Whether the city is governed by the rule of law or a jungle law?
A Division Bench of the Karnataka High Court posed this question to the Bruhat Bangalore Mahanagara Palike’s counsel on Wednesday during the hearing of a PIL, which has complained about illegal construction of a four-storey building allegedly encroaching upon a storm water drain at Yelenahlli in Bengaluru south.
Initially, the BBMP counsel told the bench that authorities have issued notice to the building owner, D. Ramachandar, and construction has been stopped.
However, counsel for the petitioner pointed out that he lives within 150 metres of the building and construction work has not stopped. A photograph, taken on January 6, 2018, of the building was produced before the bench.
At this juncture, BBMP counsel disclosed to the Bench that ‘the officials feared to even serve notices under the Karnataka Municipal Corporations Act against the person who is constructing the building’.
Following this, the bench comprising acting Chief Justice H.G. Ramesh and Justice P.S. Dinesh Kumar observed that ‘a big building is being constructed without sanction plan. Is rule of law is prevailing or it is jungle law? What are the engineers of the BBMP doing?’
The bench also observed that BBMP officials should have taken the help of the police if they were not able to discharge their duty due to fear while pointing out that the issue is very serious one.
Petitioner J. Sunil Kumar has contended that the building is being constructed without a sanctioned plan or approval from the BBMP while also claiming that the building may pose a serious threat to lives, as it is being built without following any engineering specification.
The bench adjourned further hearing while directing the BBMP to submit its response.