Representative image showing under construction building.
Credit: iStock Photo
In what can be termed a silver bullet in the ongoing battle against illegal constructions, Bengaluru’s municipal corporation has decided to seal unauthorised portions of buildings until they are demolished.
Although this provision is already outlined in Section 15 (4) of the Karnataka Town and Country Planning (KTCP) Act of 1961, the Bruhat Bengaluru Mahanagara Palike (BBMP) has, for the first time, started incorporating it in the notices issued to errant builders. Officials believe this will serve as a deterrent for such builders.
BBMP Chief Commissioner Tushar Girinath said Section 15 (4) will be invoked until the demolition takes place.
"Sometimes, the demolition of the building gets delayed as they are challenged. Section 15 (4) of the KTCP Act disincentivises the builders to go ahead with the illegal constructions during this time as the BBMP can seal and take control of the building or part of it,” he said. “We will start the enforcement after 30 days as we just started serving the notices.”
So far, the fight against illegal constructions have mostly been futile. In the past, when a citizen lodged a complaint, the BBMP would serve a couple of notices to the builder for deviating from the approved plan, followed by demolition orders, in some cases. But, the actual demolition seldom took place as the orders were either stalled in the courts or the BBMP engineers blamed it on the shortage of funds to hire men and machinery for the work. The builders then would complete the building amid this “friendly” tussle.
But the collapse of a building in Babusapalya, which had claimed the lives of nine workers, was a wake up call for the BBMP’s top brass.
In its drive to plug the loopholes, the Palike issued the first major order on October 18. It entrusted zonal commissioners with the responsibility to act against illegal constructions.
In an internal circular, issued subsequently on November 5, the civic body came up with a standard format that all eight zones must use while issuing notices under Sections 248 (1), (2) and (3) as well as Section 356 of the BBMP Act. This was done to ensure uniformity as well as prevent the builders from taking legal respite by finding mistakes in the way the notices are drafted.
As per the format, Section 15 (4) of the KTCP Act — which empowers the BBMP to seal the illegal building — has been incorporated in the confirmation order issued to the errant builder as per Section 248 (3) and Section 356 (1) of the BBMP Act. This order is served around 60 days after the civic body receives the first complaint. In the confirmation order, the civic body directs the builder to remove the illegal structure. The BBMP can take up the demolition using its own cost after the lapse of 30 days.
R Rajgopalan, who started a citizens collective by the name Bengaluru Coalition against Building Violations (BCAB), said, “The section, if enforced, will be a silver bullet. The destruction of concrete structures will be palpable, a visual that should send a strong message."
What does Section 15 (4) of the KTCP Act say?
If any person does any work on, or makes any use of, any property in contravention of Section 14, the planning authority may direct such person by notice in writing, to stop any such work in progress or discontinue any such use; and may, after making an inquiry in the prescribed manner, remove or pull down any such work or as the case may be, take any measure to stop such use.