High court orders inspection of Bengaluru paying guest premises for rule violations
Bengaluru: Karnataka high court has ordered an inspection of the premises of members of the Paying Guest Accommodation Welfare Association, Bengaluru, to assess whether they have conformed to the guidelines issued by the civic authorities.Justice Suraj Govindaraj observed in his order that the authorities have to examine whether the constructions put up by the petitioners and members of the petitioner association are in accordance with the sanctioned plan. If no plan sanction was granted, they have to examine whether it is in accordance with the applicable building bylaws in all respects and whether the use of the premises is permitted under the relevant zonal regulations.
The inspection has to be carried out from 10.30am on Feb 18 and completed within two weeks thereafter. The court said the petitioners could participate in the inspection if they chose to do so, or depute their respective representatives. In the event of the petitioners not participating in the inspection and/or not cooperating with the inspection, they would not be entitled to any equitable consideration, the judge added, while directing the matter to be listed for further consideration on March 16.The petitioner association has challenged various notices issued by BBMP, the then civic authority, to its members in 2024-25. BBMP had mandated that each facility must have all entries, exits, and corridors under CCTV surveillance, with software and hardware to ensure the storage of 90 days of footage from each camera. It said it must be ensured that, as per occupancy-related building norms, every occupant has not less than 70sqft of space per head, and that the licence must be issued for a particular number of occupants.It also mandated that facilities must have clean and hygienic washroom facilities for the occupants, and a source of potable drinking water. It said if the facility has its own mass kitchen, then it must obtain an FSSAI licence within three months of service of the trade licence from BBMP.The civic authority had said the facility must have at least one security guard 24x7 with established credentials regarding his or her character. Also mandated were fire safety clearances, the display of the helpline numbers of BBMP and police, and the availability of a first aid kit. The facilities were warned that failure to comply with the guidelines would attract initiation of action under sections 307 and 308 of the BBMP Act, apart from cancellation and non-renewal of licence.According to the petitioners, their properties conform to the BBMP building bylaws and zonal regulations.
The inspection has to be carried out from 10.30am on Feb 18 and completed within two weeks thereafter. The court said the petitioners could participate in the inspection if they chose to do so, or depute their respective representatives. In the event of the petitioners not participating in the inspection and/or not cooperating with the inspection, they would not be entitled to any equitable consideration, the judge added, while directing the matter to be listed for further consideration on March 16.The petitioner association has challenged various notices issued by BBMP, the then civic authority, to its members in 2024-25. BBMP had mandated that each facility must have all entries, exits, and corridors under CCTV surveillance, with software and hardware to ensure the storage of 90 days of footage from each camera. It said it must be ensured that, as per occupancy-related building norms, every occupant has not less than 70sqft of space per head, and that the licence must be issued for a particular number of occupants.It also mandated that facilities must have clean and hygienic washroom facilities for the occupants, and a source of potable drinking water. It said if the facility has its own mass kitchen, then it must obtain an FSSAI licence within three months of service of the trade licence from BBMP.The civic authority had said the facility must have at least one security guard 24x7 with established credentials regarding his or her character. Also mandated were fire safety clearances, the display of the helpline numbers of BBMP and police, and the availability of a first aid kit. The facilities were warned that failure to comply with the guidelines would attract initiation of action under sections 307 and 308 of the BBMP Act, apart from cancellation and non-renewal of licence.According to the petitioners, their properties conform to the BBMP building bylaws and zonal regulations.
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