HC notice on plea seeking to prescribe penalty for BBMP officials failing to prevent illegal construction

The High Court of Karnataka on Wednesday ordered notice to the State government on a PIL petition seeking direction to prescribe punishments for jurisdictional officers who fail to prevent unauthorised deviations or constructions under Bruhat Bangalore Mahanagara Palike (BBMP) Act, 2020.

A Division Bench comprising acting Chief Justice Alok Aradhe and Justice S. Vishwajith Shetty passed the order on the petition filed by Umapathi S., a city-based advocate.

The petitioner has pointed out that Section 252 of the BBMP Act states that the jurisdictional officer who is proved to have failed to prevent unauthorised deviation or construction that have taken place in his jurisdiction shall be liable for such punishment as may be prescribed.

However, penal action against the officers cannot be initiated without prescribing the punishment by enacting the rules, the petitioner said, while emphasising immediate need to prescribe punishment by enacting rules for organised growth of the city.

The petitioner has pointed out the government in 2019 had framed rules prescribing penalty for officials for their failure to prevent unauthorised constructions under Section 321-B of the Karnataka Municipal Corporations Act, 1976, only after he filed a PIL petition in 2018.

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Printable version | Sep 9, 2022 9:40:46 am | https://www.thehindu.com/news/national/karnataka/hc-notice-on-plea-seeking-to-prescribe-penalty-for-bbmp-officials-failing-to-prevent-illegal-construction/article65754991.ece