BENGALURU: Any shortfall in construction by professional builders is assumed to be deliberate and done with an intention to earn profit, and deserves to be dealt with sternly to act as a deterrent in future, the Karnataka High Court observed.
The construction by professional builders stands on a different footing than that of a private individual constructing his own building. A professional builder is supposed to understand the law and all other regulations and deviations if any, keeping in mind the larger public interest in and around the apartment structures and neighbouring vicinity.
“The high-rise buildings with pocket apartments, regardless of the luxury they provide, cannot be permitted to stand at the risk of the general public, particularly the residents of the building and others in the vicinities. This is based on the principle that the private interest stands subordinate to the public interest and public good,” it said.
A division bench of Justice DK Singh and Justice TM Nadaf made these observations while dismissing an appeal filed by M/s Vishnu Sri Builders and Developers recently against the order of single judge, who not only restrained the petitioner from putting up construction in the setback area of the block by the builder but also ordered to demolish the construction at the apartment at RR Nagar.
Stating that a perusal of report by the fire department along with the sketch of the building and the setback left clearly would show that vehicle movement with aerial ladder is not possible in the emergency rescue operations, the bench dismissed the appeal against the order passed on September 3, 2025, based on the petition filed by Rajasri Apartment Owners Association and two others, who challenged the revised no objection certificate given by the fire and emergency services to the builder.
The bench noted that the regulations and restrictions with respect to restrictions on height, number of stories and other structures, including percentage of flat that may be occupied, the size of open spaces and density of population, all matter to larger public safety and general welfare. In these circumstances, the proper setback provisions around the building, average alignments and structural alterations become indispensable, it said. Any deviation at the cost of the public safety at large cannot be condoned and brought in line, the bench added.