"A Classic Case of Misguided Authoritarian Misadventure" - Karnataka High Court on Illegal Demolition

In a significant judgment, the Karnataka High Court, presided over by Justice Suraj Govindaraj, declared the demolition of a dwelling house belonging to petitioner Kavita Podwal as illegal. The court ordered substantial compensation for the losses and trauma suffered by Podwal, stating it was a “classic case of misguided authoritarian misadventure” by the Bruhat Bengaluru Mahanagara Palike (BBMP).

The court delved into the legality of the demolition conducted by the BBMP. Podwal’s petition contended that the demolition of her house and the subsequent actions by BBMP officials violated her fundamental rights, including her right to live with safety, privacy, and dignity.

The BBMP issued a series of notices to Podwal under Sections 308 and 321 of the Karnataka Municipal Corporation Act, alleging illegal construction. These notices, followed by the demolition order, were found to be improperly served and based on incorrect assumptions about the property’s legal status. The petitioner argued that the actions were motivated by malafide intent, influenced by external pressures, notably from respondent No.7, Saghir Ahmed.

Justice Govindaraj meticulously analyzed the sequence of events and the legal procedures followed by the BBMP. The court found that the BBMP had acted without due process, failing to serve notices properly and not providing Podwal an opportunity to respond. The court held that the demolition was conducted in haste, influenced by external parties, and without adherence to legal protocols.

As a result, the court ordered the BBMP to:

Compensate Podwal with ₹5 lakhs for mental trauma.

Pay ₹10 lakhs for damage to movable property, recoverable from the errant officials.

Pay ₹10,000 per month from the date of demolition until the premises are restored.

Conduct an assessment of the financial damage caused by the demolition.

Additionally, the court directed the Principal Secretary, Urban Development Department, to investigate the roles of the BBMP officials involved in this case.

Date of Decision: 12th February 2024

KAVITA PODWAL VS THE BBMP