
Karnataka High Court Asks State, Municipal Corporations To Initiate Departmental Enquiry Against Officers Who Fail To Check Illegal Constructions
Live LawThe Karnataka High Court has directed the State government or Municipal Corporations to initiate departmental enquiry against those Officers who show or have shown lackadaisical attitude in performance of their duty to check the growth of illegal constructions in their jurisdictions. Justice M Nagaprasanna said, "It is necessary that the jurisdictional Assistant Engineer, Assistant Executive Engineer or the Executive Engineer as the case would be, of all the Corporations, who are empowered to act, under the Act, are required to act swiftly, the moment such illegal or unauthorised construction comes to light, either by such officers themselves or on any complaint being registered against such construction, take action in accordance with law, without any loss of time, failing which, the State or the Corporations shall initiate departmental enquiry against those Officers who show or have shown lackadaisical attitude in the performance of their duty to check the growth of such illegal constructions in their jurisdictions." The court further opined, "The common man bears the brunt, feels cheated when he finds those making illegal and unauthorised constructions getting support, sometimes, either tacit or direct, by the wings of the State which are enjoined with a duty to act swiftly and stall such construction." The court gave the direction while dismissing a petition filed by one K.S.Eshwarappa, challenging an order issued by the Shimoga Municipal Corporation by which his property was to be demolished invoking provisions of the Karnataka Municipal Corporations Act, 1976.
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