Demolition of Unauthorized Buildings

Following the tragedy, a demolition of an under-construction ground + 5-storey building, located at the Horamavu area of ​​Mahadevapura Zone, is currently underway.

The building is owned by one Puttappa, covers an area of ​​10 X 25 feet and has developed cracks. Following the orders of Deputy Chief Minister DK Shivakumar, a drive has been initiated in the Mahadevapura Zone to identify and demolish unauthorized buildings in the area.

In Islampur of HAL Ward, a ground + 1-storey building owned by Sriram has been marked for demolition. The building is old and in a dilapidated condition. An earthmover is being used for the demolition process after the materials from the house were removed.

The BBMP will also begin a survey of all under-construction buildings, both private and public, on Monday. The BBMP will photograph and video record each building to detect illegal constructions, with joint commissioners overseeing through drone surveillance.

Shivakumar has also ordered the Bangalore Metropolitan Region Development Authority (BMRDA) and the Bangalore Metropolitan Task Force.

(BMTF) to take action in Bengaluru Urban, Bengaluru Rural, and Ramanagara districts to halt illegal constructions.

“The government has full authority to take control of any property during such crises, with amendments and executive orders empowering agencies like BBMP, BDA, BMRDA, and BMTF. Although these powers were revoked in 2020-21, they would now be reinstated, and illegal constructions and encroachments in both government and private layouts would be stopped. The Home Secretary has been directed to draft an ordinance granting full authority to officials, to be discussed in the next Cabinet meeting,” said Shivakumar.

BJP MP seeks independent investigation

In response to the incident, Bengaluru South MP Tejasvi Surya issued a letter to BBMP Chief Commissioner Tushar Girinath, urging the immediate formation of an Independent Investigation Committee to probe illegal construction activities and corruption within the civic body.

Surya stressed the need for swift action, given the increasing number of unauthorized buildings across the city. “The collapse highlights a serious lapse in enforcement of building regulations, which must be addressed without delay. BBMP officials must ensure that laws are not just enforced in spirit, but also through strict action,” the letter stated.

In fact, Surya’s letter also emphasizes that under the 2023 BBMP circular, officials are obliged to take decisive action, including sealing sites, filing FIRs, and using state resources to prevent further construction.

117-day timeline to demolish illegal construction

Activists and citizen groups point out that the BBMP’s inaction and to sit over its own orders that call for action against illegal constructions eventually led to the Babusapalya tragedy.

For example, a circular issued by BBMP in July 2023 clearly states that there is a detailed 117-day timeline to demolish any illegal or unauthorized construction. More importantly, it also highlights that Junior Engineer/Assistant Engineering/Assistant Executive Engineer/Executive Engineer/Chief Engineer of every ward/sub-division/zone will monitor all constructions in the ward and disallow any construction that is illegal. It also mentions that failure to prevent illegal constructions will invite disciplinary action against the officials.

Further, two new circulars have also been issued on October 18 to further clarify that the zonal commissioner will be completely responsible for the enforcement action against illegal buildings and their demolition.

In fact, Surya in his letter also mentions that in February 2024, the Karnataka High Court issued specific guidelines to the BBMP to prevent such illegal constructions, yet these guidelines appear to have been disregarded.

Building bye laws need to be followed throughout construction

As per the government bye laws, a public display of plan approval and other mandatory construction sites prior to the commencement of construction is important. Information such as name and address of the applicant, details of the building license, number of building blocks, number of basement floors, details of total floor area eligible and proposed, details of parking, among others are mandatory to be displayed outside the construction site. .

The owner/contractor should also, during the construction, display a copy of the building license and sanctioned plans of the property in a conspicuous place of the licensed premises, according to the rules. The violations of the same can attract action against the owner/contractor by the civic authorities.

Suspension of two engineers

Following the Babusapalya tragedy, Assistant Executive Engineer (AEE) Vinay K and Executive Engineer Ramesh who were responsible for overseeing the area in Ward-25 (New Ward-86) where the illegal building was under construction, have been suspended for dereliction of duty.

As per preliminary investigation, they had earlier issued a stabilization order for the building under Rule 248 (3) of the BBMP Act, 2020, after identifying that parts of the structure were being built in violation of the building by-laws.

However, it was found that no subsequent actions were taken to clear the illegal portions of the building. Despite the order, construction continued unchecked, and on October 22, the building collapsed, killing eight workers. The Zonal Commissioner of the Mahadevapura Zone confirmed in a report that the failure to act upon the violations directly contributed to the tragedy. As a result, both engineers stand suspended pending a departmental inquiry, the BBMP said.