Allowed

Prestige Bougainvillea Home Owners Association, v. Assistant Executive Engineer (E)

Karnataka HC13 Mar 2024WP/7215/2024

Case brief

AI extract

What is this about?

A home owners' association challenged endorsements and communications directing removal of an alleged encroachment on a public road and shifting of a BESCOM transformer. The court quashed them as violative of natural justice and permitted the Deputy Commissioner to conduct a fresh enquiry after hearing the association.

What the court decided

AI extract

Prestige Bougainvillea Home Owners Association, Vs… — Property and Title | Karnataka HC (2024)

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1 - NC: 2024:KHC:10277 WP No. 7215 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO. 7215 OF 2024 (GM-KEB)

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BETWEEN:

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PRESTIGE BOUGAINVILLEA HOME OWNERS ASSOCIATION, A REGISTERED ASSOCIATION HAVING ITS REGISTERED OFFICE AT SY. NOS. 58/2 AND 59, ECC ROAD, PATTANDUR AGRAHARA, WHITEFIELD, BENGALURU - 560 066, REPRESENTED HEREIN BY ITS DULY AUTHORIZED SIGNATORY, DR. ABHISHEK PATIL

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…PETITIONER

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(BY SRI: I.S. DEVARAIAH, ADVOCATE)

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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AND:

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ASSISTANT EXECUTIVE ENGINEER (E), E4 SUB DIVISION, BANGALORE ELECTRICITY SUPPLY COMPANY LTD., WHITEFIELD, BENGALURU - 560 001

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ASSISTANT EXECUTIVE ENGINEER, WHITEFIELD SUB-DIVISION, BRUHAT BANGALORE MAHANAGARA PALIKE, NEAR GOVERNMENT POLYTECHNIC, IMMADIHALLI, BENGALURU - 560 066.

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DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, KANDAYA BHAVAN, KG ROAD, BENGALURU - 560 001.

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PRESTIGE ESTATES PROJECTS LIMITED, A LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE

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2 - NC: 2024:KHC:10277 WP No. 7215 of 2024

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AT PRESTIGE FALCON TOWER, NO.19, BRUNTON ROAD, BENGALURU REPRESENTED HEREIN BY ITS MANAGING DIRECTOR, MR. IRFAN RAZACK

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…RESPONDENTS

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(BY SRI: S.R. KHAMRAZ KHAN, AGA FOR R3. SRI: PAWN KUMAR, ADVOCATE FOR R2. SRI: H.V. DEVARAJU, ADVOCATE FOR R1 V/O DT.07/03/2024, NOTICE R4 D/W)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO I) QUASH THE COMMUNICATION DATED 28/02/2024 ISSUED BY THE R1 (ANNEXURE-N) AND ALL OTHER ACTIONS TAKEN PURSUANT THERETO. II) QUASH THE ORDER / DIRECTIONS DATED 15/04/2023 ADDRESSED BY THE R3 TO THE TAHSILDAR AS ENDORSED UPON THE LETTER DATED 15/04/2023 (ANNEXURE-L) AND ALL OTHER ACTIONS TAKEN PURSUANT THERETO IN FURTHERANCE TO THE COMMUNICATION ADDRESSED BY MR. VICTOR FREITAS, INCLUDING BUT NOT LIMITED TO THE INTIMATION DATED 15/05/2023 ISSUED BY THE R3 (ANNEXURE-M). III) DIRECTION QUASH ALL ACTIONS OF THE R2 IN PURSUANCE TO THE COMMUNICATION ADDRESSED BY MR. VICTOR FRIETAS (ANNEXURE L), INCLUDING BUT NOT LIMITED TO THE DIRECTIONS ISSUED BY THE R2 TO THE R1 UNDER THE COMMUNICATION DATED 14/02/2024 (ANNEXURE-P) AND ALL OTHER ACTIONS TAKEN PURSUANT THERETO AND ETC.,

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

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ORDER

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The petitioner is an association of the property owners registered under the provisions of the Karnataka Apartment Ownership Act, 1972 and the Association has been formed to ensure proper management of the residential complex situated in Sy.Nos.58/2 and 59, BBMP khatha Nos.726/653, Pattandur

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NC: 2024:KHC:10277 WP No. 7215 of 2024

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Agrahara Village, K.R. Puram Hobli, Bengaluru, measuring 7 acres 34 guntas.

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The petitioner has called in question the endorsement dated 15.04.2023, by which, the Tahsildar concerned was called upon to take action for removing the encroachment on the public road as per the conversion sketch and also the communication issued by respondent No.2 to the erstwhile owners of the property to remove the encroachment made on the public road, failing which, appropriate action will be taken. The petitioner has also called in question the communication dated 14.02.2024 issued by respondent No.2BBMP calling upon respondent No.1 to shift the transformer which is installed on the alleged encroached area, and also the communication issued by respondent No.1- BESCOM calling upon the petitioner to shift the transformer from the encroached area.

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Heard learned counsel for the parties.

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Admittedly respondent No.3 on the complaint filed

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by one Victor Freitas has taken a decision that the transformer which has been installed by respondent No.1- BESCOM for

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4 - NC: 2024:KHC:10277 WP No. 7215 of 2024

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supply of electricity to the petitioner's residential complex is on the public road. Petitioner's contention is that the transformer installed is on the property belonging to the residents who are the members of the petitioner Association. Respondent No.3 without issuing notice to the petitioner, has come to the conclusion that as per the conversion sketch, the transformer has been installed on a public road. Therefore, the impugned endorsement and the subsequent communications issued by the respondents- Authorities are in violation of the principles of natural justice. Accordingly, I pass the following:

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ORDER

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i. Writ petition is allowed.

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ii. The communication dated 28.02.2024 issued by respondent No.1 at Annexure-N, the directions dated 15.04.2023 issued by respondent No.3 to the Tahsildar as endorsed on the letter dated 15.04.2023 at Annexure-L, the communication dated 15.05.2023 issued by respondent No.3 at AnnexureM and the communication dated 14.02.2024 issued by respondent No.2 to respondent No.1 at AnnexureP are hereby quashed.

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iii. Respondent No.3 is at liberty to conduct an enquiry afresh as to whether the subject

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NC: 2024:KHC:10277 WP No. 7215 of 2024

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transformer is installed on the public road or not after affording an opportunity of hearing to the petitioner.

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Sd/JUDGE

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PN List No.: 1 Sl No.: 12[

Prestige Bougainvillea Home Owners Association, v. Assistant Executive Engineer (E)

Case brief

What is this about?

What the court decided

Prestige Bougainvillea Home Owners Association, v. Assistant Executive Engineer (E)

Case brief

What is this about?

What the court decided

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