HC notice to State on regularising illegal constructions

Amendment to law favours illegal squatters when law abiding citizens wait for allotment of BDA site, PIL alleges

January 05, 2021 12:27 am | Updated 12:27 am IST - Bengaluru

The High Court of Karnataka on Monday ordered issue of notice to the State government on a PIL petition, which has contended that the Bangalore Development Authority (BDA) cannot regularise illegal constructions put up in layouts formed by BDA, after the layouts were transferred to the Bruhat Bangalore Manahagara Palike (BBMP).

A Division Bench passed the order on the petition filed by K.B. Vijayakumar, a city-based advocate.

“The action of regularising illegal possession of lands acquired by the BDA and illegally constructed structures amounts to encouraging illegal possession of government lands and penalising honest citizen who paid exorbitant prices for purchase a piece of land from the open market or from the through allotment by waiting for years,” the petitioner claimed.

Pointing out that people have been applying for years and years for allotment of a site in BDA formed layouts, the petitioner contended that allowing somebody illegally squatting on lands acquired by the BDA violates the basic right of equity before the law guaranteed under the Constitution.

“When the land itself is an illegal holding, trying to regularise the building on it is not acceptable especially when the power for sanctioning/approving building plans lies with the BBMP and not BDA,” the petitioner contended, while questioning the legality of amendment made to the BDA Act by inserting Section 38D to enable regularisation of unauthorised occupation and illegal constructions on lands acquired by the BDA in the city.

Top News Today

Sign in to unlock member-only benefits!
  • Access 10 free stories every month
  • Save stories to read later
  • Access to comment on every story
  • Sign-up/manage your newsletter subscriptions with a single click
  • Get notified by email for early access to discounts & offers on our products
Sign in


Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.

We have migrated to a new commenting platform. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.