The High Court of Karnataka on Tuesday directed a petitioner, who had “illegally” built a seven-storeyed building in Hassan, to deposit ₹50 lakh in court even as it allowed him to voluntarily demolish the top three floors of the structure under the supervision of Hassan municipality officials.
Meanwhile, the court also asked the civic body to examine whether the pleas of the petitioner, Leelakumar, who has constructed the building on his property situated along the Bengaluru-Mangaluru road passing through Hassan city, for regularising the construction up to the allowed limit were permissible according to its bylaws.
Justice Vineet Kothari passed the order after the petitioner’s counsel stated that the additional floors, built above the permissible limit of ground plus four floors, would be voluntarily removed by the owner. He also contended that the law permits the petitioner to seek regularisation of certain constructions by submitting a revised building plan and paying a penalty.
Though it was contended on his behalf that he had secured permission to commence construction and build a commercial complex, A. Ravishankar, counsel for Hassan municipality, pointed out to the court that the authority had only granted permission to lay foundation and the petitioner had not obtained licence for further constructions.
Notices issued
Meanwhile, Hassan municipality Commissioner B.A. Paramesh, in his report to the court, said he would write to the Urban Development Department for initiating departmental enquiry against the erring officials of the municipality. He said notices were issued and replies received from Nagabhushan, a former Commissioner (retired in June 2016), H.D. Nagendraiah, former assistant executive engineer (retired in July 2017), and H.S. Rashmi of the Public Works Department, who was then working on deputation as assistant engineer of the ward concerned. Ms. Rashmi was required to monitor the construction and report to her superiors, the Commissioner stated.
The court adjourned further hearing on the matter till November 13 while directing the Commissioner to submit video and photographs of the demolition process.