If illegal floors can't be razed, demolish the building, says Karnataka High Court

The project is located in the prime area of Yeshvanthapur and has over 2,500 units spread across 34 acres, according to 99Acres.

The Karnataka High Court has asked the Bengaluru Development Authority to be ready with a plan to demolish an entire residential building if the builder fails to raze two illegally built floors.

The court’s order on the IBC Platinum City in the Peenya neighbourhood of Bengaluru came after Sheriff Construction failed to come good on its promise to demolish the 14th and 15th floors, which have come up without permission, of one of the eight apartment blocks.

"The Bengaluru Development Authority (BDA) is directed to prepare a plan for the eviction and demolition of the entire building and to bring the development in compliance with the applicable building by-laws," the court said on November 25. The case will now be heard on December 11.

The court also said any loss caused to the buyers would have to be borne by the developer in keeping with the value of the apartments on the date of demolition.

The developer, who violated the sanctioned plan, had undertaken to demolish the two floors but was now claiming that the demolition would cause structural instability, the court said.

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Souptik Datta

Correspondent|Moneycontrol

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"The court, on several occasions, has granted several reliefs to rectify the defects and violations which have been pointed out by the BDA. However, today the developer intends to delay the proceedings which have been pending from the year 2013," the court said.

It was reacting to an affidavit filed by Sheriff Construction, which said the demolition of beams for the top floors would cause structural instability to the building and the nearby structures.

The Platinum City project, which is in the  Yeshvanthapur area, is the state's first luxury group housing project. It has more than 2,500 units spread over 34 acres, information available on the 99Acres website shows.

Most of the apartments, priced between Rs 3 crore and Rs 5 crore, on on the two floors are occupied, sources said.

Anil Kalgi, president of the Bangalore City Flat Owners' Welfare Association, said all eight towers in the project were being built in violation of the building plan. "The high court in the order said that if the developer cannot demolish the top two floors due to structural issues, they have to demolish the entire building and reconstruct it according to bylaws," Kalgi, who is a part of the project, said.