High court stays BDA action as Bengaluru apartment faces power disconnection threat

Time of India

2 days ago

Bengaluru: The high court stayed Bangalore Development Authority's (BDA) decision to cancel the no-objection certificate (NOC) and occupancy certificate (OC) of Kendriya Vihar Apartments in Yelahanka after residents challenged the move, citing a lack of fair hearing.
The 24-year-old apartment complex, which made headlines two years ago due to flooding, now faces risks of power disconnection and cancellation of possession certificate after the fire and emergency services department directed Bescom and BBMP to withhold approvals. A copy of the directive is available with TOI.
The HC stay came during the hearing of a writ petition on May 22, where Justice CM Joshi observed that BDA's move — which also led to power supply being cut — was taken without giving the petitioner an opportunity to be heard, violating the principle of a fair hearing.
The judgment followed a directive from the fire department, which asked Bescom and BBMP to disconnect electricity and revoke possession approval for the high-rise complex at Kogilu Cross in Yelahanka, citing serious violations of fire-safety norms.
The 29.6-metre-tall building allegedly failed to renew its mandatory fire-clearance certificate — which, under the National Building Code and state rules, must be updated every two years.
A 2024 inspection by the Yelahanka fire station confirmed violations of safety and zoning regulations.
Officials said the builder was required to obtain a fire NOC before construction and clearance certificate after completion, both of which were either delayed or not renewed. Despite several reminders and a final seven-day notice issued in March 2025, the clearance remains pending.
Following this, the department formally asked Bescom not to supply power to the building — or to disconnect if already provided — and instructed BBMP to withhold or cancel the project's possession certificate.
Copies of the letter were also sent to the building owner and local representative.
Shiva Prasad, president of Kendriya Vihar Apartment Owners' Association, told TOI: "Our building is 24 years old. We took charge in 2011 after the earlier associations failed to renew the fire NOC. We applied for renewal in Feb this year, but now we're being penalised for legacy issues. The rules shouldn't apply selectively to Kendriya Vihar. With so many complications, only the court can bring clarity."