The Aryavarth Express
Agency (Bengaluru): The Assistant Director of City Planning (West) of the Bruhat Bengaluru Mahanagara Palike (BBMP) has issued a permanent fixation order against Bindu Ventures for constructing a building in professional violation of the approved map and the rules and bylaws of the BBMP Act 2020. The order, issued under Section 248(3) of the Act, directs the immediate demolition of the unauthorized portions of the building.
Bindu Ventures supposedly helmed by the Shah family trio – Mr. Jayesh Z Shah, Mrs. Chetna Jayesh Shah, and Mr. Dhiren Sumariya, has been in the construction business for over 15 years. However, anonymous whistle-blowers allege their operations have consistently skirted the boundaries of legality, often blatantly crossing into the realm of unauthorized development.
The case pertains to a property located at No. 2, 1st Main Road, Industrial Town, Ward No. 106 (PID No. 21-88-2), where M/s Bindu Ventures, represented by Jayesh Shah, had obtained a sanction from the BBMP vide BBMP/Ad.com/WST/0643/15-16 dated 20-10-2015. However, upon inspection, it was found that the owner had constructed the building in violation of the approved map and the rules and bylaws of the BBMP Act 2020.
Consequently, a temporary order was issued on 23-01-2024 under Section 248(1) and 248(2) of the Act, seeking an explanation from the owner as to why the order should not be made permanent. The owner received the notices on 27-01-2024 but failed to provide any information regarding the action taken to vacate the parts of the building constructed in contravention of the sanction map or any settlement to the interim order.
Finding no grounds for revising the provisional order dated 23-01-2024, the Assistant Director of City Planning (West) has now issued a permanent fixation order. The order states that the BBMP is fully convinced that the owner has constructed the building in violation of the BBMP Act 2020 and the building bye-laws. It directs the owner to demolish the portions of the building constructed in contravention of the rules and to clear the site as per the regulations framed under the BBMP Act 2020.
The issuance of the permanent fixation order highlights the BBMP’s commitment to enforcing building regulations and curbing unauthorized constructions in the city. The BBMP Act 2020 and the building bye-laws are designed to ensure planned and safe development, and any violation of these rules can lead to serious consequences for the owners and occupiers of the buildings.
A whistle-blower has alleged that M/s Bindu Ventures, under the leadership of Mr. Jayesh Z Shah, has demonstrated a propensity for aggressive legal retaliation against those who oppose their unlawful activities. The firm has been accused of lodging false FIRs against RTI activists and detractors, including individuals like Mr. Chetan Gowda and Mr. Deepak Gowda, as well as officials from the BBMP itself, namely Mr. Bal Gangadhar. If true, these allegations paint a picture of a firm willing to use intimidation and legal manipulation to continue its operations unimpeded. The Aryavarth Express has not verified these allegations.
The case of Bindu Ventures serves as a reminder to all property owners and developers in Bengaluru to adhere strictly to the approved plans and the building regulations while constructing their properties. Any deviation from the sanctioned map or violation of the rules can result in the issuance of fixation orders and the demolition of the unauthorized portions of the building.
The BBMP has been cracking down on illegal constructions in the city in recent years, with several high-profile cases making headlines. The civic body has also been using technology, such as drones and satellite imagery, to identify and map unauthorized structures and encroachments.
However, the challenge of illegal constructions in Bengaluru remains significant, with many property owners and developers flouting the rules with impunity. Illegal constructions, particularly those encroaching on natural water drainage systems, have been a pivotal factor in the increasing instances of urban floods. By obstructing the natural flow of water, these structures have directly impacted the city’s ability to manage monsoon waters, leading to repeated and severe flooding events that endanger residents and property alike.
The BBMP needs to strengthen its enforcement mechanisms and ensure swift and stringent action against violators to deter unauthorized constructions and protect the interests of the citizens.
The permanent fixation order against Bindu Ventures is a step in the right direction and sends a strong message to those engaging in illegal constructions. The BBMP must continue to take such decisive actions and work towards creating a more transparent, accountable, and law-abiding real estate sector in the city.
