The BBMP Commissioner has written a letter to the BESCOM and BWSSB not to provide electricity and water supply to the unauthorised buildings as per the direction of the High Court.
The Letter.
NO POWER AND WATER SUPPLY TO UNAUTHORISED BUILDING – letter from BBMP Commissioner
Dear
The condition of supply of Electricity (COSOE) which is to be followed by BESCOM for power supply, Sec 9.01 Clearly sates sanction of plan of Buildings are mandatory t
it is because no one will file case of violation of law, BBMP / BDA will not file case on BESCOM (consumer enjoys the power connection to illegal buildings)
so naturally BESCOM will Supply Power to unauthorized buildings
BESCOM / KERC will say if the buildings are unauthorized let such LB (local body) demolish unauthorized buildings
this also means LB’s will not take such action and BESCOM will continue to supply Power.
if BBMP is genuinely interested in preventing construction and occupying unauthorized buildings not only issue eviction/ demolition order and should file case on BESCOM for the violation of rules / law
only this can make BESCOM to insist for approved plan/ OC for giving permanent power supply.
Dear Sir,
Yes. Sanctions are a must but they are least concerned about the deviations and as per Writ Appeal cited by the BBMP is a very old suit instituted by Smt.Srikala Kadidal, D/o. Late kadidal Manjappa, the former chief minister of karnataka against her neighbour Dhanalakshmi and the court has clearly ruled that without the submission of OC, the BESCOM and BWSSB must not provide power and water supply. Over few thousand notices regarding deviations have been noticed and notices have been issued, but the officers failed to intimate the same to the power and water supply companies. Now, sooner or later, such intimations will be issued, thereby the supply may be curtailed.
It is very important that the banks must not lend home loans and the buyers must also exercise extreme caution and must not encourage the illegal activity. If such properties are not bought, there would not be issues like power outage, power theft, water shortage and water theft.
Let us hope for the best.
Till date, we have not entertained nor recommended any transaction in the illegal, unauthorised and building with deviation and violation.
EP Team
Dear Sir
It is not only Smt.Srikala V/s her neighbor Dhanalakshmi case, the high court has directed in other two incidents. But Why BESCOM does not follow?
Electricity is also one of the essential commodities for living BESCOM /ESCOM cannot deny supplying.
Even for a hut constructed in your own site you can get power connection. IE act / Rule offers this protection. But what type of connection one should get depends on other approvals.
Building plan / byelaw violation BESCOM /ESCOM is not concerned. It is the local body / BBMP/BDA should act.
Buildings do not have OC Local Body should act on the unauthorized occupants. Building plan / Byelaw violation Local Body (BBMP/BDA) should and must act mercilessly. Local bodies do have such power why they cannot exercise? Putting blame on BESCOM/ ESCOM and BWSSB do not work.
1) In 30X40 sites constructing 3 to 4 story building is complete violation of building byelaw. Local body cannot ask BESCOM / ESCOM/ BWSSB not to give connection for their inefficiency. Firstly Local bodies needs address this. I believe about 30% issues belongs to this category
2) As per the KMC act when one obtains authorized plan and construction permission, KMC act gives power to the officers of LB to inspect buildings at various stages if they find violations they are empowered to stop such construction activity till they correct as per the plan. If LB fails to do so, why LB should put blame of BESCOM/ ESCOM/ BWSSB? Again this is inefficiency on the part of LB (BBMP/BDA). I believe another about 30% issues belongs to this category
Total 60% of the issues are because of inefficiency on the part of Local Body (BBMP/ BDA)
3) There are about 30% buildings do not have authorized building plan and are also enjoying permanent power connection. Supplying Power and water is against the prescribed rules/ law by other supplying Govt agencies. Here LB (BBMP/ BDA) can also act on supplying govt agencies along with demolition of such constructions.
100% responsibility of Building Plan Sanction, Building Constructions, up hold Building Byelaw, Town Planning, Occupancy Certificate & Khata Issues lays with Local Body(BBMP/BDA)
To start with if BBMP / BDA/LB act on this last 30% cases (Point 3) including filing case on those agencies automatically BESCOM / ESCOM / BWSSB will also insist for OC for permanent power connection
When LB’s can exercise their power, without exercising their powers / putting rules in to force Commissioner BBMP writing letter to other Govt agencies will not help. Other rules/ law do not permit BESCOM /ESCOM / BWSSB to deny ones rights
Hence this letter / direction will not have impact on unauthorized constructions / occupants unless or until LB/ BBMP/ BDA acts with powers they are having. According to me this letter is a just passing the buck.