No more midnight demolition drives, State promises HC

Illegal constructions to be razed following due procedure of law

Subir Hari Singh, Additional Chief Secretary and Principal Secretary, Urban Development Department, in an affidavit before the Court, said the illegal constructions would be demolished only after following due procedure of law.

The affidavit submitted by the Advocate General Ashok Harnahalli to the Court said the government had issued a circular to all city corporations and municipal corporations in the State directing them on the rules to be followed while taking over the possession of the properties.

“If the officers do not follow the rules before taking over the possession of illegal properties and removing unauthorised constructions and encroachments belonging to BDA and other authorities, appropriate action will be taken against them,” said the affidavit.

“If there is any procedural lapse in carrying out the removal of unauthorised occupants and encroachers, the same will be examined with reference to individual cases,” said Singh in his affidavit.

Justice D V Shylendra Kumar, who heard the matter, rapped BDA for conducting the midnight demolitions.

Directing the BDA to initiate action against the errant officials responsible for midnight demolitions, the court directed the BDA not to demolish the unauthorised constructions without giving an opportunity to the affected parties.

“Before evicting the illegal occupants in the property in question, the authorities should give opportunities to them,” the court observed.

The court suggested the State government to provide details of the demolished  properties. The court further directed the State to submit a progress report on the issue on the next date of hearing.

K V Indiramma, resident of Geddalahalli and Anuradha, resident of Bommanahalli had challenged the action of BDA demolishing their buildings without prior notice.

Criminal action

The High Court directed the Bangalore Development Authority (BDA) to initiate criminal action against erring officials who allocate the same plot of land to more than one persons.

During the hearing of a petition challenging the allocation of a site to four persons at Banashankari III stage, a Division Bench comprising Chief Justice J S Khehar and Justice A S Bopanna directed to initiate action against such officials.

It observed: “What kind of action is initiated against such officers? He takes bribe and innocent people are the sufferers,” the Bench said.

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