Karnataka HC Orders Demolition of Illegal Building, Penalizes BBMP Officials for Inaction

The Karnataka High Court ordered the demolition of an illegally constructed building in JP Nagar 5th Phase and ordered the Bruhat Bengaluru Mahanagara Palike (BBMP) to recover demolition cost from its officials who had not acted about the violation.

The complaint pertains to a plot in Nanjundeshwara Layout, where residents protested in February 2020 alleging construction against an unauthorized building plan. The premises were visited by a joint commissioner from BBMP, who verified that there were no sanctioned plans and gave an assurance of demolition. However, no action followed.

Instead, the builder allegedly colluded with BBMP engineers to secure a backdated plan. “They issued a 2021 plan and backdated it to 2020 to show it was obtained before construction. But the document was forged,” said a resident. The Anti-Corruption Bureau later confirmed the forgery.

Despite the Karnataka Appellate Tribunal ruling in favour of demolition, BBMP remained unresponsive. The builder then approached the High Court with the forged plan, but the court saw through the attempt.

In a scathing order dated April 26, Justice Sanjay Gowda noted the building plan was approved on March 6, 2021 after the joint commissioner’s February 28 inspection. The assistant director of town planning (ADTP) subsequently issued a building licence on March 24, further indicating collusion.

The court cited extensive construction violations: setbacks deviated by 20%–95%, built-up area by 73.2%, floor area ratio by 73%, and an illegal floor added. Coverage exceeded limits by 48.1%, and overall height was 2.2 metres above approved limits.

Justice Gowda invoked Section 321-B of the Karnataka Municipal Corporations Act, which allows penal action against officials who fail to prevent illegal constructions.

The court directed BBMP to demolish the structure, initiate an inquiry against all involved including retired officials—and recover costs from them. It also ordered action against the ADTP who sanctioned the plan after the tribunal’s March 19, 2021 demolition order.