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1989 Supreme(Kar) 113

P.P.BOPANNA
H. H. BUILDERS (KANT) PVT. LTD. – Appellant
Versus
CORPN. OF THE CITY OF BANGALORE – Respondent


Advocates:
B.J.SOMAYAJI, G.P.SHIVAPRAKASH, H.N.Narayan, K.K.VENUGOPAL, K.RADHESH PRABHU, P.VIAHWANATHA SHETTY, R.C.Castelino, S.SHIVASWAMY, SHIVARAJ PATIL, TUKURAM S.PAL

P. P. BOPANNA, J.

( 1 ) THESE petitions are disposed of by a common order since the facts are common in all these petitions and certain common questions of law arise for consideration in all these petitions.

( 2 ) IN W. P. Nos. 14386 to 14390 of 1987 the petitioners are the builders owners of highrise residential apartment buildings and it is common ground that they had put up these highrise buildings in accordance with the plans sanctioned by the Corporation of City of Bangalore which is the 1st respondent herein. They are aggrieved by the notices issued by the Corporation which are produced as Annexures-A to E in these petitions. By those notices, the Commissioner for Corporation who is the 1st respondent herein (hereinafter referred to as the Commissioner) had called upon the petitioners to bring down the height of the building to 35' 55' with ground floor plus two, four upper floors respectively within 30 days from the date of receipt of these notices failing which they were warned that suitable action would be taken by the Corporation to demolish the offending portions of the buildings and that the Corporation would recover the costs of demolition as arrears of land revenue.

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