K B Nishat Alikhan v. the Karnataka Appellate Tribunal
Case brief
What is this about?
WP No. 22792 of 2016 (LB-BMP), High Court of Karnataka, decided 04.02.2025 by Justice N S Sanjay Gowda; NC: 2025:KHC:4930. BBMP demolition/unauthorised construction proceedings quashed as mala fide; provisional order dated 16.01.2013 for violation of building bye-laws and absence of sanction plan; construction of 1989-90 predating BBMP jurisdiction, supported by tax paid receipts (Annexures G–G3); action triggered by petitioner's complaint against neighbour's 2 ft. encroachment (BMTF complaint dated 10.12.2012); AEE affidavit admitting no setbacks in the street; Karnataka Appellate Tribunal Appeal No.190/2013 (BCC) confirmation set aside; stale action after ~35 years unsustainable; writ petition allowed under Articles 226/227.
What did the court decide?
Writ petition allowed; impugned proceedings (including the confirmatory order and its appellate confirmation) quashed.