Bad day for BBMP as it is at the receiving end of scathing observations
Censuring Bruhat Bangalore Mahanagara Palike for failing to identify rampant building bylaw violations across the city, the Karnataka High Court on Tuesday orally observed that the BBMP officials neither needed binoculars nor Sherlock Homes to track these violations.
PIL petition filed
A Division Bench comprising Justice D.V. Shylendra Kumar and Justice B.V. Pinto made these observations while hearing a public interest litigation (PIL) petition that complained that the former Chief Minister D.V. Sadananda Gowda had constructed a building at H.S.R. Layout allegedly in violation of building bylaws.
“Are your engineers working or sleeping? There are violations all over the city. But they are seeing nothing. Are they ignorant of the law or [are they] dumb? The violations are visible to the naked eye. It does not require binoculars or Sherlock Holmes to find these violations… All that the officials have to do is to see properly and act without any discrimination,” observed Justice Kumar when the BBMP counsel sought time to file additional affidavit to state whether construction was in violation of the approved plan.
The Bench adjourned hearing to September 4 asking the BBMP to file additional affidavit within two weeks.
In its main statement, the BBMP clarified to the court that it had approved modification to the originally approved building plan in October 2011 and said construction should be completed to find out if there are any violations. This didn’t wash with the court which asked the civic authority to file an additional affidavit.
Mr. Sadananda Gowda had already filed the affidavit stating that the PIL was “motivated” and he had undertaken the construction of the building as per the plan modified by the BBMP.
The High Court has restrained the BBMP from renewing any of the contract /work order with regard to any of the 126 Nirmal toilets built by the Infosys Foundation.
A Division Bench comprising Chief Justice Vikramajit Sen and Justice Aravind Kumar passed the order while hearing a PIL petition by R. Lakshmi Prasad, a resident of Vijayanagar. The petitioner had challenged the January 22 order issued by the BBMP to allot half of these toilets to its own pourakarmikas for maintenance.
Mr. Prasad said after the contract expired, the BBMP did not call for fresh tenders and that the toilets were also not properly maintained.
‘You missed the bus’
“Somebody constructs and you start making money out of that, as usual. You missed the bus… We will appoint someone,” the Bench observed orally while adjourning the hearing.
The Bench also ordered to implead the Sulabh Shauchalaya in the petition.