BBMP sends notice to man building 1,200 sft apartment block, then lets him

Nandidurga Extension shows how Bengaluru is rapidly heading on the course to self-destruction. 

In a small residential layout spread over five acres in the prime locality, seven multi-storied apartments have come up on plots as small as 1,200 sq ft. Of these, one is seven-storeyed and two five-storeyed. The “flats” have already been sold out and inhabited by families despite complaints by neighbours to the Bruhat Bengaluru Mahanagara Palike (BBMP). 

The seventh “apartment” on a 1,200-sq ft plot has a basement and four flats and is nearing completion. Following complaints by the neighbours, the BBMP served a notice on the apartment owner to stop the work, citing gross violations of the sanctioned building plan and the Karnataka Municipal Corporation (KMC) Act. The notice prompted the owner to approach the Karnataka Administrative Tribunal (KAT) seeking a stay on the BBMP notice. On November 9, 2015, the tribunal ordered status quo instead of granting stay on the BBMP notice. The order in Kannada said the sanctioned plan comprised a stilt floor and three upper floors.

 The BBMP ordered the demolition of the building on the grounds that it was constructed in violation of the sanctioned plan. The photographs submitted by the owner convinced the tribunal that the building was being constructed as per the sanctioned plan. Besides granting stay on the BBMP notice, the tribunal ordered the owner to maintain status quo. 

The order read, “The petitioner has been directed not to carry out any construction activity, which should be monitored by the respondents (BBMP commissioner and the assistant executive engineer (AEE) of Vasanthnagar subdivision).” Once the stay on the demolition order was granted, however, BBMP engineers forgot to check the status of the building while the owner has almost completed the work. 

When contacted, Vasanthnagar subdivision AEE Umesh said he was unaware about tribunal stay on any building in Nandidurga Extension. “I do not know about any such development. Send me the details, I will immediately get the work stopped,” he said. 

Satya Achayya, who lives next door to the building, said she had been fighting against the gross violation of the building plan. She could learn about the tribunal stay only when she approached the High Court and the BBMP told the judge that the matter was pending before the tribunal. 

‘Common practice’
The High Court has asked Achayya to implead in the case before the tribunal. She said it was “common practice” across Bengaluru to violate the building plan, and once the BBMP issues a notice, obtain a stay on it and complete the work. 

“Dwellers of such apartments in our neighbourhood may not have occupancy certificate as none of these buildings complies with the building plan. The setback norms are also grossly violated. Because of these illegalities, a severe water scarcity is staring us,” Achayya said.