Bangalore: The High Court on Wednesday directed the
Respondents to demolish a building constructed in violation of Building
Bye-laws at Shanthinagar in the City.
Hearing a Petition by Kamalesh
Kumar, owner of a property in Shanthinagar, seeking to demolish the building
adjoining to his property alleging building bye-law violations, Justice Ram
Mohan Reddy directed the Respondents to demolish the building that violates the
bye-laws. The Court also imposed a fine
of Rs.25,000/- on Sushil Kumar and Dimple Kumar (owners of the disputed
building – Respondent Nos: 4 and 5) payable to the Petitioner.
The Court, which had
also summoned the Bruhat Bangalore Mahanagara Palike (BBMP) Commissioner,
directed him to demolish the structure, in case if the Respondents failed to do
so within a month. “Issue directions to Respondent 4 and 5 to bring down the
building constructed in violation of building plan within a month. If the Respondents fails to do so, the
Commissioner is directed to pull down the Building”. Justice Reddy observed.
“The Respondents 4 and 5
are directed to pay the Petitioner a sum of Rs.25,000/-. The Commissioner has been directed to take
note that the Respondent 4 and 5 are liable for criminal prosecution under
Section 436 of KMC Act,” the Court observed further.
The Petitioner, Kamalesh
had alleged that the Respondents, who owned a property (Sy. No.8/1) at
Shanthinagar, neighbouring his property (Sy. No.8/2) had begun constructing a
building. Alleging building bye-laws
violations, he brought it to the notice of the BBMP Officials. When there was no action on the part of the
Officials, he moved the High Court. The
Court directed the BBMP to initiate action against the Respondents. When the Respondents failed to do so, he
moved the Karnataka Administrative Tribunal, which also directed to initiate
action. However, when the matter
prolonged further and the Respondents completed the construction, the
Petitioner approached the High Court stating that the BBMP authorities have
failed to initiate action against the Respondents and sought directions to the
BBMP authorities to implement building bye-laws and dismantle the illegal
construction.
The Court lashed out at
BBMP for not implementing the bye-laws and said: “The City has become a
hornet’s nest for illegal construction”. He directed the Respondents to
demolish the illegal building and failing to it, the Commissioner is directed
to demolish the structure3 and the cost be borne by the building owner.
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