The Karnataka High Court has directed that a 15-floor building in an apartment complex in Peenya be demolished after the builder failed to comply with building by-laws and delayed proceedings for more than 10 years.
Justice Suraj Govindaraj ordered the demolition of Block A of Platinum City, an apartment complex in Peenya on November 25. The apartment complex houses around 1,800 families and most of the apartments were sold in the early 2000s.
The case relates to a writ petition filed in 2013 by Sheriff Constructions seeking occupancy certificate from the Bengaluru Development Authority. However, during the course of the case, multiple violations by the builder and lapses on the part of the BDA came to light.
While Sheriff Constructions maintained that it had submitted the building plan and paid the necessary charges, the BDA said it looked through its records and did not find a building plan. To this, the court said in September 2019, “It is incomprehensible that as to how the Authority would have received the amounts which amounts to about Rs.2.53 crores without raising a demand…”
The Court then directed Sheriff Constructions to submit a modified development plan and building plan in accordance with the existing construction within two weeks after going through Section 32 of the Bengaluru Development Authority Act, and Sections 15 and 17 of the Karnataka Town and Country Planning Act 1961.
The builder was to demolish the top most floor of Block A which included a swimming pool to reduce the height of the building in accordance with building bylaws.
In July 2024, a representative of the builder told the HC that the demolitions would be carried out within two months.
However, on November 25, based on the opinion of a structural engineer, the builders submitted to the court that the slab and beam of the 15th floor would render the building and the neighbouring building unstable and therefore it would not be possible to carry it out.
To this, the court said the builders had been granted several adjournments to rectify the defects and violations pointed out by the BDA, but the builder had not adhered to.
“Today, the above submission has been made, which again, speaks of malafides on part of the petitioner and the intention of the petitioner to delay the proceedings which have been pending from the year 2013. The latitude which has been extended to the petitioner is not on account of the petitioner but taking into account the various purchasers who have purchased the apartments wherein the illegal constructions have been put up by the petitioner… The petitioner now has come forward by categorically stating that the top portion cannot be demolished due to structural instability for the whole structure, and it is very clear that the rest of the building cannot be saved. Therefore, the entire building would need to be demolished.”
The court also said that any losses to the purchases would have to be borne by the builder according to the current value of the apartments. It directed the BDA Commissioner to prepare a plan for the eviction and demolition of the entire building and bring the building in compliance with the relevant building by-laws.
The BDA told the court that the tender would be issued within two weeks and awarded within a week after that.
The next hearing is on December 11.