Karnataka HC directs Bangalore Development Authority to raze down 15-floor residential tower for violations
The court instructed the BDA to plan for the eviction and demolition of the entire building if compliance with building by-laws is not achieved.
The Karnataka High Court directed the Bangalore Development Authority (BDA) to prepare a plan to demolish an entire residential building tower if the builder fails to remove two illegally constructed floors. This order pertains to the IBC Platinum City in Bengaluru's Peenya area, where Sheriff Construction had unlawfully built the 14th and 15th floors of one of the eight apartment towers without obtaining the necessary approvals.
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What is the case about?
According to a report in Money Control, on November 25, the court instructed the BDA to plan for the eviction and demolition of the entire building if compliance with building by-laws is not achieved. The next hearing in the case is scheduled for December 11.
"The Bangalore Development Authority is directed to prepare a plan for eviction and demolition to ensure that the development aligns with applicable building regulations," the court stated. It also ruled that any financial losses suffered by buyers due to the demolition would need to be compensated by the developer based on the apartments' value at the time of demolition.
Sheriff Construction had initially promised to demolish the two unauthorized floors but later claimed that doing so would weaken the structural stability of the tower. However, the court highlighted that despite providing the developer multiple opportunities to rectify these violations since the case began in 2013, the firm appeared to be delaying the resolution process.
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Speaking to the publication, Anil Kalgi, president of the Bangalore City Flat Owners' Welfare Association pointed out that all eight towers in the development were being constructed in violation of the approved building plan. He said, "The high court clarified that if the developer cannot demolish the top two floors due to structural concerns, they must demolish the entire building and rebuild it in accordance with by-laws.”
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