Karnataka High Court Calls For Action Against Authorities Who Granted Building Permissions In "No Construction Zone" Along National Highways

The Karnataka High Court has directed the State Government to take action against persons in authority, who granted "illegal permissions" in respect of various building structures to be constructed in the "no construction zone" along the National Highway. 

A Bench of Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum further ordered that the illegal structures in question should be demolished within a period of sixty days.

The development comes in a PIL filed against 4 private respondents who had allegedly illegally constructed structures crossing the building line adjoining the National Highway - 66.

Since the petitioner was a neighbor of the private respondents, the Court by an order dated 26th February 2021 decided to treat the PIL as a suo motu petition.

The petitioner relied upon a Circular issued by the State Government dated December 22, 2005, which stated that the "no construction zone" in respect of National Highway is up to 40 meters, State Highway is up to 40 meters and District main road is up to 25 meters. 

Relying on Sections 7 and 9 of the Karnataka Highways Act, 1964, Senior Counsel Udaya Holla appearing for National Highway Authority of India conceded that no construction could take place in the 'no construction zone".

The Respondents on the other argued before that they had obtained permission from the competent Authorities and thus they were not at fault in the matter.

"It is true that permission was granted from time to time for construction of the building but the fact remains that the construction is in "no construction zone" and contrary to the statutory provisions", noted the Court.

The Bench relied on a Division Bench's order in the case of Sri A.R.Srinivasa Reddy Vs. Sri Singh and others  decided in December, 1999 wherein it was clarified that there could not be any construction within the area of 40 meters from the centre of the road being National Highway.

In the light of the aforesaid judgment and the statutory provisions, Justice Sharma ordered that the buildings constructed crossing the building line had to be demolished to the extent they were crossing the building line.

"The other important aspect of the matter is that the Authorities who have granted permission for such unauthorized constructions also deserves to be proceeded in accordance with law", he added.

Accordingly, the Court directed the State Chief Secretary to hold a fact finding enquiry for fixing the responsibility upon the persons who have granted the permissions. It added,

"...after conducting a fact finding enquiry, the State of Karnataka shall be free to initiate departmental enquiry/criminal prosecution, if law permits in accordance with law. The exercise of conducting fact finding enquiry be concluded within a period of two months from today."

Case Title: Dayananda B Shetty v. The Executive Engineer & Ors.

Counsel for the Respondents: AGA Vijayakumar A Patil For R3 & R5; Senior Advocate Udaya Holla for R1; Advocates RV Naik And Nithyananda MK For R2; Advocate Ashok N Nayak For R4; Advocate Joseph Anthony For R7 To R10 and Advocate A Mohammed Tahir For R6

Click here to Download the Order.