HC: Things can be set right if one officer is sent to jail

DISREGARD FOR COURT ORDERS

HC: Things can be set right if one officer is sent to jail

BBMP Ordered To Raze Illegal Structure In Two Weeks

TIMES NEWS NETWORK

Bengaluru:11.11.2021

Reiterating its strong disapproval of government officers’ tendency to take court orders lightly, the high court on Tuesday said the situation may improve if one officer is sent to jail for disobeying them, as a test case.

If one officer is sent to jail, everyone will fall in line, a division bench headed by chief justice Ritu Raj Awasthi orally observed after noticing gross delay and inaction on the part of BBMP in relation to demolition of an illegal structure in Sriramapura put up by a temple trust, despite a specific court order passed on February 5, 2020 to complete the task within six weeks.

The bench noted that the fourth respondent (Sri Ramachandra Swamy temple trust) has not moved any application for grant of time to undertake removal of the illegal construction and added it was the responsibility of BBMP to ensure the demolition.

“Counsel for BBMP informed us that a certain portion of the illegal construction has been removed. But some part hasn’t. We are surprised as to why the illegal construction has not been demolished. We direct BBMP to complete the demolition within two weeks, failing which its chief commissioner along with all authorities concerned shall be present before the court so that they may be proceeded against for deliberate noncompliance of the court order,” the bench observed.

On February 5, 2020, the court had recorded based on BBMP’s submission that the illegal structure consists of two parts — the first floor measuring 15.5 x 9.45 metre and sheet room which measures 4.7 x 7.4 metre. Though the Palike had claimed it needs to prepare an expenditure estimate and obtain sanction for demolition, the court had noted that since there is an order under sub-section (3) of Section 321 of Karnataka Municipal Corporations Act, 1976, and another under Section 462 of the Act was passed on January 20, 2020, no further nod was required.