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Karnataka HC orders demolition of illegal building, recovery of costs from BBMP officials
Karnataka HC orders demolition of illegal building, recovery of costs from BBMP officials

Time of India

time3 days ago

  • Time of India

Karnataka HC orders demolition of illegal building, recovery of costs from BBMP officials

BENGALURU: In a strong move against civic apathy and unauthorised construction, the high court ordered the demolition of an illegal building at JP Nagar 5th Phase and directed that the costs be recovered from BBMP officials who failed to prevent the violation. The case centres around a residential building at Nanjundeshwara Layout , which local residents alleged was coming up without an approved building plan. Complaints were raised in Feb 2020, and during a site inspection, a BBMP joint commissioner confirmed the structure had no sanctioned plan. He assured the residents that the building would be demolished. But action never came. Instead, the builder allegedly colluded with BBMP engineers to procure a backdated plan. "They issued a 2021 plan and backdated it to 2020 to show as if it had been obtained before the construction. But the document was forged. The Anti-Corruption Bureau confirmed this during its inquiry," said a resident who closely followed the case. Despite a Karnataka Appellate Tribunal ruling in favour of its demolition, BBMP remained inactive. The builder then moved the high court with the same forged documents. However, the court wasn't convinced. The involvement of BBMP officials came to light after the case was escalated in court by the building owner himself. Justice Sanjay Gowda, in his April 26 order, pulled no punches. He pointed out that the building plan was approved on March 6, 2021, while the spot inspection by the joint commissioner had occurred earlier, on Feb 28, 2021. The assistant director of town planning (ADTP) not only approved the plan but also issued a building licence on March 24, 2021. "The fact that the engineer was able to provide the licence plan number and the date itself indicates the nature of collusion between the applicant and the engineers concerned," the court noted. The building had massive deviations from the sanctioned norms. "As could be seen from the above, in respect of setback, there are deviations ranging from 20% to 95%. In respect of coverage, there is a deviation of 48.1%, in respect of built-up area, there is a deviation of 73.2% and in respect of FAR, there is a deviation of 73%. The report also points out that there is a violation of the sanctioned height by about 2.2 metres and there is an extra floor constructed. The report also indicates that there is a deviation to the extent of 48.1% in respect of all floors put up and this would therefore fundamentally indicate that there is a gross violation from the sanctioned plan which in fact was cancelled," the court said. Citing Section 321-B of the Karnataka Municipal Corporations Act, the court clarified that if BBMP officers fail to stop illegal construction, they can be penalised. The more violations they overlook, the heavier the penalties. The court has now directed BBMP to take strict action. This includes holding an inquiry into officials, including retired ones who were involved in sanctioning the post-demolition plan. The court said BBMP should also recover the cost of demolition from these officials. "BBMP would also have to take action against the ADTP who sanctioned the plan after the order of confirmation was passed on March 19, 2021," the court noted.

Karnataka high court orders demolition of illegal building, recovery of costs from BBMP officials
Karnataka high court orders demolition of illegal building, recovery of costs from BBMP officials

Time of India

time3 days ago

  • Time of India

Karnataka high court orders demolition of illegal building, recovery of costs from BBMP officials

Bengaluru: In a strong move against civic apathy and unauthorised construction, the high court ordered the demolition of an illegal building at JP Nagar 5th Phase and directed that the costs be recovered from BBMP officials who failed to prevent the violation. The case centres around a residential building at Nanjundeshwara Layout, which local residents alleged was coming up without an approved building plan. Complaints were raised in Feb 2020, and during a site inspection, a BBMP joint commissioner confirmed the structure had no sanctioned plan. He assured the residents that the building would be demolished. But action never came. Instead, the builder allegedly colluded with BBMP engineers to procure a backdated plan. "They issued a 2021 plan and backdated it to 2020 to show as if it had been obtained before the construction. But the document was forged. The Anti-Corruption Bureau confirmed this during its inquiry," said a resident who closely followed the case. Despite a Karnataka Appellate Tribunal ruling in favour of its demolition, BBMP remained inactive. The builder then moved the high court with the same forged documents. However, the court wasn't convinced. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Descubra ofertas de voos imperdíveis Voos | Anúncios de Pesquisa Saiba Mais Undo The involvement of BBMP officials came to light after the case was escalated in court by the building owner himself. Justice Sanjay Gowda, in his April 26 order, pulled no punches. He pointed out that the building plan was approved on March 6, 2021, while the spot inspection by the joint commissioner had occurred earlier, on Feb 28, 2021. The assistant director of town planning (ADTP) not only approved the plan but also issued a building licence on March 24, 2021. "The fact that the engineer was able to provide the licence plan number and the date itself indicates the nature of collusion between the applicant and the engineers concerned," the court noted. The building had massive deviations from the sanctioned norms. "As could be seen from the above, in respect of setback, there are deviations ranging from 20% to 95%. In respect of coverage, there is a deviation of 48.1%, in respect of built-up area, there is a deviation of 73.2% and in respect of FAR, there is a deviation of 73%. The report also points out that there is a violation of the sanctioned height by about 2.2 metres and there is an extra floor constructed. The report also indicates that there is a deviation to the extent of 48.1% in respect of all floors put up and this would therefore fundamentally indicate that there is a gross violation from the sanctioned plan which in fact was cancelled," the court said. Citing Section 321-B of the Karnataka Municipal Corporations Act, the court clarified that if BBMP officers fail to stop illegal construction, they can be penalised. The more violations they overlook, the heavier the penalties. The court has now directed BBMP to take strict action. This includes holding an inquiry into officials, including retired ones who were involved in sanctioning the post-demolition plan. The court said BBMP should also recover the cost of demolition from these officials. "BBMP would also have to take action against the ADTP who sanctioned the plan after the order of confirmation was passed on March 19, 2021," the court noted. —-——- Box A wake up call, says neighbour VV Madhusudana Rao, the neighbour who complained about the violation to BBMP told TOI, "This is purely a residential society and how can we have a building built in violation (of rules)? There were a lot of twists and turns in the case with the petitioner complaining to BBMP that even my building is in violation... The HC in fact noted that the petitioner has wasted BBMP's and the court's time with false complaints. Such verdicts should be a wake up call for people building multiple floors and officials approving the plans and turning a blind eye to such violations. "

Bengaluru's agency drags feet on enforcing Supreme Court order on connections without occupancy certificates
Bengaluru's agency drags feet on enforcing Supreme Court order on connections without occupancy certificates

Time of India

time22-05-2025

  • Politics
  • Time of India

Bengaluru's agency drags feet on enforcing Supreme Court order on connections without occupancy certificates

Bengaluru: Five months after the Supreme Court directed that no essential services be extended to buildings without Occupancy or Completion Certificates (OC/CC), the Bangalore Water Supply and Sewerage Board (BWSSB) is yet to issue a formal circular mandating compliance. The delay has raised concerns about inconsistent enforcement across civic bodies in Bengaluru. The SC order, issued on Dec 17, 2024 in response to a building collapse in North Bengaluru that claimed nine lives, laid out 12 directions, including a ban on providing electricity and water to unauthorised constructions. The judgment also called for holding officials accountable under civil service rules for non-compliance. While agencies such as the urban development department, BBMP, and Bescom have begun implementing the directive, BWSSB has not yet followed suit. Bescom issued a circular on April 4 requiring OC/CC documentation for new power connections and allowing disconnections if BBMP confirms violations under Section 248(3) of the Karnataka Municipal Corporations Act. In contrast, BWSSB continues to cite internal procedures for the delay. Despite a directive from the chief secretary on Jan 15 and a govt order dated Jan 31 instructing all civic bodies to comply with the SC ruling, BWSSB is yet to formally inform field officers or announce an implementation timeline. The lack of enforcement has drawn criticism from residents and civic groups who say the absence of clear directives enables unauthorised buildings to continue receiving water connections, even if power supply is denied. "Without coordination between all utility agencies, the Supreme Court's order loses much of its effect," said a senior official. R Rajagopalan, convener, the Bengaluru Coalition, told TOI: "Despite the SC's mandate, BWSSB has dragged its feet under the pretext of requiring a board meeting. Field engineers won't act without a formal circular. The chairman appears content allowing illegal connections while levying a 50% surcharge. This disregard for the law has compelled us to seek the chief secretary's intervention." BWSSB chairman Ram Prashath Manohar acknowledged the SC directive but indicated the matter is still under internal discussion. "Yes, there was an SC directive stating that water connections should not be provided to buildings lacking OCs. BWSSB has been directed to implement this. However, discussions are still ongoing at the higher level. While no specific deadline has been communicated yet, a meeting was held on May 13 to address violations. As of now, it remains at the discussion stage," he said. Meanwhile, BBMP has begun actively reaching out to property owners applying for electricity connections without valid OCs. According to BBMP data, over 66,400 such applications have been received within city limits. Officials are contacting applicants via sms and phone calls to verify details such as property khata status, sanctioned building plans, and OC application status. BBMP chief commissioner has urged citizens to regularise their properties and apply for occupancy certificates through registered architects or engineers using the BBMP's online portal.

Belagavi City Corp (BCC) slaps Rs 7 crore penalty on firm over tax evasion
Belagavi City Corp (BCC) slaps Rs 7 crore penalty on firm over tax evasion

Time of India

time03-05-2025

  • Business
  • Time of India

Belagavi City Corp (BCC) slaps Rs 7 crore penalty on firm over tax evasion

Belagavi City Corporation (BCC) has imposed a hefty penalty of Rs 7,08,66,578 on Vega Funmobile Private Limited for alleged tax evasion and violations of building construction norms BELAGAVI: Belagavi City Corporation (BCC) has levied a tax penalty of Rs 7,08,66,578 on Vega Funmobile Private Limited for alleged tax evasion and serious violations in building construction norms. According to BCC sources, the penalty was imposed based on discrepancies between the actual built-up area and the area declared for property tax assessment, and also in view of the fact that it continued to pay taxes under the commercial slab though its operations fell under the industrial category . The company reportedly admitted to the violations during proceedings, prompting action under Section 112(C) of the Karnataka Municipal Corporations Act , 1976. Shubha B, the BCC commissioner, passed the order, following three hearings on Jan 31, April 15, and April 21, 2025. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like New Container Houses Egypt (Take A Look At The Prices) Container House Search Now Undo In keeping with the Municipal Act, the company must deposit 50% of the penalty amount before appealing to the BCC standing committee on taxation. "The tax was calculated after deducting previously paid tax amounts," Shubha told TOI. "The 24,000 sq ft structure is entirely unauthorised, constructed without a valid building permit. Despite this, the company has been paying tax since 2004, using the self-assessment scheme, which lacked verification," the officer said. Shubha added that Vega Funmobile had entered a memorandum of understanding (MoU) with BEMCO Company for leasing the land in August 2002. Initially, in 2002-03, the company had paid taxes, declaring the land as vacant. Though building permission was granted in Dec 2003, there was no construction in 2004-05. Even then, building tax was paid under the commercial slab, even though the usage fell under the industrial category. The commissioner initiated a detailed inquiry upon detecting these discrepancies. Following the hearings, an order dated April 25 directed the company to remit the full tax and penalty amount to BCC.

BCC slaps Rs 7Cr penalty on firm over tax evasion
BCC slaps Rs 7Cr penalty on firm over tax evasion

Time of India

time02-05-2025

  • Business
  • Time of India

BCC slaps Rs 7Cr penalty on firm over tax evasion

Belagavi: Belagavi City Corporation (BCC) has levied a tax penalty of Rs 7,08,66,578 on Vega Funmobile Private Limited for alleged tax evasion and serious violations in building construction norms. According to BCC sources, the penalty was imposed based on discrepancies between the actual built-up area and the area declared for property tax assessment , and also in view of the fact that it continued to pay taxes under the commercial slab though its operations fell under the industrial category . The company reportedly admitted to the violations during proceedings, prompting action under Section 112(C) of the Karnataka Municipal Corporations Act , 1976. Shubha B, the BCC commissioner, passed the order, following three hearings on Jan 31, April 15, and April 21, 2025. In keeping with the Municipal Act, the company must deposit 50% of the penalty amount before appealing to the BCC standing committee on taxation. "The tax was calculated after deducting previously paid tax amounts," Shubha told TOI. "The 24,000 sq ft structure is entirely unauthorised, constructed without a valid building permit. Despite this, the company has been paying tax since 2004, using the self-assessment scheme, which lacked verification," the officer said. Shubha added that Vega Funmobile had entered a memorandum of understanding (MoU) with BEMCO Company for leasing the land in August 2002. Initially, in 2002-03, the company had paid taxes, declaring the land as vacant. Though building permission was granted in Dec 2003, there was no construction in 2004-05. Even then, building tax was paid under the commercial slab, even though the usage fell under the industrial category. The commissioner initiated a detailed inquiry upon detecting these discrepancies. Following the hearings, an order dated April 25 directed the company to remit the full tax and penalty amount to BCC.

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