Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore
Advocate Selvakumar
Bengaluru:The
High Court directed the Respondents to demolish a building
constructed in violation of Building Bye-laws at Shanthinagar in the City.
Hearing a Petition by Kamalesh Kumar, owner of a
property in Shanthinagar, seeking to demolish the building adjoining to his
property alleging building bye-law violations, Justice Ram Mohan Reddy directed
the Respondents to demolish the building that violates the bye-laws. The Court also imposed a fine of Rs.25,000/-
on Sushil Kumar and Dimple Kumar (owners of the disputed building – Respondent
Nos: 4 and 5) payable to the Petitioner.
The Court, who 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 Shanthinagar, neighboring his
property (Sy. No.8/2) had begun constructing a building. Alleging building bye-laws violations, he
brought it to the notice of the BBMP Officials.
When there was no action on the part of the Officials, he moved the HighCourt.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 stating that the BBMP authorities have failed to initiate action
against the Respondents and sought directions to the BBMP authorities to
implement building bye-laws and dismantle the illegal construction.
The Court lashed out at BBMP for not implementing the
bye-laws 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 structure3 and the
cost be borne by the building owner.
More,
Advocate Selvakumar
No comments:
Post a Comment