

BANGALORE: The Karnataka High Court on Friday set to rest, at least for the time being, the fears of residents of Sadashivanagar when it directed the Bangalore Mahanagara Palike (BMP) to "unseal and also unlock" several premises it had sealed in the area citing zonal violations.

More than 40 petitions were filed in the court seeking a direction from the court to the BMP not to proceed with the "locking up" of the premises in Sadashivanagar and surrounding areas and also seeking quashing of the BMP notices.

The BMP, which conducted a survey of the area, following a public interest litigation (PIL) petition by the Sadashivanagar Residents' Association, had found that several buildings had either violated the zonal regulations or the setback/plan. The BMP had not only examined and inspected the list of buildings furnished by the association to the court but also conducted a survey after the Bangalore Development Authority (BDA) took up a survey to identify owners of buildings who had violated land-use norms.

Soon after it completed the inspection and filed a report to the High Court, the BMP began taking action against the violators. It said it first despatched preliminary notices to owners and tenants of buildings who had violated the norms and then issued confirmatory notices.

It said it had decided to "seal" and "lock" buildings only when there was a clear violation of the law.

Statement

In its statement of objections which came up on Friday, the BMP said it had carried out a survey of the area following a direction from the High Court. It said it had identified scores of buildings which had violated the norms by converting residential area into commercial. It said such violators had not obtained permission for change in the land use as contemplated under the Karnataka Town and Country Planning Act.

BMP advocate K.N. Putte Gowda said the palike had initiated action against the violators under the Karnataka Municipal Corporation Act, 1976, saying that the violations had resulted in parking problems, caused environmental pollution, led to choking of roads and haphazard parking of vehicles.

It said that the permission for the change in the land use should be obtained from the planning authority (BDA). It said only certain categories of buildings could be permitted in residential areas. The petitioners contested the BMP action and said that the sealing of properties was uncalled for and that it had led to problems. One nationalised bank, whose premises was sealed, said it had not received adequate time to reply to the notice.

A party hall said its premises was already booked for two days and pointed out that the premises were sealed though it had given an undertaking to shift the business.

Another bank submitted that its ATM counter had been sealed. Several other business establishments, banks, nursing homes, offices moved the High Court seeking relief from the BMP action.

Partly allowing the petitions, Justice B.S. Patil, in his interim order, stayed the BMP notification for eight weeks in cases of banks and also asked the BMP to remove the seals and unlock the bank premises. He clarified that the interim order would in no way prejudice the BMP action on the violators.