HC lays down norms for BBMP to demolish structures in city

The High Court of Karnataka has laid down guidelines to be followed by Bruhat Bengaluru Mahanagara Palike (BBMP) while handling cases with regard to removal of encroachments and demolition of any structures in the city.

A division bench comprising Chief Justice S K Mukherjee and Justice P S Dinesh Kumar, while passing an order on a writ appeal filed by a resident of Doddanekkundi, Kavitha Podwal, noticed that BBMP had not placed any records to show that they had carried out the demolition as per Section 462 of the Karnataka Municipal Corporations Act, 1976. (Section 462 - Time for complying with order and power to enforce in default).

Kavitha Podwal had sought damages from BBMP for demolishing her house despite a stay order. The bench, expressing shock over BBMP not acting upon Kavitha’s representation said, “The authority despicably cold-shouldered the issue in a casual, lackadaisical manner and in flagrant disobedience of the orders of this court.”

Imposing a cost of Rs 25,000 on BBMP, the bench directed the commissioner to act upon her representation. The bench said if the commissioner comes to the conclusion that the demolition of the dwelling house was illegal, the commissioner will have to quantify the damages and pay the same within two weeks from the order date.

The court laid down the following guidelines - i) In a notice/provisional order, the name and address of owner/khatedar should be clearly mentioned; ii) The identity of the property and the boundaries should be delineated in an unambiguous manner; iii) BBMP shall record specific findings with regard to alleged deviations; iv) All notices and orders shall be served strictly in accordance with the law; v) Reasonable time shall be specified in the provisional order and granted to the property owner to file a reply; vi) Before confirming the provisional order, the officer concerned shall record his satisfaction that the provisional order was served to the owner/khatedar; vii) Reasons for confirming the provisional order shall be clearly recorded by the officer concerned; viii) Reasonable time for compliance shall be clearly mentioned in the final order; ix) No demolition shall be undertaken without recourse to Section 462 of the KMC Act and x) These directions [guidelines] shall be strictly complied with by BBMP officials.