Karnataka High Court issues guidelines to BBMP to prevent construction of buildings without approval or in deviation of sanctioned plan

Issuing guidelines to prevent the construction of buildings either without an approved plan or deviating from the sanctioned plan, the High Court of Karnataka has directed that the Bruhat Bengaluru Mahanagara Palike (BBBMP) should mandate that the owners/architects/supervisors of the buildings file affidavits at various stages of construction to declare/certify that structures are constructed as per the sanctioned plan.

Issuing guidelines to prevent the construction of buildings either without an approved plan or deviating from the sanctioned plan, the High Court of Karnataka has directed that the Bruhat Bengaluru Mahanagara Palike (BBBMP) should mandate that the owners/architects/supervisors of the buildings file affidavits at various stages of construction to declare/certify that structures are constructed as per the sanctioned plan.

Justice Suraj Govindaraj laid down the steps to be followed by the BBMP to prevent illegal constructions after noticing that though the BBMP has adopted a memorandum of procedure along with detailed methodology to act against illegal constructions, it is lacking in preventive measures.

While laying down elaborate steps to be adopted by the BBMP, the court said the owners/architects/supervisors will have to file affidavits after the completion of the foundation and footing; after the construction of columns; and after the roof of each floor is put up.

However, the affidavits will have to be filed mandatorily every three months irrespective of whether these stages of construction have been completed during such periods, the court clarified.

Before the grant of any plan sanction, the court said, when an application for plan sanction is made, BBMP authorities have to secure the contact details of the applicant, the architect, and the supervisor of construction, including the complete postal address (both residential and official), mobile numbers, e-mail IDs, WhatsApp number, Telegram number, etc.

Once the plan is sanctioned, periodical inspection should be conducted once in 30 days by the ward officer/engineer concerned and a report has to be filed detailing the nature of the inspection carried out, the compliance with the plan sanctioned or any violation of the plan sanctioned, the court said.

In the event of there being any violation, the court said, notice has to be issued immediately to the owners/builders or the person who has obtained the plan sanction, notifying the deviations and calling upon them to remove the said deviations, in terms of Section 248 [demolition or alteration of buildings unlawfully commenced, carried on or completed] of the BBMP Act, 2020.