Petition sought directions to BBMP to act on a legal notice and complete proceedings against unauthorised construction by the fifth respondent. Following the court's earlier order and a confirmation order under Section 248(3), with an appeal pending, the petition was disposed of without further orders.
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NC: 2024:KHC:47565 WP No. 25282 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER, 2024 BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 25282 OF 2024 (LB-BMP)
BETWEEN:
DR.B. MAHENDRA S/O LATE BELURAPPA AGED ABOUT 63 YEARS RESIDING AT NO.301/10 36TH CROSS, 7TH MAIN 4TH BLOCK, JAYANAGAR BENGALURU 560011.
…PETITIONER
(BY SRI. VIKRAM HUILGOL, SENIOR ADVOCATE FOR SRI. GIRISHA T R.,ADVOCATE)
AND:
Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:47565 WP No. 25282 of 2024
…RESPONDENTS
(BY SRI.PAWAN KUMAR., ADVOCATE FOR R1 TO R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, DIRECTING THE RESPONDENTS TO CONSIDER THE LEGAL NOTICE DATED 02.05.24 A COPY OF WHICH IS PRODUCED AT ANNEXURE-B AND B1 AND DISPOSE OF THE SAME EXPEDITIOUSLY; DIRECTION DIRECTING THE R1 TO R4 TO COMPLETE THE PROCEEDINGS INITIATED AGAINST R5 IN SO FAR AS THE ILLEGAL CONSTRUCTIONS ON THE SUBJECT
NC: 2024:KHC:47565 WP No. 25282 of 2024
PROPERTY IS CONCERN IN A TIME BOUND MANNER AS FIXED BY THIS HONBLE COURT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner has filed this petition for directions to the Bruhat Bengaluru Mahanagara Palike [BBMP] and its officers [ the first to fourth respondents ] to consider its legal notice dated 02.05.2024 [Annexure-B] and complete the proceedings begun against the fifth respondent for constructing contrary to the sanctioned plan. The petitioner has earlier filed writ petition in W.P. No. 24237/2023 for directions to the Chief Commissioner, BBMP to take actions against the construction by the fifth respondent, and this petition in WP No. 24237/2023 is taken up for final disposal with two other petitions, including the writ petition in W.P. No.1986 of 2024 filed by the fifth respondent calling in question the Confirmation Order dated 12.01.2024 under 248[3] of the
NC: 2024:KHC:47565 WP No. 25282 of 2024
Bruhat Bengaluru Mahanagara Palike Act 2020 [BBMP Act].
This Court, on 20.01.2024, has disposed of these petitions [and another petition] requiring the BBMP to ensure that the fifth respondent is duly served with notice of the Provisional Order under section 248[1] of the BBMP Act as is required under section 248[2] thereof. The petitioner's grievance is that after this Court's order dated 20.01.2024 the concerned from the BBMP has not acted. This Court on 24.10.2024, while calling upon Sri Pawan Kumar, a learned standing counsel for the BBMP and its officers to take notice, has called upon the learned Counsel to secure instructions on the progress after this Court's order dated 20.01.2024 in the earlier petition. In compliance with this direction, a Report is filed today.
Sri Vikram Huilgol, the learned Senior Counsel for the petitioner, and Sri Pawan Kumar are heard in the light of this Report. They are categorical that after this Court's direction on 20.01.2024 in the said three petitions, the fifth respondent is heard resulting in the Confirmation Order dated 06.09.2024 under section
NC: 2024:KHC:47565 WP No. 25282 of 2024
248[3] of the BBMP Act; that the fifth respondent has challenged such order in appeal under section 253 of the BBMP Act in the appeal in No.231/2024 and that this appeal is pending. It is also stated in the Report that further action will be taken subject to the final decision in the Appeal No. 231/2024. This Court, in view of the Report, opines that the petition must be disposed of without further orders, and the petition stands disposed of accordingly.
SD/(B M SHYAM PRASAD) JUDGE
AN/-*
1 issue framed by the court
Whether BBMP should be directed to act on the petitioner's legal notice and complete demolition proceedings against unauthorised construction.
5 provisions across 2 enactments
Dr. B. Mahendra
The Commissioner BBMP
The Assistant Director of Town Planning BBMP West Zone
The Joint Commissioner BBMP West Zone
The Assistant Executive Engineer BBMP Gandhinagar Sub Division
M/s Eaglesight Telemedia Private Ltd
B M Shyam Prasad
As recorded by the court registry
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