BENGALURU: In a far-reaching order to check unauthorised constructions, the Karnataka High Court directed the BBMP to mandate that owners/architects/supervisors file affidavits after the completion of the foundation and footing that they are in accordance with the plan sanctioned.
It also directed BBMP to mandate them to file affidavits after the construction of columns and roof of each floor, certifying that the construction is as per the plan sanctioned.
“It be mandated that irrespective of the above milestones being reached or not, affidavits to be filed every three months that the construction as on that date is in terms of the plan sanctioned”, said Justice Suraj Govindaraj, disposing of a petition by Kushal Ram Reddy against putting up construction by encroaching the road.
The court directed the BBMP to secure the contact details of the applicant, the architect and the supervisor of construction, including their address, mobile numbers, e-mail, Whatsapp number, telegram, etc., of the applicant immediately after receiving the application for plan sanction.
It directed the BBMP to ask concerned ward engineers to conduct inspections once in 30 days to check whether the constructions are as per the plan. A report has to be filed detailing the nature of inspection, the compliance or violation of the plan. If there is a violation, a notice has to be issued immediately to the owner/builder notifying the deviation and calling upon him to remove it as per Section 248 of the BBMP Act, 2020, the court said.
It said the databases of BWSSB and Bescom should be integrated with that of BBMP’s. BWSSB and Bescom should intimate the BBMP officer whenever power or water connection is given that can be cross-checked with the BBMP database. If there is no sanctioned plan, BBMP officers should carry out inspection and notices issued, asking the owner to produce the sanction plan. If not produced, necessary action should be taken under Section 248 of the BBMP Act, it said.
“The details of plan sanctions, electricity connection sanctions, water connection sanctions, inspection reports, notices issued and any action taken by the BBMP in respect of the particular property are to be uploaded onto the website of the BBMP which has to maintain a database to enable the verification by all the concerned officers”, the court said while fixing a 60-day deadline to the BBMP chief commissioner to comply with the directions.