LI Network
Published on: February 3, 2024 at 12:25 IST
The Karnataka High Court has issued general guidelines to the Bruhat Bengaluru Mahanagara Palike (BBMP) recommending preventive measures to curb unauthorized constructions that violate building plans.
Justice Suraj Govindaraj, presiding over a single-judge bench, acknowledged an office order dated 27.07.2023 issued by the Chief Commissioner to all officers, which included flowcharts illustrating the steps for removing violated portions and demolishing unauthorized constructions. Additionally, a timeline table for officers to take action against unauthorized constructions was submitted.
The Court emphasized the importance of adopting preventive measures to ensure that constructions adhere to approved plans. To this end, the following general directions were issued:
1) Before granting any plan sanction, the Corporation authorities must collect contact details of the applicant, architect, and construction supervisor, including complete postal addresses, mobile numbers, email IDs, WhatsApp numbers, and telegram numbers.
2) Periodic inspections should be conducted every 30 days by the concerned Ward Officer/Engineer to verify compliance with the sanctioned plan. A report detailing the nature of the inspection and compliance or violation should be filed.
3) If any violation is observed, immediate notice must be issued to the owner/builder or the individual who obtained the plan sanction, directing them to rectify the deviation in accordance with Section 248 of the BBMP Act, 2020.
4) Integration of BWSSB and BESCOM databases with the BBMP database.
5) Notification to BBMP officers whenever temporary or permanent electricity and water connections are sanctioned, allowing cross-checking with the BBMP database for plan sanction.
6) If no plan sanction is found, officers should conduct necessary inspections and issue notices to produce the sanctioned plan. If the plan is not provided, action should be taken under Section 248 of the BBMP Act.
7) All plan sanctions, electricity and water connection sanctions, inspection reports, notices, and actions taken by BBMP regarding a property should be uploaded to the BBMP website.
8) BBMP must maintain a database accessible to all concerned officers for verification.
9) Owners/architects/supervisors should file affidavits after completing the foundation and footing, certifying compliance with the sanctioned plan.
10) Affidavits should be filed after constructing columns, confirming adherence to the sanctioned plan.
11) Affidavits should be filed after each floor’s roof is installed, certifying construction compliance.
12) Affidavits should be filed every three months, regardless of project milestones, to confirm ongoing compliance with the sanctioned plan.
The Court directed the Chief Commissioner to submit a compliance report on these directives within 60 days.
These measures were outlined while disposing of a petition filed by Kushal Ram Reddy, who alleged unauthorized construction encroaching on public roads by respondent No.5 (C. Shashi Kumar) without plan sanction, in violation of building bylaws. The court noted considerable deviations from the plan sanction based on a field inspection report and acknowledged the issuance of a notice to respondent No.5 under Section 248 (1)(2) of the BBMP Act, 2020.