Disposed¶37

Suraj Sur v. the Commissioner

Karnataka HC23 Jan 2025WP/23913/2024

Case brief

AI extract

What is this about?

Unauthorized construction / illegal building in contravention of sanctioned plan; BBMP Bommanahalli Zone; show-cause notice under Section 313, Bruhat Bengaluru Mahanagara Palike Act, 2020; Action Taken Report 12.11.2024; affidavit of stoppage of construction 18.12.2024; mandamus for demolition refused as infructuous; time-bound direction to BBMP to conclude proceedings within three months; interim restraint on construction and use of premises; Articles 226/227; writ disposed of; Justice N S Sanjay Gowda; WP No. 23913 of 2024.

What did the court decide?

Time-bound directions to BBMP to conclude proceedings against respondent No.4's unauthorized construction within three months, with an interim prohibition on any construction activity and on putting the premises to use until disposal. ¶37

Suraj Sur Vs the Commissioner — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether mandamus should issue directing respondents No.1 to 3 (BBMP officials) to take legal action against respondent No.4, who was erecting a building in violation of the sanctioned plan, and to demolish the illegal construction.

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Court's answer

Since BBMP had issued a show-cause notice under Section 313 of the BBMP Act, 2020, further construction had been stopped, respondent No.4 had filed an affidavit stating construction had stopped, and proceedings had been initiated against the unauthorized construction, the prayer in the Writ Petition would not survive for consideration.

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Ratio / Principle

BBMP was directed to ensure that the proceedings initiated in respect of the unauthorized construction made by respondent No.4 in contravention of the sanctioned plan are taken up and disposed of expeditiously, at any rate within three months from receipt of a copy of the order.

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Key takeaways

Until the proceedings are disposed of, no construction activities shall be taken up and the premises shall not be put to use.ratio¶37

Detailed headnote1 paragraphs

High Court of Karnataka (Hon'ble Mr Justice N S Sanjay Gowda), 23 January 2025: Writ Petition No. 23913 of 2024 (LB-BMP) under Articles 226 and 227 of the Constitution, in which the petitioners sought mandamus directing BBMP respondents 1 to 3 to take legal action against respondent No.4 and demolish a building erected in contravention of the sanctioned plan. BBMP's Action Taken Report of 12.11.2024 recorded issuance of a show-cause notice under Section 313 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 and stoppage of further construction; respondent No.4 swore an affidavit dated 18.12.2024 that construction had stopped; and BBMP stated proceedings against the unauthorized construction were underway and would be concluded at the earliest. Holding that the petition did not survive for consideration, the Court directed BBMP to take up and dispose of those proceedings expeditiously and in any event within three months of receipt of a copy of the order, making it clear that till then no construction activities shall be undertaken and the premises shall not be put to use. Writ petition disposed of; pending interlocutory applications also disposed of.

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NC: 2025:KHC:2853 WP No. 23913 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 23913 OF 2024 (LB-BMP)

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BETWEEN:

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SURAJ SUR S/O LATE RAJ KUMAR SUR, AGED ABOUT 49 YEARS,

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VEENA PERUVAJE W/O SURAJ SUR AGED ABOUT 46 YEARS,

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BOTH HAVING ANCESTRAL HOUSE AT 73, RASHABEHARI AVENUE, CHANDANNAGAR, HOOGHLY, WEST BENGALURU PIN 712136.

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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PRESENTLY RESIDING AT, MAKELANKATU 78-82, BLOCK -M, HELSINKI, FINLAND - 00610 REPRESENTED BY THEIR GPA HOLDER.

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BHASKAR DEY, S/O LATE BRAJEN DEY, AGED ABOUT 52 YEARS, RESIDING AT BASANTABAGAN, DHARAMPUR, (CT) RABINDRANAGAR, HOOGHLY, WEST BENGAL PIN 712103

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…PETITIONERS (BY SRI. BRATIN KUMAAR DEY AND SRI. S. SHEHINSHA ALI., ADVOCATE)

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AND:

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THE COMMISSIONER

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2 - NC: 2025:KHC:2853 WP No. 23913 of 2024

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BRUHATH BENGALURU MAHANAGARA PALIKE, N R SQUARE, BENGALURU. KARNATAKA - 560002.

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THE JOINT COMMISSIONER (BOMMANAHALLI ZONE) BRUHATH BENGALURU MAHANAGARA PALIKE, CMC BUILDING, 1, BEGUR RD, BOMMANAHALLI, BENGALURU. KARNATAKA PIN 5600068

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THE ASSISTANT EXECUTIVE ENGINEER BRUHATH BENGALURU MAHANAGARA PALIKE, BOMMANAHALLI ZONE, CMC BUILDING, 1, BEGUR RD, BOMMANAHALLI, BENGALURU. KARNATAKA - 560068.

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MR R JAGADISH RAO DHUMAL RESIDING AT NO. T-2, M S PARK, BHORA LAYOUT, GOTTIGERE, B G ROAD, BENGALURU. KARNATAKA - 560083

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…RESPONDENTS (BY SMT. ANUSHA PRASAD., ADVOCATE FOR R-1 TO R-3; SRI. K.BALAKRISHNA., ADVOCATE FOR R-4)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO DIRECTION TO THE R-1 TO 3 TO TAKE LEGAL ACTION AGAINST THE R-4 WHO IS CONSTRUCTING THE BUILDING IN CONTRARY TO THE SANCTION PLAN ISSUED THE R-1 TO 3 AND DEMOLISH THE ILLEGAL CONSTRUCTION AS PER THE ANNX-E, 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 N S SANJAY GOWDA

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NC: 2025:KHC:2853 WP No. 23913 of 2024

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ORAL ORDER

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The prayer in this Writ Petition is for issuance of mandamus to direct respondents No.1 to 3 to take legal action against respondent No.4, since the petitioner was complaining to them that the construction of a building in violation of the sanctioned plan was being erected after notices were ordered.

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The Bruhat Bengaluru Mahanagara Palike ('the BBMP ') has filed an Action Taken Report on 12.11.2024 in which it has stated that the BBMP has issued a show-cause notice under Section 313 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short, ‘BBMP Act’) and further construction has been stopped.

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The respondent No.4 has also filed an affidavit on 18.12.2024 that he has stopped further construction.

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NC: 2025:KHC:2853 WP No. 23913 of 2024

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Learned counsel for the BBMP submits that proceedings have also been initiated against the unauthorized construction put up by respondent No.4 in contravention of the sanctioned plan and the same would be concluded at the earliest.

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In the light of the above, the prayer made in the Writ Petition would not survive for consideration.

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However, the BBMP is directed to ensure that the proceedings that have been initiated in respect of the unauthorized construction made by respondent No.4 in contravention of the sanctioned plan shall be taken up and disposed of expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this order.

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Till then, it is made clear that no construction activities shall be taken up and the premises shall also not be put to use. This Writ Petition is, accordingly, disposed of.

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NC: 2025:KHC:2853 WP No. 23913 of 2024

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In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.

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Sd/(N S SANJAY GOWDA) JUDGE

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HNM List No.: 1 Sl No.: 22

Suraj Sur v. the Commissioner

Case brief

What is this about?

What did the court decide?

Suraj Sur v. the Commissioner

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Statutes considered

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