The High Court has said that time has come for the state government to notify bye-laws for the construction activities in the jurisdiction of panchayats.
The court made this direction after it was brought to its notice that panchayats have not given effect to the model bye-laws even seven years after formulation of Karnataka Panchayat Raj (Zilla, Taluk, and gram panchayat control over erection of buildings) Model Bye-laws, 2015.
The case on hand was pertaining to a dispute arising from Bidirukote village in Maddur taluk of Mandya district. During the hearing, it was informed that most of the panchayats in the state have not adopted the bye-laws. The court said that as per Section 316 of the Panchayat Raj Act, the respective panchayat may by a resolution adopt the bye-laws. However, if the same is not done, the state government by notification has to declare that such bye-laws would come into force.
Justice M Nagaprasanna said that construction activities are rampant in all the areas under the panchayats in the state. Observing that violation of known norms of law in construction is not limited to areas in the corporation, the court said it is time for the government to regulate the constructions in the panchayat areas as well.
"The panchayats are obliged in law to adopt those bye-laws and bring the constructions that are undertaken or to be undertaken in the precincts of those areas within the parameters stipulated in the bye-laws. If the panchayats have not adopted the same, despite close to 7 years of coming into effect, they have done it at their own peril," the court said.
The court also said that there cannot be a vacuum in the regulations in any walk of a civil life in the society. "Therefore, it is imperative for the state to now act and issue such notification in terms of sub-section (4) of Section 316 of the Act to all those panchayats who have not yet opened their pen to adopt the bye-laws, making it mandatory for the bye-laws to be a regulatory mechanism for construction to be undertaken by its citizens who come within the panchayats," the court said.
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