In Karnataka, buildings violating municipal bylaws are the order of the day. Among new constructions, buildings which do not violate the building bylaws in any way are almost nonexistent. With illegal buildings (and even illegal layouts) springing up everywhere and the authorities taking no action, the situation seems hopeless. Many believe that the recent judgment of the Supreme Court ordering the demolition of several illegal floors of the Campa Cola Apartments in Mumbai will rein in such illegal construction. Will the judgment have any major effect in Karnataka?
A careful reading of the judgment does not give much hope. There are basically two reasons for this pessimistic view:
1. Despite several strong orders of the Supreme Court and various High Courts, illegal constructions are increasing rapidly all over the country. In fact, in its Campa Cola order, the Supreme Court has recognized that judicial orders have had little effect in curbing illegal constructions. Quoting an earlier decision ((2009) 15 SCC 705), the Supreme Court says "Unfortunately, despite repeated judgments by this Court and the High Courts, the builders and other affluent people engaged in the construction activities, who have, over the years shown scant respect for regulatory mechanism envisaged in the municipal and other similar laws, as also the master plans, zonal development plans, sanctioned plans, etc., have received encouragement and support from the State apparatus. As and when the Courts have passed orders or the officers of local and other bodies have taken action for ensuring rigorous compliance with laws relating to planned development of the cities and urban areas and issued directions for demolition of the illegal/unauthorized constructions, those in power have come forward to protect the wrongdoers either by issuing administrative orders or enacting laws for regularization of illegal and unauthorized constructions in the name of compassion and hardship." In fact, Maharashtra has passed Regulations which allow for the regularization of the illegal Campa Cola buildings, but the Supreme Court held that they can not be applied since they came into effect after the case was filed. In Karnataka also, successive governments have announced "Akrama-Sakrama" schemes and seem bent on perpetuating illegal constructions.
2. Quoting another earlier decision ((2004) 8 SCC 733), the Supreme Court says "Builders violate with impunity the sanctioned building plans and indulge in deviations much to the prejudice of the planned development of the city and at the peril of the occupants of the premises constructed or of the inhabitants of the city at large...If such activities are to stop some stringent actions are required to be taken by ruthlessly demolishing the illegal constructions and non-compoundable deviations. The unwary purchasers who shall be the sufferers must be adequately compensated by the builder. The arms of the law must stretch to catch hold of such unscrupulous builders...Probably (the builder) was under the impression that he would be able to either escape the clutches of the law or twist the arm of the law by some manipulation. This impression must prove to be wrong." After having said this, the Supreme Court, in the Campa Cola order does not punish either the builders or the officials who allowed fourteen illegal floors to be constructed. It just said that the illegal floors should be demolished and that the flat buyers were free to avail appropriate remedy against the developers/builders. Such a lenient order is not likely to deter the builders from building illegal buildings and the officials from conniving with the builders.
B.V. Shenoy, Mysore Grahakara Parishat