Writ petition seeking direction to remove illegal construction disposed of. Court held that as the Builder-Brigade Metropolitan Planning Authority (BBMP) had passed a confirmation order under Section 248(3) and a subsequent demolition order under Section 356 of the BBMP Act, 2020, the relief sought in the petition did not survive for consideration.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON’BLE Mr. JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION No.29499 OF 2016 (LB - BMP)
BETWEEN :
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(BY SRI.SOMASHEKARAIAH R.P., ADV.)
AND :
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MADAVANAGAR, BANGALORE-01.
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NO.1014,66TH CROSS ROAD, 18TH A MAIN ROAD, 5TH BLOCK, RAJAJINAGAR, BANGALORE – 10.
...RESPONDENTS
(BY SMT.NANDINI C.G., ADV., FOR SRI.K.N.PUTTEGOWDA, ADV., FOR R1 TO R3; SRI.R.SRINIVASA GOWDA, ADV., FOR R4; SRI.JAIPRAKASH RAO, ADV., FOR R7 – R10; R5 AND R6 DELETED VIDE ORDER DATED 29.11.2021; R11 IS DELETED AT THE RISK OF PETITIONER VIDE ORDER DATED 18.07.22)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 4 TO TAKE IMMEDIATE ACTION AS PER THE REPORT DTD. 22.2.2012 AND NOTICE DTD. 20.3.2012 ISSUED BY THE R-2 & 3 UNDER ANNX-E & F BY CONSIDERING THE ORDERS PASSED BY THIS HON'BLE COURT IN W.P. NO. 11490-11497/2012 DTD. 31.5.2012 UNDER ANNX-J BY CONSIDERING THE REPRESENTATION DTD. 02.5.2016 UNDER ANNX-M TO THE WRIT PETITION. AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
This petition is filed seeking for a direction to
remove the illegal construction put up by the private respondents.
submits that the confirmation order is passed under Section 248(3) of the BBMP Act, 2020 and to implement the same, the demolition order dated 02.08.2022 is passed under Section 356 of the Act.
In view of the disposal of the petition, pending I.A
does not survive for consideration and the same is also disposed of.
Sd/-
JUDGE
RKA
1 issue framed by the court
Whether the petitioner's petition for direction to demolish illegal construction survives in light of a confirmation order and subsequent demolition order passed under the BBMP Act, 2020?
2 provisions across 1 enactments
MR. PARESH SHAH AND ORS.
THE COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
