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

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.

You have reached your limit for free articles this month.

Subscription Benefits Include

Today’s Paper

Find mobile-friendly version of articles from the day’s newspaper in one easy-to-read list.

Unlimited Access

Enjoy reading as many articles as you wish without any limitations.

Personalised recommendations

A select list of articles that match your interests and tastes.

Faster pages

Move smoothly between articles as our pages load instantly.


A one-stop-shop for seeing the latest updates, and managing your preferences.


We brief you on the latest and most important developments, three times a day.

Support Quality Journalism.

*Our Digital Subscription plans do not currently include the e-paper, crossword and print.


Source link

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.