Jail term –  violation of building laws by owners

Jail term –   proposed by Karnataka Government for violating building laws.  The Government proposes punishment for officers and owners for allowing illegal construction in Benglauru.

The Karnataka State Government has proposed  Jail term (imprisonment)  introduction up to a maximum of 2 years.  This also includes fine  up to Rs.50,000/- for certain types of building violations. This proposal comes under the Karnataka Municipal Corporation (KMC) Act, 1976 across Karnataka State.

Fine amount :

The State government has also proposed to increase the fine amount between Rs.2000/- and Rs.5,000/- for some of the violations. The existing fine is as low as Rs.20/- .   The jail term or imprisonment is proposed from 2 days to 3 months for nonpayment of the fine.

On 27th November 2018 a copy of the draft notification was submitted before a Division Bench of the High court of Karnataka. A PIL was field by a city based advocate Mr.Umapathi.S.

Mr. Umapathi.S had complained in the petition that no punishment regarding the unauthorized deviation or construction was prescribed by the Government when Section 321B of KMC Act was introduced.

Jail term / Imprisonment

For 18 types of violations only fine will be imposed as punishment.  Jail term (imprisonment) will be imposed if the fine is not paid.

The City Corporation officials and the building owners are liable for jail term punishment.

An official if found guilty under Section 321B will be liable for a jail term of 2 years and fine up to Rs.50,000/-

If property owners and others who construct buildings in violation of Section 295(5) of the KMC Act and the building bylaws are punishable with a jail term of upto 2 yrs. and a fine of Rs.50,000/-

Change in Fine  and Jail term:

Present        Proposal              Condition

Rs.20/-         Rs.5000/-           Failure to keep the external part of the wall in proper condition

Rs.50/-         Rs.50,000/- &    For constructing an external roof, pandal or wall of a building, construction of shed or fence, of cloth,

Jail term of         grass, leaves, mats or  inflammable materials

2 years

The Government of Karnataka has given a time of 30 days for public and others to state and submit their objections and suggestions to these said proposals.

 

 

 

 

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