The recent building collapse in Bangalore’s Babusapalya, which killed nine construction workers, has become a stark reminder of Bangalore’s troubling trajectory when it comes to illegal construction. Amid public outrage, Chief Minister Siddaramaiah announced on October 26 that a new law would be introduced to crack down on illegal constructions.

The issue of illegal construction is not new; this is due to procedural laxity. The Bruhat Bengaluru Mahanagara Palike (BBMP) has a framework laid down under the BBMP Act, 2020 to combat illegal constructions, primarily through Sections 248 and 356, which enable issuance of notices and, optionally , demolition. However, enforcement rarely extends beyond issuing notices.

Section 252, which aims to hold officers accountable, has proven vague, with penalties for negligence undefined, thereby allowing a cycle in which BBMP intervention stops after notices are issued. Experts say this gap in the law creates an environment in which entrepreneurs exploit legal loopholes to make their profits, often at the expense of public safety.

According to Sandeep Anirudhan, founder of Citizens’ Agenda for Bengaluru, BBMP officials often facilitate illegal activities for personal gain. “They have a clear vision of the delegation of responsibilities, but there is no clarity on the sanction imposed on a civil servant if he does not do his job.” This lack of accountability encourages officials to take bribes instead of enforcing laws, with minimal risk of disciplinary action.

“If there is no risk for you and you can earn millions of rupees in a month, what will you choose? » » asks Sandeep.

Bengaluru residents have consistently reported the increase in high-rise buildings on plots as small as 30 x 40 square feet, with deviations from the BBMP-approved plan even as high as 100%. Recently, a photo of a five-story building built on a 250 square feet plot went viral on social media. If the BBMP hastened to immediately demolish this structure, its response, in other cases, is often limited to formal notices.

Sandeep alleges that officials who ignore illegal construction face, at most, suspensions rather than sanctions proportionate to the severity of the potential public harm. He draws attention to the fact that suspension was the only action the concerned official, Deputy Executive Engineer Vinay K, faced after the Babusapalya building collapsed.

“Nine people died and one official was suspended. This is a breach of duty on the part of the civil servant, but what is the risk to which he is exposed? Zero. Are you equating the lives of nine people with a temporary suspension? Whoever is responsible has caused a situation where the building could collapse and kill people. It’s literally murder. The government should have filed charges of manslaughter against him.

As Vittal BR, an advocate at the Karnataka High Court, points out: “No checks are carried out during construction to ensure that it is carried out as per the plan approved by the BBMP. Without this, authorities cannot continue to demolish buildings. If a demolition notice is issued for a building that has obtained a permit, the builders will apply to the court.

“The trend has unfortunately become predictable,” he says. “Notices are sent, builders get court stays and other actions are blocked. Even if the BBMP carries out demolitions, the battle often goes to court, resulting in a long legal limbo.”

Vittal says the failure of officials to fulfill their duties is costing homeowners who bought houses and apartments from the builders dearly. “The government says it will demolish all unauthorized buildings. Where will homebuyers who have invested their hard-earned money go? Ministers and the government will not compensate them. Why didn’t they do their job correctly from the start? he asks.

What is striking is the ease with which manufacturers exploit the rules. The BBMP’s lack of stringent controls further emboldens them.

Take for example the floor area ratio (FAR) criterion, which defines the maximum buildable surface area based on the size of the plot. According to Vittal, builders are taking advantage of ever-changing FAR values ​​to justify floor expansions, often adding floors without improving foundation support. These create structures that, over time, are likely to collapse.

Vittal explains how manufacturers are using FAR changes to their advantage. “Builders retain ownership of building terraces, which in itself is illegal. The terraces are part of the common area and should be accessible to buyers of homes in the building, according to the sanctions plans. But most sales contracts and deeds state that the deck will remain the property of the builder and that buyers cannot query the builder for additional improvements to the building. This is a loophole: when the FAR is revised by the government, the builder will receive a revised penalty plan and begin construction of the terrace.

The consequences of such uncontrolled expansion are serious. Illegal structures are taking over the city, putting a strain on essential services. “None of the areas where new buildings are coming up quickly have the capacity to handle traffic or congestion, leading to sewer overflows, power outages and erratic water supplies,” says Sandeep.

According to Sandeep, political influence has also prevented the full implementation of the BBMP Act. “Ultimately, it is the politicians who are to blame. Our legislators do not take laws seriously. They create situations in which they can continue to make money through illegality,” he says.

Apart from calling for strict action against officials who look the other way, Sandeep believes that reform will only be possible with the devolution of power to local constituencies.

Bengaluru’s failure to implement the Nagar Palika Act (the 74th Amendment) poses a major obstacle to orderly urban planning. The law, intended to empower urban local bodies and improve municipal governance, has yet to be effectively implemented. Had this not been the case, the city could have had a comprehensive master plan, proper zoning, and sufficient infrastructure planning.

“Instead,” Sandeep says, “this ‘constitutional crisis’ has left Bengaluru growing without adequate planning or civic governance, exacerbated by a city council that has not held elections in four years.”