Karnataka High Court Asks State, Municipal Corporations To Initiate Departmental Enquiry Against Officers Who Fail To Check Illegal Constructions

Justice M Nagaprasanna said,

"It is necessary that the jurisdictional Assistant Engineer, Assistant Executive Engineer or the Executive Engineer as the case would be, of all the Corporations, who are empowered to act, under the Act, are required to act swiftly, the moment such illegal or unauthorised construction comes to light, either by such officers themselves or on any complaint being registered against such construction, take action in accordance with law, without any loss of time, failing which, the State or the Corporations shall initiate departmental enquiry against those Officers who show or have shown lackadaisical attitude in the performance of their duty to check the growth of such illegal constructions in their jurisdictions."

The court opined that "administrative tolerance" against such officers should be reduced to zero, as time has come, where a citizen who undertakes unauthorised construction should be dealt with stern hands, equally so, the Officers who permit such construction also be dealt with the same stern hands.

The court further opined,

"The common man bears the brunt, feels cheated when he finds those making illegal and unauthorised constructions getting support, sometimes, either tacit or direct, by the wings of the State which are enjoined with a duty to act swiftly and stall such construction."

The court gave the direction while dismissing a petition filed by one K.S.Eshwarappa, challenging an order issued by the Shimoga Municipal Corporation by which his property was to be demolished invoking provisions of the Karnataka Municipal Corporations Act, 1976.

The court on going through the records said, "On a conjoint reading of the provisions of the Act, what would unmistakably emerge is that an application seeking construction or reconstruction would be submitted under Section 313 of the Act. Without express permission, no work shall be undertaken under Section 314 of the Act. Section 315 of the Act mandates the period in which the Corporation is to grant or refuse to grant permission to execute such work and in terms of Section 316 of the Act, on the delay in granting or refusing permission, the applicant is at liberty to approach the Standing Committee."

It added that, "The Standing Committee shall consider such a request and pass appropriate orders within 30 days and in the event, no order is passed, the permission for such construction is deemed to have been granted."

The court held that, "Except submission of application under Section 313 of the Act, none of the other statutory formalities are performed by the petitioner nor has displayed patience to wait for such permission to undertake construction. It is, therefore, a fit case where the petitioner has wantonly abused law and undertaken construction."

The court dismissed the petition and imposed a cost of Rs. 50,000 on the petitioner and directed him to deposit the amount with the Chief Minister's Relief fund. It also directed the corporation to take the impugned order to its logical conclusion.

Case Title: K.S.Eshwarappa v. The Commissioner City Corporation

Case No: Writ Petition No.20333 of 2021

Date Of Order: 20 December, 2021

Appearance: Advocate Pruthvi Wodeyar, for Petitioner; Advocate Ashwin S.Halady, for R1 And R2; Advocate Prathima Honnapura, for R3

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