Illegal Babusapalya structure: Did BBMP delay its demolition orders?

Bengaluru: The six-storeyed building in Babusapalya, which collapsed like a pack of cards on Tuesday evening, was constructed without obtaining the necessary approvals from the civic body, officials said.

Between April and September this year, the Bruhat Bengaluru Mahanagara Palike (BBMP) issued at least three notices, including an order to demolish the unauthorised structure. However, construction continued unabated.

DH has obtained copies of the three notices issued to Bhuvan Reddy, the owner of a 40x60 sqft ‘B’ khata property on which Ground+Stilt+five floors were under construction, all of which were unauthorised.

On April 24, the BBMP served the first notice under Section 313 of the BBMP Act, seeking information related to the property and building. After discovering that the builder lacked a sanctioned plan and violated setback rules, the civic body issued a provisional order to demolish the building. However, this order came after a gap of five months. The builder received a confirmation order only on September 21.

Town planning experts believe there is a possibility that these notices may have been backdated to suggest that the BBMP followed proper protocol. Generally, notices under Sections 248 (1 and 2) and 248 (3) of the BBMP Act are not served to errant builders just a day after the stipulated seven-day response time.

The timeline of the notices also protects the builder as he receives one month to appeal against the BBMP’s demolition order.

‘No fear of legal wrath’

Almost every street in Bengaluru is witnessing unauthorised constructions, but the BBMP has not done enough to halt the work.

In areas such as KR Puram, Bommanahalli, Mahadevapura, and even in the city's core, apartments are being built on 40x60 square feet sites without fear of legal backlashes.

Even when residents file specific complaints, the BBMP does not act beyond issuing notices. Citizens groups argue that there would be at least one demolition of illegal buildings each week if the civic body enforced the rules. In some cases, residents have struggled to obtain justice even from the courts.

While the BBMP serves as the face of enforcement, political leaders and their associates often hold significant influence over actions taken against illegal constructions. Errant builders reportedly pay between Rs 1 lakh and Rs 5 lakh per flat for constructions on small plots adjacent to narrow roads.