Petitioner challenged BBMP's construction of permanent platforms for street vendors on Gandhibazar Main Road, alleging obstruction to business.
BBMP directed to ensure platform height is 150 mm and designs are easily removable like umbrellas.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 20440 OF 2023 (LB-BMP)
BETWEEN:
SRI. L. GUNDU RAO AGED ABOUT 62 YEARAS SON OF LATE SE. L.S. VENKOBA RAO RESIDING AT NO. 146, DR. D.V.G ROAD, BASAVANAGUDI, BENGALURU - 560004 ALSO PROPRIETOR OF M/S LALE FASHIONS AT NO. 56, GANDHI BAZAAR MAIN ROAD, BASAVANAGUDI, BENGALURU - 560004
…PETITIONER
(BY SRI. G R MOHAN., ADVOCATE)
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
AND:
NC: 2023:KHC:37618 WP No. 20440 of 2023
…RESPONDENTS
(BY SRI.MANJUNATH K, HCGP FOR R1 SRI. SHRINIVAS B.S., ADVOCATE FOR SRI. B.L. SANJEEV, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO WRIT OF MANDAMUS OR DIRECTIONS TO THE RESPONDENTS TO DISMANTLE THE PARTIAL PERMANENT CONSTRUCTION OF PLATFORM IN FRONT OF THE SHOP PREMISES OF THE PETITIONER BEARING NO. 56, GANDHI BAZAR MAIN ROAD, BASAVANAGUDI, BENGALURU - 560004 AS PER LETTER ADDRESSED TO THE R-2 DTD 25/08/2023 A/W PHOTOGRAPHS AS PER ANNEXURE-G AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
This writ petition is an offshoot of writ petition No.10092/2023, which was earlier filed by the petitioner
and which was considered along with other writ petitions
and disposed of by this Court on 08.08.2023. The
NC: 2023:KHC:37618 WP No. 20440 of 2023
petitioners therein, including the petitioner herein were aggrieved of certain action which was taken by the respondent-Bruhat Bengaluru Mahanagara Palike (for short, BBMP) to redesign a prominent road in Bengaluru city known as Gandhibazar Main Road. This Court though permitted the respondent-BBMP to proceed, nevertheless, this Court had directed the respondent-BBMP that in the guise of providing temporary shelters to the street vendors, the respondent-BBMP shall not put up permanent structures which may cause obstruction to the business of the petitioners/and are prohibited by law.
attention of this Court to certain photographs filed along with the writ petition and submits that the respondentBBMP is putting up heavy structures on top of the platforms, providing shelter to the platforms to be used by street vendors to do their business. But, it is contended that the huge steel frames are nothing short of permanent structures.
NC: 2023:KHC:37618 WP No. 20440 of 2023
Ordered accordingly.
Sd/JUDGE
CT: JL
DL
2 issues framed by the court
Whether the permanent construction of platforms by BBMP for street vendors violates the petitioner's right to carry on business.
Whether the height of platforms and design of shelters by BBMP complies with legal provisions.
Colour shows how this judgement treated each authority
Not citedReferred
2 provisions across 2 enactments
Sri. L. Gundu Rao
State of Karnataka Urban Development Department
The Chief Commissioner Bruhat Bengaluru Mahanagara Palike
The Assistant Executive Engineer
R Devdas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
