BENGALURU: Taking the state government to task for not fixing rules that prescribe a penalty for officials of civic bodies, including the Bruhat Bangalore Mahanagara Palike, for allowing illegal constructions, the Karnataka High Court on Tuesday directed the Additional Chief Secretary, Urban Development Department, to file an affidavit as to why they should not initiate action for violating the undertaking the government gave before the HC.
A division bench of Chief Justice Abhay Shreeniwas Oka and Justice Mohammad Nawaz observed that the state had no time to frame rules even 12 years after Section 321(B) was incorporated into the Karnataka Municipalities Act in 2007. The government may come and go, the court said, when the government advocate sought time citing the new government in the state.
The court took the matter seriously as the state failed to frame rules even though it was given time when the court was hearing a PIL filed by Umapathy, a practicing advocate.
The court noted that the said section was incorporated to impose a penalty on those who allowed deviations in constructions. “However, the said section cannot be implemented as the rules were not framed under it to penalise the accused officials of civic bodies. It has continued for several years. That’s why illegal constructions are increasing,” the court observed.
The court said that Section 321(B) was incorporated in the KMC Act in February 2007. However, nothing has been prescribed to penalise erring officials for twelve and a half years. “Thus the purpose of incorporating 321(B) is defeated. As rules are not framed,” the court said while adjourning the hearing to September 17.