BENGALURU: Expressing shock over the inaction of Bruhat Bengaluru Mahanagara Palike (BBMP), the Karnataka High Court on Thursday asked the civic body’s commissioner to file an affidavit explaining reasons for 18-month delay in giving approval to the process of dismantling a commercial building, which was constructed illegally at Ellenahalli in Bengaluru South.The division bench of Chief Justice Abhay Shreeniwas Oka and Justice H T Narendra Prasad issued this direction after hearing the public interest
litigation petition filed by J Sunil Kumar.
The court also asked the BBMP commissioner to explain the action proposed to be taken against the erring authorities if they failed to execute the order passed to dismantle the building constructed by Ramachandar.
The BBMP counsel informed the court that the civic body’s Assistant Executive Engineer was prima facie satisfied that the construction was undertaken in contrary to norms, and had hence asked the building owner to produce the documents pertaining to the construction. However, Ramachandar did not reply. A notice dated January 1, 2018 was hence issued to initiate appropriate action to demolish the said building. Another order dated January 9, 2018 was later passed under Section 321 (3) of the Karnataka Municipal
Corporation Act, confirming that the construction was without plan sanction.
“The AEE has already prepared an estimate of Rs 15 lakh cost for dismantling the illegal construction, which has been forwarded to the executive engineer. The executive engineer will forward the same to the chief engineer, who in turn will forward it to the Joint Commissioner for approval. The final approval will be accorded by the Commissioner. Thereafter, help of jurisdictional police would be sought and the illegal construction will be demolished,” the BBMP stated. The court then asked the commissioner to submit an affidavit. Next hearing will be on July 23, 2019.