Disposed

Mr. Bhaskar a, v. the State of Karnataka

Karnataka HC29 Nov 2024WP/23103/2024

Case brief

AI extract

What is this about?

A resident petitioned for demolition of unauthorised construction deviating from the sanction plan and for halting registrations and utility connections. BBMP showed notices under Sections 248 and 356 of the BBMP Act were already issued and utilities asked to disconnect supplies. Finding no personal right infringed, the court disposed of the petition without further directions, urging authorities

What did the court decide?

Petition disposed with observation that authorities must complete pending enforcement proceedings; no specific relief granted to petitioner.

Mr. Bhaskar a, Vs the State of Karnataka — Municipal and Town Planning | Karnataka HC (2024)

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NC: 2024:KHC:49129 WP No. 23103 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 29^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. 23103 OF 2024 (LB-BMP)

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BETWEEN:

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MR. BHASKAR A, S/O A SHANKARAPPA, AGED ABOUT 38 YEARS, R/AT NO 591, 4^TH CROSS BELANDUR, BANGALORE 560064.

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…PETITIONER

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(BY MS. PRIYA KOSHI., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS

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CHIEF SECETARY,

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VIDHANA SOUDA, BANGALORE 560001.

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Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA

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CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, BBMP, CORPORATION

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CIRCLE BANGALORE 560001.

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THE ZONAL JOINT COMMISSIONER BRUHAT BENGALURU

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MAHANAGARA PALIKE, BBMP,

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R R NAGAR ZONE, BENGALURU 560098.

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NC: 2024:KHC:49129 WP No. 23103 of 2024

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JOINT DIRECTOR TOWN PLANNING BRUHAT BENGALURU MAHANAGARA PALIKE, BBMP, R R NAGAR ZONE, BENGALURU 560098.

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ADDITIONAL DIRECTOR TOWN PLANNING BRUHAT BENGALURU MAHANAGARA PALIKE, BBMP, RR ZONE, BENGALURU 560098.

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CHIEF ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE, BBMP, R R NAGAR ZONE, BENGALURU 560098.

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EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE, BBMP, KENGERI SUB DIVISION, BENGALURU 560060.

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ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE, BBMP, KENGERI SUB DIVISION, BENGALURU 560060.

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ASSISTANT ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE, BBMP, WARD NO 198, HEMMIGEPURA, BENGALURU 560098.

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DISTRICT REGISTRAR OFFICER NO 122/22, 4^TH FLOOR

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NC: 2024:KHC:49129 WP No. 23103 of 2024

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MONARK CHAMBER, INFANTRY ROAD SHIVAJI NAGR, BENGALURU 560001.

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BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED, BESCOM REP BY ASST ENGINEER CORPORATE OFFICE, BESCOM, KR CIRCLE, BANGALORE 560001.

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BANGALORE WATER SUPPLY AND SEWERAGE BOARD BWSSB REP BY CHAIRMEN,

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2^ND FLOOR CAUVERY BHAVAN, KEMPEGOWDA ROAD, BENGALURU 560009.

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KARNATAKA STATE FIRE AND EMERGENCY SERVICES REP BY DEPUTY INSPECTOR GENERAL OF POLICE, DISCIPLINARY AUTHORITY, NO 1, ANNASWAMY MUDALIAR ROAD, BANGALORE 560042.

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SRI MADHAN MOHAN N T S/O UNKNOWN, AGE UNKNOWN, C/A SITE NO 23, KHATHA NO 352/23, SITE NO 24, KHATA NO 356/24, WARD NO 198, VAJARAHALLI VILLAGE, UTTARAHALLI HOBLI, BENGALURU 560098.

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NC: 2024:KHC:49129 WP No. 23103 of 2024

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SRI LINGARAJU G S/O UNKNOWN, AGE UNKNOWN, C/A SITE NO 23, KHATHA NO 352/23, SITE NO 24, KHATA NO 356/24, WARD NO 198, VAJARAHALLI VILLAGE, UTTARAHALLI HOBLI, BENGALURU 560098.

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ELITE CONSTRUCTIONS HAVING PROJECTS NAME ELITE YASHAS AND ELITE THANISHK, C/A SITE NO 23, KHATHA NO 352/23, SITE NO 24, KHATA NO 356/24, WARD NO 198, VAJARAHALLI VILLAGE, UTTARAHALLI HOBLI, BENGALURU 560098.

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…RESPONDENTS

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(BY SMT.SPOORTHI V., HCGP FOR R1 AND R10; SMT. SINCHANA M.R., ADVOCATE FOR R2 TO R9; SRI. R. SRINIVASA GOWDA, ADVOCATE FOR R11)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTIUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS MANDATING THE R-2 TO 9 TO TAKE APPROPRIATE MEASURES FOR DEMOLITION OF UNAUTHORISED BUILT PARTS OF THE BUILDING UNDER THE RELEVANT PROVISION OF BBMP ACT, 2020; DIRECT THE R-10 TO 13 TO CONSIDER THE REPRESENTATIONS FILED BY THE PETITIONER DATED

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NC: 2024:KHC:49129 WP No. 23103 of 2024

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17.08.2024 i.e., ANNX-G1 TO G4 RESPECTIVELY; DIRECT THE R-10 TO REFRAIN FROM CARRYING OUT ANY REGISTRATION PROCESS PERTAINING TO THE PROPERTIES SITUATED AT SITE NO. 23 HAVING KHATHA NO. 352/23 AND SITE NO. 24 HAVING KHATHA NO. 356/24 WARD NO. 198, VAJARAHALLI VILLAGE, UTTARAHALLI HOBLI, BENGALURU 560098 AND ETC.

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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 petitioner, a resident of Bellandur, Bengaluru, has filed this petition contending that the fourteenth to sixteenth respondents are developing the property bearing No.23 of Vajarahalli Village, Uttarahalli Hobli, Bengaluru [ the subject property ] contrary to the Sanction Plan but the Bruhat Bengaluru Mahanagara Palike [BBMP] has not initiated action. The petitioner contends that, to ensure that there is no precipitation, this Court must direct the District Registrar and the Officers under him not to register any conveyance deed presented

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NC: 2024:KHC:49129 WP No. 23103 of 2024

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for registration under the provisions of the Registration Act, 1908 and for directions to the concerned authorities to disconnect the water and power supply.

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This Court has called upon the learned counsel for the BBMP to secure instructions on the details of the plan sanctioned and the measurements taken to verify whether the construction by the private respondents is in accordance with the sanction plan. In compliance, a memo is filed along with copies of [a] the sanctioned plan, [b] the Provisional Order and Notice thereof [both dated 27.11.2023] under Sections 248[1] and 248[2] of the Bruhat Bengaluru Mahanagara Palike Act, 2020 [BBMP Act], [c] the Confirmation Order dated 11.12.2023 under Section 248[3] of the BBMP Act, and [d] Notice/Order dated 24.01.2024 issued under Section 356[1] and 356[2] of the BBMP Act for removal of the unauthorized construction.

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NC: 2024:KHC:49129 WP No. 23103 of 2024

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It is also seen from the records so

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produced that the Assistant Director of Town Planning, Rajarajeshwari Nagar Zone, BBMP has caused the communication to the concerned from Bangalore Water Supply and Sewerage Board [BWSSB] and Bangalore Electricity Supply Company Limited [BESCOM] to disconnect the water and electricity supply. Ms. M R Sinchana, the learned counsel for the second to ninth respondents, relying upon these circumstances, emphasizes that this Court may pass just orders examining the petitioner's locus to sustain this petition without bringing on record the personal rights that are affected.

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This Court is only persuaded to observe that with the proceedings initiated for deviation in the construction by the private respondents, the Authorities must act pursuant to these proceedings to bring about a closure in accordance with law, and no further directions are necessary in the present

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NC: 2024:KHC:49129 WP No. 23103 of 2024

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proceedings at the petitioner's instance especially when it has failed to demonstrate personal right which

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is infringed. Hence, the following:

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ORDER

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The petition stands disposed of observing that the closure of this proceedings shall not in any manner absolve the Authorities from completing the proceedings as is required in law

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against the private respondents.

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SD/(B M SHYAM PRASAD) JUDGE

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AN/-

Mr. Bhaskar a, v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr. Bhaskar a, v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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