The High Court of Karnataka on Monday issued guidelines to civil courts and tribunals on litigations related to illegal constructions and buildings constructed by deviating from sanctioned plans, challenging actions taken against such structures by the Bruhat Bangalore Mahanagara Palike (BBMP).
A Division Bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Pradeep Singh Yerur said that the civil courts and tribunals were required to record a finding that there exists a prima facie case to pass interim orders against actions initiated by the BBMP against such illegal structures.
It is necessary for the courts and tribunals to prima facie ascertain, prior to granting any interim order, whether the constructions were made lawfully or whether the alleged illegal structures or portions of the buildings can be brought under the purview of the laws related to regularisation of certain types of unauthorised constructions, including the rules made for regularisation in 2014, the Bench said.
If a building owner fails to produce a copy of the sanctioned plan of the buildings, it is obvious for the civil courts and tribunals to record a prima facie finding that the constructions lack legal approval, the Bench said, while pointing out that civil courts and tribunals should refer to the verdicts of the Supreme Court on illegal constructions in cities before retraining authorities from carrying out demolition of illegal structures.
The Bench also said that it is the obligation of the BBMP to ensure that its law officers and advocates file objections and replies within time to the litigations initiated by the building owners before the civil courts and tribunals, and to strengthen its legal system for defending proceedings before the civil courts and tribunals.
