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Karnataka High Court – Menace of Unauthorised Constructions – Recent order dated 19.1.2024 – Landmark, Comprehensive, Salutary directions and also to create database for website and use of common stake holders / authorities

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In the writ petition against the Bangaluru Municipal Corporation for demolition of the unauthorised constructions on the public road, the High Court has given the following directions :-

In para 10 of the Order, the comprehensive flow chart showing the stages of action to be taken for removal of violated portion and demolition of unauthorised construction is given.  Compliance affidavit was filed about the methodology proposed to be adopted by the Corporation.

Secondly, the table showing the time line for the officers to take action is also provided in respect of unauthorised constructions after approved plan / occupancy certificate.

Moreover, the following general directions are given in para 12 –

  1. To secure the contact details of the applicant, Architect, Supervisor of the construction, complete postal address (both residential and official), mobile number, email ID, whatsapp number, telegram number, etc.
  2. Inspection to be conducted once in 30 days after sanction of the plan;
  • Notice to be given in case of violation found in the respective inspections
  1. Integration of database
  2. Intimation to the Corporation whenever electricity (temporary or permanent) / water connections are given and same to be verified from the details of sanctioned plan of said property;
  3. In case it was found that there was no sanction, notice to produce plan and to take necessary action.
  • To upload on the website all details of plan, electricity, water sanctions, inspection reports and action taken by the Corporation
  • Database to be maintained for verification of concerned officers.
  1. Affidavits to be filed after every three months after construction of columns, every roof of each floor that the construction was as per the sanctioned plan.

To my mind, these important directions if implemented all over the country will completely eliminate the menace of unauthorised constructions – essential for orderly, legal and proper development of the cities, towns and villages.    In fact, they should be incorporated in the legislations and the Rules so that the authorities are bound to implement the same and also to provide for penal provisions in case the authorities do not implement the same.

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