Disposed

Mr Hugh Gerald Mascarenhas v. Bruhat Bengaluru Mahanagara Palike

Karnataka HC11 Nov 2024WP/11134/2024

Case brief

AI extract

What is this about?

Neighbours complained of unauthorised construction violating the sanctioned plan; a court-ordered inspection confirmed setback violations on the South and West sides, prompting disposal with directions against further construction pending statutory remedies.

What did the court decide?

Fifth respondent directed not to put up further construction unless appellate remedy availed and permission granted.

Mr Hugh Gerald Mascarenhas Vs Bruhat Bengaluru… — Municipal and Town Planning | Karnataka HC (2024)

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NC: 2024:KHC:45464 WP No. 11134 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 11134 OF 2024 (LB-BMP)

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BETWEEN:

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MR HUGH GERALD MASCARENHAS SON OF LATE JOSEPH MASCARENHAS AGED ABOUT 72 YEARS RESIDING GB NO.9, M & M RESIDENCE 3^RD CROSS, HUTCHINS ROAD, ST. THOMAS TOWN, BANGALORE - 560 084

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Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA

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MR PRASHANT CLAYTON MASCARENHAS SON OF HUGH GERALD MASCARENHAS AGED ABOUT 39 YEARS RESIDING GB NO. 9, M & M RESIDENCE 3^RD CROSS, HUTCHINS ROAD, ST THOMAS TOWN, BANGALORE - 560 084

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…PETITIONERS

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(BY SRI. SUNDARA RAMAN M.V., ADVOCATE)

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AND:

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BRUHAT BENGALURU MAHANAGARA PALIKE NO 01, N R SQUARE, BANGALORE - 560002 REPRESENTED HEREIN BY ITS COMMISSIONER

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NC: 2024:KHC:45464 WP No. 11134 of 2024

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BBMP ZONAL COMMISSIONER NO. 07, PUBLIC UTILITY BUILDING 10^TH FLOOR, M G ROAD, SHANTALA NAGAR, ASHOK NAGAR BANGALORE - 560 001

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BBMP JOINT COMMISSIONER NO. 07, PUBLIC UTILITY BUILDING 10^TH FLOOR, M G ROAD, SHANTALA NAGAR, ASHOK NAGAR BANGALORE - 560 001

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BBMP CHIEF ENGINEER NO. 07, PUBLIC UTILITY BUILDING 10^TH FLOOR, M.G.ROAD, SHANTALA NAGAR, ASHOK NAGAR BANGALORE - 560 001

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MR NIGEL MATHEW AGE NOT KNOWN TO THE PETITIONERS RESIDING AT NO 15 , 3^RD CROSS, HUTCHINS ROAD, ST. THOMAS TOWN, COOKE TOWN BANGALORE - 560 084

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…RESPONDENTS

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(BY SRI. MALLIKARJUN REDDY K.S., ADVOCATE FOR R1 TO R4; SRI.SHIVASHANKARAPPA, ADVOCATE FOR R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE R1 TO R4 TO TAKE NECESSARY ACTION IN PURSUANCE OF THE COMPLAINT RAISED BY THE PETITIONERS DATED 19.2.24 AT ANNEXURE-C AND STOP ANY FURTHER CONSTRUCTION CONTRARY TO LAW AND CONSEQUENTLY, TO DEMOLISH THE UNAUTHORIZED CONSTRUCTION ON THE PROPERTY BEING 15, 3^RD CROSS, HUTCHINS ROAD, ST. THOMAS TOWN, COOKE TOWN, BANGALORE WHICH IS IN VIOLATION OF THE BUILDING BY LAWS.

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NC: 2024:KHC:45464 WP No. 11134 of 2024

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD

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ORAL ORDER

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The petitioners contend that the fifth

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respondent is putting up construction in violation of the Sanction Plan and they allege inaction by the Bruhat Bengaluru Mahanagara Palike and its officials. This Court by Order dated 28.10.2024 had called upon the jurisdictional Assistant Director of Town Planning to file a Report after inspecting the fifth respondent's property. The Report now filed in compliance reads as under:

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"SPOT INSPECTION REPORT

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As per the directions of the Hon'ble High Court in WP No 11134/2024 dated 28.10.2024, the property at site No. 7/1, PID No: 86- 6-7/1, 3rd Cross, Hutchins Road, Ward No-59, Bangalore was visited by ADTP, East Zone. Previously a 2-kitchen residential building plan was sanctioned from this office on 09.10.2023. But since setback violations had been made at the said property, a

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NC: 2024:KHC:45464 WP No. 11134 of 2024

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preliminary order was issued from this office dated 02.05.2024 and further on 20.05.2024 confirmation order was also issued from this office to the owner (fifth respondent), as per the directions on inspection of the property on 08.11.2024, the measurements were taken and illustrated as below.

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Sl No.	Description	As per Sanctioned Plan	Violations made as per Preliminary Order issued	After removal of violation
1	Front [South]	2.56 m	2.60 m	1.82 m
2	Back [North]	1.71 m	4.45 m	3.67 m
3	East [Left]	1.00 m	0.50 m	1.00 m
4	West [Right]	1.00 m	0.50 m	0.62 m

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As per above details, it is observed that fifth respondent has removed setback violations only towards the East (Left) of the property, however towards West (right) and Front (South) the setback violation is existing, towards Back side no setback violations were found during inspection. Hence as per the building byelaws violation towards South and West side has to be removed. "

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NC: 2024:KHC:45464 WP No. 11134 of 2024

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Sri Shivashankarappa, the learned counsel for the fifth respondent, when queried, submits that the fifth respondent has not called in question the Confirmation Order dated 20.05.2024. It is obvious from the details as found in the Inspection Report as permitted by this Court that the proceedings in terms of the Confirmation Order dated 20.05.2024 must culminate with the removal of setbacks but that should be subject to the fifth respondent availing the statutory remedy.

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Therefore, subject to all just exceptions to the fifth respondent, the petition stands disposed of directing the fifth respondent not to put up further construction unless the appellate remedy is availed and permission is granted by the appellate Authority to proceed with the construction.

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SD/(B M SHYAM PRASAD) JUDGE

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AN/-

Mr Hugh Gerald Mascarenhas v. Bruhat Bengaluru Mahanagara Palike

Case brief

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Mr Hugh Gerald Mascarenhas v. Bruhat Bengaluru Mahanagara Palike

Case brief

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