JOIN USSeven months ago, the High Court had ruled that the Bruhat Bangalore Mahanagara Palike (BBMP) cannot continue to approve building plans under the BBMP Building Byelaws, 2003. Hence, fresh byelaws had to be introduced based on the Revised Master Plan-2015. The new byelaws, however, have not been put into operation yet, though a draft was sent to the State government for approval in 2009.
In the Yashodha Rao versus the BBMP case, Justice A S Bopanna on July 31, 2012, held that the Palike cannot approve building plans under the 2003 byelaws. “Byelaws would have to be framed in conformity with the Revised Master Plan (RMP) prepared by the Bangalore Development Authority. Presently, though the Revised Master Plan, 2015 and the Zoning Regulations, 2007, have come into force with the approval of the State government on June 25, 2007, the BBMP has not yet framed the bye-laws (revised) in conformity with the same,” the judge had said.
The court observed that after approval of the RMP-2015 and the Zoning Regulations-2007, a separate building byelaw should have been framed. Plan approvals based on earlier byelaws would be contrary to the RMP and Zoning Regulations prepared by the BDA’s planning authority. The court was clear that the planning authority alone had the jurisdiction to plan and specify development and construction in the area.
Bureaucrats heading the BBMP in 2008-09 were aware that a new set of building byelaws had to be framed. Draft BBMP Building Byelaws-2009 were framed and sent to the State government for approval. Since then, the draft byelaw is gathering dust.
BBMP sources, who provided a copy of the judgment to Deccan Herald, said the building plans sanctioned under the Building Byelaws-2003 after the High Court ruling, amounts to contempt of court. Soon after the High Court order, the State government should have passed the Building Byelaws sent to it in 2009, they said. The BBMP should have also pressured the government for its approval.
Town planning officials in the BBMP said they are not sanctioning building plans as per the Building Byelaw-2003, but according to the Zonal Regulations-2007, which is still applicable.
When contacted, BBMP Commissioner Siddaiah said he would comment only after going through the High Court order. He, however, maintained that his predecessors must have taken some measures in this direction. A similar response came from the BBMP Engineer-in-Chief B T Ramesh, who said he would go through the High Court order and consult officials from the town planning section of the BBMP.
DH News Service