Karnataka High Court orders demolition of 15-storey flat in Bengaluru

The Karnataka High Court recently directed a local developer to raze down an entire 15-floor block in an apartment complex in Bengaluru after the developer expressed its inability to demolish the same..In an order passed on November 25, Justice Suraj Govindaraj directed the Bangalore Development Authority (BDA) to prepare a plan for “eviction and demolition of the entire building.”The Court granted BDA time till December 11 to prepare the plan for the evacuation and demolition of the 15-floor ‘A' Wing/Block of the apartment complex named Platinum City in the Peenya area in Northwest Bengaluru."In that view of the matter, Commissioner BDA is directed to prepare a plan for the eviction and demolition of the entire building as well as to bring the development in compliance with the applicable building bye-laws,” the High Court directed.The Court passed the order after noting that despite several adjournments and directions from the Court, the developer, one Sheriff Constructions, had failed to comply with orders on removing such portions of the apartment complex that were in violation of development norms and without a sanction plan.“The petitioner having violated the plan sanction and thereafter having undertaken to demolish has now come up with a new contention that the demolition would cause structural instability. The petitioner was permitted to demolish the top portion of the building with an intention to try and save the other floors when in fact there was a requirement for demolition of the entire building. 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 said..Pertinently, the Court also ruled that the builder (petitioner) would be responsible for the losses caused to the purchasers and will have to compensate them for the value of the apartments."This demolition is required to be made on account of the Petitioner, any losses caused to the purchasers would have to be borne by the Petitioner as per the value of the apartments as on the date of demolition, as also taking into consideration the inconvenience caused to such purchasers/residents,” the High Court said..The Court was hearing a petition filed by the developer in 2013 seeking directions to the BDA to grant occupancy certificates for some of the blocks in the said apartment complex.During previous hearings between 2013 and 2024, the Court had noted that though the development plan for the project was approved in the 1990s, there was no approved building plan for the project.The Court had subsequently directed the developer to submit revised development and building plans in conformity with BDA’s bylaws..Subsequently, it had directed the developer to demolish only the illegal portions of the building.However, during the last hearing on November 25, the developer filed an affidavit claiming that if the top portion of the structure that had been built without requisite sanction plan is demolished, the entire building’s stability would be put to risk.The Court then said that the entire building will have to be demolished and passed orders accordingly.The matter will be heard again on December 11..[Read Order]