The Deccan Herald 05.10.2010
‘Legal hurdle’ to check violation of building plans
Lack of statutory authority to initiate action against officers erring in sanctioning plans seems to be one of the detriments in checking building bye-law violations.
There is no specific law to prosecute plan sanction authorities for their omissions.
According to officials in the Palike, the blame for violation cannot be put on a single person. The State Government recently amended Section 76F of the Karnataka Town and Country Planning (KTCP) Act to hold the officials who sanctioned building plans responsible for violations.
No provision for action
“However, there is no specific provision to initiate action against such officers,” the source pointed out.
Section 76F states: “The State Government or the Planning Authority concerned or any person authorised by the State Government or the Planning Authority in this behalf by general or special order may either before or after the institution of the proceedings compound any offense made punishable by or under this Act.” According to sources, the ‘anomaly’ in the Act has become a safe shelter for erring BBMP officials.
It is estimated that nearly eight lakh properties have violated building bye-laws in the City. The violation is fifty per cent in half of such properties. With Akrama-Sakrama scheme yet to secure Governor’s nod, officials need to be provided with a ‘lawful teeth’ to tame building bye-law violations.
