Disposed

Social Amenities Association v. Chief Commissioner

Karnataka HC14 Jul 2023WP/9097/2023

Case brief

AI extract

What is this about?

This writ petition challenged the failure of BBMP officers to act on complaints regarding illegal construction by a diagnostic center. The court noted that a notice under Section 313 had already been issued and disposed of the petition, directing the authorities to conclude proceedings within three months.

What did the court decide?

Disposed of with a direction to the Assistant Director of Town Planning to conclude proceedings under Section 313 within three months.

Social Amenities Association Vs Chief Commissioner — Landlord and Tenant | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:24509 WP No. 9097 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 14^TH DAY OF JULY, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 9097 OF 2023 (LB-BMP)

¶6

BETWEEN:

¶7

SOCIAL AMENITIES ASSOCIATION REPRESENTED BY ITS SECRETARY, REGD. AS A RESIDENT WELFARE ASSOCIATION BEARING NO.67/86-87 HAVING ITS OFFICE AT NO.381, 2^ND FLOOR, 100 FT. ROAD, HAL 2^ND STAGE, BENGALURU-560038.

¶8

ANIL DEV, SON OF B L DEV, AGED ABUOT 62 YEARS, RESIDING AT NO. 646, 11^TH MAIN HAL 2^ND STAGE, BANGALORE-560008.

¶9

Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

¶10

M. NAGENDRA MURTHY SON OF D.V. MUDAPPA, AGED ABOUT 78 YEARS, RESIDING AT NO. 646, 11^TH MAIN, HAL 2^ND STAGE, BANGALORE-560008.

¶11

POONACHA ULLIYADA SON OF KUSHALAPPA, AGED ABOUT 68 YEARS, RESIDING AT NO. 578, 6^TH CROSS, 10^TH MAIN HAL 2^ND STAGE, BANGALORE-560008. …PETITIONERS (BY SMT. SNEHA NAGARAJ., ADVOCATE)

¶12

¶13

NC: 2023:KHC:24509 WP No. 9097 of 2023

¶14

AND:

¶15

CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU-560002.

¶16

JOINT COMMISSIONER (EAST) BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU-560002.

¶17

ZONAL COMMISSIONER (EAST), BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU-560002.

¶18

MEDICAL OFFICER OF HEALTH BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU-560002.

¶19

MR. MELVIN MATHEW SON OF MR. JOHN MATHEW, AGED ABOUT 41 YEAR,S RESIDING AT, NO. 1138, 13^TH MAIN, 100FEET ROAD, HAL 2^ND STAGE, INDIRANAGAR BANGALORE-560097

¶20

M/S. TENET DIAGNOSTICS PVT. LTD. HAVING ITS REGISTERED OFFICE AT NO.46, 27^TH CROSS, 3^RD MAIN, 7^TH BLOCK, JAYANAGAR, BENGALURU-560011. REP BY ITS DIERCTOR DR. AJAYSIMHA SOMASAMUDRAM

¶21

…RESPONDENTS

¶22

(BY SRI. KARTHIKEYAN B S., ADVOCATE FOR R1 TO R4, SRI. T. R. RAMESH, ADVOCATE FOR R5, SRI. R. ANILKUMAR, ADVOCATE FOR R6)

¶23

3 - NC: 2023:KHC:24509 WP No. 9097 of 2023

¶24

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NO.1 TO 4 TO CONSIDER THE REPRESENTATIONS DATED 21/06/2022, 22/08/2022, 23/01/2023 AND 13/02/2023 (ANNEXURES-A, B, C AND D) MADE BY THE PETITIONER AND REVOKE THE TRADE LICENSE BEARING NO.EA 1208031879998616 OF RESPONDENT NO.6 TO OPERATE A DIAGNOSTIC AND INITIATE CLOSURE OF THE ESTABLISHMENT AS PER LAW AND ETC.

¶25

THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶26

ORDER

¶27

R.DEVDAS J., (ORAL):

¶28

The petitioners have given complaints to the fourth respondent-Medical Officer and the third respondent-Zonal Commissioner (East), Bruhat Bengaluru Mahanagara Palike (for short, BBMP), bringing to their notice the illegal construction and usage of the building at the hands of the sixth respondent-M/s. Tenet Diagnostics Private Limited and sought for action in accordance with law. Since, no action was initiated by the officers of the BBMP, this writ petition is filed.

¶29

4 - NC: 2023:KHC:24509 WP No. 9097 of 2023

¶30

During the course of these proceedings, the Assistant Director of Town Planning (East), BBMP, was directed to inspect the property and submit a report. A report is accordingly submitted. On perusal of the report, it is clear that the fifth respondent has put up construction and is using the property for commercial purpose, contrary to the sanctioned plan. It is also found that the additional floors have been put up in contravention of the sanctioned plan. Deviations are also found in the setback area. Therefore, notice under Section 313 of the Bruhat Bengaluru Mahanagara Palike Act, 2020, has been issued to the fifth and sixth respondents.

¶31

In that view of the matter, since action has now been taken by the officers of the BBMP, there is no need for keeping this writ petition pending. The writ petition is accordingly disposed of directing the Assistant Director of Town Planning (East), BBMP, to take forward the proceedings in terms of the provisions of the BBMP Act, 2020, and conclude the proceedings as expeditiously as

¶32

NC: 2023:KHC:24509 WP No. 9097 of 2023

¶33

¶34

possible and at any rate within a period of three months

¶35

from the date of receipt of a certified copy of this order.

¶36

Ordered accordingly.

¶37

Sd/JUDGE

¶38

Social Amenities Association v. Chief Commissioner

Case brief

What is this about?

What did the court decide?

Social Amenities Association v. Chief Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri Madesha Vs the Chief Commissioner

Smt. Shrimati Dharmapal Shetty Vs the Commissioner

Smt Prema Vs Smt . Jaya

M/S Innovision Limited Vs M/S Jayem Warehousing Private Limited

M/S. N. N. Agencies Vs the State of Karnataka

Sri Gopal S Vs the Commissioner