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Case Title: High Court of Karnataka and The State of Karnataka & Others

Case NO: WP 41517/2019

Date of Order: 17-06-2023

CORAM: HON’BLE CHIEF JUSTICE PRASANNA B VARALE AND HON’BLE JUSTICE M G S KAMAL 

INTRODUCTION

The Karnataka High Court instructed all involved parties to collaborate and create a comprehensive strategy to tackle the problem of demolishing and clearing unauthorized buildings. The aim is to also establish preemptive measures against these unlawful constructions within Bengaluru City.

FACTS OF THE CASE

The Court was addressing a self-initiated Public Interest Litigation (PIL) started in 2019. The remarks were made following numerous written petitions against the Bruhat Bengaluru Mahanagara Palike (BBMP), accusing them of not taking action against illegal structures and failing to prevent their growth.

Recognizing the need for construction in the rapidly developing city, the Court noted that completely stopping construction is not practical. However, it emphasized that a collaborative effort is necessary from all parties involved to manage this growth and effectively control illegal constructions.

The Bench highlighted that authorities should not approach this matter as a conflict, but rather adopt a positive stance to tackle it. In a previous order dated November 25, 2019, the Court had already provided detailed instructions to the BBMP. These instructions included conducting a step-by-step survey of illegal constructions, categorizing them based on permission status, and addressing staffing and legal officer issues.

COURT’S ANALYSIS

The court has instructed the BBMP and the State Government to provide detailed responses and comprehensive action plans within three weeks. The court acknowledged the lack of staff and directed the BBMP to propose additional posts and fill vacant law officer positions. The court noted that while demolition notices are issued, actual demolitions are minimal and often selective, targeting temporary structures like tin sheds. There was a discrepancy in the compliance affidavit submitted by the BBMP, as it didn’t adequately address staff and law officer concerns or clarify if proposed measures were sent to the Chief Secretary, as directed. The court expressed concern over the BBMP’s approach to demolitions, focusing on economically weaker individuals. The case will resume in three weeks.

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Written by- Shreya Sharma