Friday, November 27, 2009

Stop demolition drive, orders HC

Stop demolition drive, orders HC
Bangalore,Nov 26,Deccan Herald News Service:

Karnataka High Court on Thursday ordered status quo and a halt to the ongoing demolition drive taken up by to clear encroachments and constructions over storm water drains in the City.


Hearing a PIL by P R Ramesh, former mayor, challenging the Section 228 D of KMC Act, which makes a provision to remove encroachments without notice, the division bench comprising Chief Justice P D Dinakaran and Justice Anand Byra Reddy ordered notice to BBMP and stopped the demolition drive in BBMP limits. The petitioner, in his submission, has said that the people had constructed the houses after obtaining required sanctions from the BBMP. The petitioner further said that the residents have invested their hard earned money and have raised loans. The BBMP had ordered immediate demolition violating Article 21 of the Constitution.

Challenging the Section 228 D which provides powers to the BBMP Commissioner to demolish illegal structures without notice, the petitioner sought to quash the Act saying that it is against the natural justice. The petitioner had sought to restrain BBMP from demolishing at Ittamadu Layout and other places over the storm water drains. The bench, which heard the matter has ordered status quo.

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