Bengaluru, Nov 29: The government of Karnataka has proposed to introduce jail term along with hefty fine for offences related to certain types of violation of the laws regulating buildings under the Karnataka Municipal Corporations (KMC) Act, 1976 in various city corporations across the state.
The present rule only imposes a fine on those who violate construction laws. If the new proposal comes to effect the violators of the building laws in the cities would face imprisonment, up to a maximum of two years, with a fine up to Rs. 50,000.
The government has also proposed to enhance the fine amount between Rs. 2,000 and Rs. 5,000 for some other types of violations, for which the existing fine is as low as Rs 20, and the penalty will continue to be imposed only as fine on conviction, and imprisonment, from two days to three months, has been proposed only for the non-payment of the fine.
A copy of the draft notification, dated November 27, 2018, has been submitted before a Division Bench, comprising Chief Justice Dinesh Maheshwari and Justice S. Sujatha, of the High Court of Karnataka on Wednesday during the hearing of a PIL petition, filed by Umapathi S., a city-based advocate.
The petitioner had complained that no punishment was prescribed though the government, back in 2007, had introduced Section 321B to the KMC Act stating that jurisdictional officers, who are proved to have failed to prevent unauthorised deviation or construction, are liable for punishment.
The draft notification proposes to impose punishment in the nature of imprisonment and fine on conviction for 18 different types of violations.
In the remaining 18 types of violations, only a fine will be imposed as punishment and imprisonment will only be imposed if the fine is not paid.
Both the building owners and the officials of city corporations are liable for punishment.
An official found guilty under Section 321B will be liable for a simple imprisonment up to two years and fine up to Rs. 50,000 on his conviction.
A simple imprisonment of up to two years and fine up to Rs. 50,000 has been proposed for property owners and others who construct or reconstruct buildings in violation of Section 295(5) of the KMC Act, and the building by-laws.
The existing fine of Rs. 20 for failure to keep the external part of the wall in proper condition is proposed to be enhanced to Rs. 5,000.
Similarly, the existing fine of Rs. 50 for constructing an external roof, a pandal or wall of a building and construction of a shed or fence, of cloth, grass, leaves, mats or other inflammable materials, without permission or such retention is proposed to be enhanced to a simple imprisonment of up to two years and a fine up to Rs. 50,000.
The government has given 30 days for the public and others to submit their objections and suggestions to these proposals.
Comments
Add new comment