Can a responsible civic body regularise illegal buildings? SC asks BBMP

The Supreme Court has pulled up the BBMP for challenging a high court order to survey illegal buildings in Bengaluru for demolition.

“What is wrong with the directions? Why are you bothered? As a responsible municipal corporation, can you regularise illegal constructions like this?” a bench of Justices Arun Mishra and Indira Banerjee asked Solicitor General Tushar Mehta, representing the BBMP, on Monday.

Mehta pointed out that a state government scheme (Akrama Sakrama) to regularise illegal buildings has been challenged and the matter is pending before the apex court.

“Our cities are already in (a) bad shape. You comply with it or we will say it is our order,” the bench shot back.

Mehta then preferred to withdraw the petition, which questioned the validity of the high court’s order passed on November 25, 2019.

The BBMP petition argued that the high court order had failed to consider the several amendments made to the Karnataka Town and Country Planning Act, 1961, about the regularisation of buildings and the Karnataka Municipalities Act, 1964, on the payment of requisite charges.

A survey carried out by the civic body in 2015 had estimated about 2.93 lakh unauthorised sites and buildings in Bengaluru.

“We are bad judges, so far as illegal constructions are concerned. We are not with you,” Justice Mishra told the BBMP, also represented by advocate Sanjay M Nuli.

“No lordships, I am in a bad case before a good judge,” Mehta said.

Justice Mishra had earlier led a bench that ordered the demolition of an apartment in Kochi, Kerala, for having been constructed in violation of the Coastal Regulation Zone rules. He also presided over a three-judge bench which had, in 2018, ordered an inquiry into excluding large tracts of land from acquisition for Dr K Shivaram Karanth Layout, Bengaluru, in 2008.