Illegal constructions: BBMP issues guidelines to engineers

The circular has stipulated guidelines for implementing Section 321 of the KMC Act and corresponding Section 248 of the BBMP Act, 2020

The Bruhat Bengaluru Mahanagara Palike (BBMP) has informed the High Court that it has issued a detailed circular laying down the guidelines on the manner in which engineers concerned will have to act against unauthorised and illegal constructions in the city.

BBMP Chief Commissioner Tushar Girinath has issued the circular pursuant to the directions issued by the High Court in a matter pertaining to construction in deviation to building plan.

During the hearing in the matter, Justice R Nataraj had noticed that the bye-laws are flouted with impunity by the property owners as well as the engineers concerned responsible for implementation of the bye-laws. The court had further noticed that as per Section 321 (B) of the Karnataka Municipal Corporations (KMC) Act, 1976 and Section 252 of the BBMP Act, 2020, though the jurisdictional officers are to be held responsible, none of the engineers concerned conduct any inspection as provided under bye-law. The court had directed the chief commissioner BBMP to frame guidelines in this regard.

The circular, issued on July 21, 2022, has stipulated guidelines for implementing Section 321 of the KMC Act and corresponding Section 248 of the BBMP Act, 2020. The affidavit filed by the chief commissioner also stated that if the in-charge officers failed in their duties in implementing the building bye-laws, penalty clause has also been included in the circular as per section 252 of the BBMP Act 2020.

The circular has detailed three types of deviations – a deviation/unauthorised construction carried out after obtaining plan sanction, but before obtaining possession certificate, a deviation/unauthorised construction carried out after obtaining possession certificate and lastly an unauthorised construction without obtaining any permission. The circular has in detail explained the responsibilities of different officers involved in the process to stop deviation of sanction plan, avoiding unauthorised construction and powers to initiate proceeding under Section 248 (1), (2), (3) and Section 356 (1), (2) of BBMP Act.

The guidelines require engineers to mark the building plinth line in the presence of owners/ representatives and upload the same with GPS coordinates along with the photographs. The engineers also have to undertake inspection within 60 days to check if the foundation work is as per the approved sketch and again have to upload with GPS coordinates along with the photographs within 30 days.

Justice R Nataraj has directed the chief commissioner BBMP to give publicity to the circular in Kannada and English newspapers within two weeks for the benefit of the general public.