Holding that the power of the Bangalore Metropolitan Task Force (BMTF) is restricted to protecting public property and detecting unauthorized construction/encroachment on such land, the Karnataka high court on Thursday quashed the chargesheets and FIRs filed by BMTF against BBMP engineers for not stopping illegal construction on private properties.
"As per the notification, the power of the BMTF is to protect public property and detect unauthorized construction on them and launch prosecution in such cases against officers in this regard who fabricate and cause loss to the public exchequer. It is clear that the BMTF has no jurisdiction to register and investigate offences regarding unauthorized and illegal construction on private properties," Justice K N Keshavanarayana observed.
He also observed that though under Section 321 b of KMC Act, failure to take action against an illegal construction in a private land is an offence, the BMTF has no jurisdiction as its mandate is clearly limited to public properties. The judge noted that the procedure adopted by the BMTF in these cases is contrary to the Criminal Procedure Code and the permission granted by the magistrate is bad in law.
For the full report in the ToI, click here.
Well, isn't there a loss to exchequer when a private builder takes a snction for some two floors, paying the proportionate fees, and later adds 10 times as many floors, like in the many cases we are aware of (check here), after negotiating a deal with the jurisdictional engineer?
Besides, is one to make out that if BMTC constructs a TTMC without appropriate sanction, that's the kind of thing that BMTF is supposed to take up? But, then look (here) where my efforts towards getting some info on that landed.
What may be the options now before the civil society to keep a check on the rampant "akrama"?
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