The Hindu : Karnataka / Bangalore News : High Court adjourns case on regularisation of buildings

Online edition of India's National Newspaper
Wednesday, Nov 28, 2007
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Karnataka

Karnataka - Bangalore

High Court adjourns case on regularisation of buildings

Staff Reporter

BANGALORE: The State Government, in its statement of objections before the Karnataka High Court on Tuesday, contended that buildings constructed on lands abutting storm water drains, tank and river beds, canals, lands reserved for parks and playgrounds, CA sites and lands coming under coastal regulation zones, would not be regularised.

The State said adequate safeguards had been put in place before regularising constructions that had violated building norms in the State.

The State had filed its statement in response to a public interest litigation (PIL) petition by the Citizens Forum for Mangalore Development challenging the decision of the State Government to afford an opportunity to violators to legalise illegal building constructions by paying penalty.

Clarification

The State made it clear that the scheme would only apply for “development which had already come up and were completed on or before September 14, 2007”.

The petitioners contested the Government statement and said the scheme would benefit the rich and not the poor and middle class. Moreover, the amendment to the Karnataka Town and Country Planning Act, legalising the violations, are illegal and unconstitutional.

They said the regularisation would benefit owners and occupants of high-rise buildings and not other classes or category of house holders. Besides, the penalty is too stiff for the poor to pay.When the petitioners said some high-rise buildings in Mangalore, too, had opted for the regularisation scheme despite a High Court ruling, the Bench sought to know from the Government and the Mangalore City Corporation whether its earlier interim order directing the builders not to violate building by-laws had been followed and whether such builders had sought regularisation of their constructions.

Mangalore stay order

When the Bench again sought to know whether the stay orders in respect of high-rise buildings in Mangalore are being violated, the Principal Government Advocate submitted that none of the buildings in the State had so far been regularised.

He said that civic bodies had started receiving applications for regularising buildings, and action would be taken only after December 14, which is the last date for receiving applications. The Bench orally asked the Government why it is giving a premium to those who violate the law.

The Bench orally remarked that it is weighing the consequences of any order it is likely to pass. “Any order we pass, we do not want it to be made use of for making money,” it said.

The Bench adjourned the case to December 4.

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