Building violations: Palike wants powers back

Palike insiders feel that this move will increase corruption since the committee will have the power to grant a stay on building violations, as against the Commissioner’s orders to put on hold any unauthorised constructions in the City.

Sections 308 and 309 of the Karnataka Municipal Corporation (KMC) Act of 1976 states that the BBMP Commissioner can direct builders to alter their work based on violations found in the sanctioned building plans.

Section 309 states that the commissioner also has powers to stop work that may be found endangering human life.

This apart, under Section 321 (3), no person is liable to pay fine or fee for regularisation under any law if he has paid regularisation fee under this Act for the same violations.

Sources state that the powers were transferred in 2003 from the Standing Committee on Appeals to the Karnataka Appellate Tribunal (KAT) following repeated complaints about “corrupt” practices that governed the ascertaining building violations.

“Some of the cases that came before the Appeals Committee back then involved the legal sanctioning of building violations that were more than 100 percent over and above the sanctioned plans,” a source said. As a result, to ensure transparency the powers were removed from the Standing Committees and given to the KAT.

The transfer of powers, wherein the KAT has been vested with powers to rule on appeals against the building violations under the sections mentioned within, will ensure that the Appeals Committee will have the final word over the extent of violations.

According to BBMP sources, the Appeals Committee had earlier in the month sent across a proposal to the Advocate General Ashok Haranahalli for looking over the legal hurdles that may come forth, while asking the KAT to transfer back the powers of giving rulings on building violations referred to the tribunal.

The current proposal, in the meantime, is likely to be tabled before the BBMP Council on Saturday. Sources state that even if passed by the Council it is highly unlikely that the State Government will pass the proposal.