HC orders BBMP to pay compensation for demolishing house

Bengaluru: The Karnataka high court has directed the Bruhat Bengaluru Mahanagara Palike (BBMP) to pay compensation to the petitioner, declaring the demolition of her dwelling house as illegal.

Justice Suraj Govindaraj has also issued certain general directions to be followed in procedure to be followed on information about illegal construction.

Based on a complaint about illegal construction, the BBMP officials had demolished the house of the petitioner Kavita Podwal at Narayana Reddy Layout, Doddanekkundi, KR Puram Hobli, Bengaluru east taluk on April 25, 2016. The petitioner had contended that she had not received the notices, said to be issued by the BBMP.

Justice Suraj Govindaraj noted that it is clear that notice under section 308, provisional order cum show cause notice under section 321(2) and confirmatory order under section 321(3) of the KMC Act have not been served on the petitioner.

“The jurisdictional Executive Engineer, PWD is directed to cause inspection of the property of caused an account of the demolition and submit a report within a period of 45 days from the date of receipt of copy of this order to the Chief Commissioner who shall make payment thereof. The Chief Commissioner is directed to make payment of Rs 10,000 per month calculating from the date of demolition that is April 25, 2016 till the premises of the petitioner is restored for habitation,” the court said.

The court ordered Rs 10 lakh compensation towards damage caused to the movable items of the petitioner, recoverable from the errant officials after due enquiry by the BBMP Chief Commissioner. The Chief Commissioner has also been directed to pay a further sum of Rs 5 lakh as compensation towards the mental trauma undergone by the petitioner.

General directions

Considering the manner the BBMP officials acted in the case at hand, the court has also issued certain general directions to be followed in such matters. These directions include procedures to be followed while issuing notice.

“Before such issuance of notice, a spot inspection is to be carried out, whether there is a plan sanction or not to be ascertained, the violations if any in terms of the plan sanction as also the building bylaws to be ascertained in terms of setback, area coverage, height of the building, Floor Area Ratio [FAR]/ floor space index, use that the building has been put to, etc., in a tabulated column clearly detailing out the violations if any, and calling upon the noticee to answer the specific violations,” the court said.