J Ramesh Chand v. the Commissioner
Case brief
What is this about?
High Court allowed writ petition in part, setting aside Tribunal orders dismissing an appeal and restoration plea against building plan violation. Court levied Rs.3 Lakhs cost payable to neighbour and directed appeal reconsideration.
What did the court decide?
Set aside impugned orders; petitioner to pay Rs.3,00,000 to neighbour within two weeks; Tribunal to consider appeal within six months; alternative demolition order served if cost not paid.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JUNE, 2022
BEFORE
THE HON’BLE MR. JUSTICE R. NATARAJ
WRIT PETITION NO.21 OF 2012 (LB-BMP) C/W WRIT PETITION No.28449 OF 2018 (LB-BMP)
IN W.P.NO.21/2012:
BETWEEN:
J. RAMESH CHAND S/O LATE H.JAWAHARLAL, AGED ABOUT 54 YEARS, RESIDING AT NO.1/20, ASSAYEE ROAD, BANGALORE - 560 042.
…PETITIONER
(BY SRI. ADARSH GANGAL, ADVOCATE)
AND:
- THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE CORPORATION BUILDINGS, HUDSON CIRCLE, BANGALORE - 560 002.
Issues for consideration
2 issues framed by the court
Whether the impugned orders dismissing the appeal and miscellaneous petition should be set aside in view of the petitioner's inability to appear due to counsel default.
Whether costs should be awarded to the aggrieved neighbour for misuse of process in continuing litigation to save an illegal construction.
Parties & counsel
- petitioner
J. RAMESH CHAND S/O LATE H.JAWAHARLAL
- respondent
THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE CORPORATION
- respondent
MRS.RUKSANA WAHEED PATEL
- respondent
MR. MOHAMMED WASEEM PATEL
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · June
- Registered
- Case no.
- WP/21/2012
Similar cases
Judgements on the same questions, provisions and authorities, from every court