Mr Shabeer Majeed v. the Commissioner
Case brief
What is this about?
Court grants petitioner an opportunity to pursue a dismissed tribunal appeal, orders payment of compensation to neighboring petitioner, and sets aside lower orders conditionally on cost deposition and future demolition action if costs remain unpaid.
What did the court decide?
Petitioner in W.P. 28449/2018 allowed to pursue appeal before Tribunal subject to payment of Rs.3,00,000/- compensation to neighboring petitioner and a conditional direction to issue demolition order
What the court decided
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
3 issues framed by the court
Whether an opportunity should be granted to the petitioner to pursue a dismissed appeal before the Tribunal despite non-prosecution?
Whether the petitioner deserves compensation for nuisance caused by unauthorized construction?
Whether the lower appellate tribunal orders should be set aside subject to payment of costs?
Parties & counsel
- petitioner
J. RAMESH CHAND
- petitioner
MR. SHABEER MAJEED
- respondent
THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE CORPORATION
- respondent
MRS. RUKSANA WAHEED PATEL
- respondent
MR. SALEEM MAJEED
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · June
- Registered
- Case no.
- WP/28449/2018
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