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Bengaluru development body to penalise officials who allowed illegal constructions

The Bangalore Development Authority , while regularising illegally constructed properties on its land, has decided to levy hefty penalty on engineers who sanctioned them.

On July 21, the government notified Bangalore Development Authority (allotment of unauthorised site with buildings) Rules, 2020, reiterating its decision to regularise illegal constructions on BDA properties.

For the purpose of regularisation, BDA said the owner has to pay an initial fee of Rs 500 along with a form and provide any one proof of residence dating back to 12 years from July 21.

These may include encumbrance certificate from the date of purchase from the original land owner to till date, photos of the site with building, tax paid receipt of the building for 12 years, certified copy of the khata, khata extract, proof of water connection since 12 years, proof of electricity connection since 12 years or proof of presence of building for past 12 years.

As many as 75,000 illegal properties are scheduled to be regularised by the government in the city. But more interestingly, the government has included a penal clause against assistant engineers, assistant executive engineers and executive engineers, who were guilty of either “turning a blind eye” or “conniving” with the owners to allow such encroachments over the last three to four decades.

“Notwithstanding anything contained in the disciplinary rules applicable, the competent authority shall issue a show-cause notice to the jurisdictional officer concerned and seek explanation in writing within15 days for his failure to prevent unauthorised occupation or construction in contravention of provisions of the Act…,” the rules state. This means even engineers who have retired from service will be held liable and have to cough up fines ranging from Rs 10,000 and above depending on the number of offences.

Asked if BDA has powers to issue show-cause notice and collect fines from even those who have retired from service, the commissioner said: “There are provisions to collect fine from them as well.”


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