HC orders demolition of building for bylaws violations

HC orders demolition of building for bylaws violations

The High Court on Wednesday directed the respondents to demolish a building constructed in violation of building bylaws at Shanthinagar in the City.

Hearing a petition by Kamalesh Kumar, owner of a property in Shantinagar, seeking to demolish the building adjoining to his property alleging building bylaws violations, Justice Ram Mohan Reddy directed the respondent to demolish the building that violates the bylaws. The Court also imposed a fine of Rs 25,000 on Sushil Kumar and Dimple Kumar (owners of the disputed building- respondent 4 and 5) payable to the petitioner.

The court, which had also summoned the Bruhat Bangalore Mahanagara Palike (BBMP) commissioner, directed him to demolish the structure in case if the respondents failed to do so within a month. “Issue directions to respondent 4 and 5 to bring down the building constructed in violation of building plan within a month. If the respondents fails to do so, the commissioner is directed to pull down the building,” Justice Reddy observed.

“The respondents 4 and 5 are directed to pay the petitioner a sum of Rs 25,000. The commissioner has been directed to take note that the respondent 4 and 5 are liable for criminal prosecution under Section 436 of KMC Act,” the court observed further.

The petitioner, Kamalesh had alleged that the respondents, who owned a property (sy no 8/1) at Shantinagar, neighbouring his property (sy no 8/2) had begun constructing a building. Alleging building bylaws violations, he brought it to the notice of the BBMP officials. When there was no action on part of the officials, he moved the High Court. The court directed the BBMP to initiate action against the respondents.

When the respondents failed to do so, he moved the Karnataka Administrative Tribunal, which also directed to initiate action. However, when the matter prolonged further and the respondents completed the construction, the petitioner approached the High Court again stating that the BBMP authorities have failed to initiate action against the respondents and sought directions to BBMP authorities to implement building bylaws and dismantle the illegal construction.

The court lashed out at BBMP for not implementing the bylaws and said: “The City has become a hornet’s nest for illegal construction.” He directed the respondents to demolish the illegal building and failing to it, the Commissioner is directed to demolish the structure and the cost be borne by the building owner.

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