BANGALORE: The Karnataka High Court on Friday adjourned to January 22 more than 60 petitions challenging the Bangalore Mahanagara Palike (BMP) order directing the owners and tenants to seal or lock premises of buildings in Sadashivanagar which were allegedly used in violation of the zonal regulations.

The BMP had inspected the buildings in the area and issued notices to the tenants and owners of buildings for what it claimed was illegal change in the land use. In several cases, the BMP had locked premises found to have violated the zoning regulations.

On November 28, the court extended an interim order till January 22 directing the BMP not to seal or lock any premises. The court had taken to task the BMP for not filing its objections in all cases and instead filing a single statement. It had noted that each case was different and directed the BMP to file separate statement of objections.

Permission not taken

The BMP had claimed that owners and tenants had not obtained permission for change in land use and subsequently used residential houses for commercial and business purposes.

It said it had taken up a survey after a Division Bench of the High Court had admitted a public interest litigation (PIL) petition on the violation of building norms and zoning regulations in Sadashivanagar.

The PIL by the Sadashivanagar Residents Association had contended that several representations to the authorities had gone in vain and no action had been taken to set right the deviations. The BMP and the Bangalore Development Authority (BDA) had carried out a survey and submitted a detailed report to the court.

When the BMP started issuing notices under the Karnataka Municipal Corporation (KMC) Act, the residents had challenged them before the High Court. While the BMP claimed that the residents had not obtained permission from the BDA for change in land use, some owners and residents had said that they had been paying taxes at the commercial rate and that the establishments were set up years ago.

When the matter came up on Friday, the BMP sought time to file statements of objections in all cases. It said it had filed statements in certain petitions and sought more time.

Statement

In its statement of objections, the BMP said that because of due to the growth of Bangalore, there was an increase in violation of land use. Any violation, it said, would affect the residents of near-by areas.

SC judgment

Quoting a Supreme Court judgment in the M.C. Mehta versus Union of India case, it said the court had held that "bone has any right, human or fundamental, to violate law with impunity and right to use a building for a purpose other than authorised."

It said it had issued notices to tenants and owners of buildings if they were found to have violated the zoning regulations.

Justice Rammohan Reddy, who is hearing the cases, said the tenants had no locus standi in the case as the buildings were built by owners and owners had changed the land use.

He said it was for the landlords or owners to maintain the case and not the tenants and adjourned hearing on the case to January 22.

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