Karnataka High Court
Leena Fernandes - Appellant
Versus
Planning Authority, Mangalore - Respondent
Decided On : 07-21-92
W.J.P. : 6481 of 1988
( 1 ) IN these petitions the petitioners seek quashing of the building licences and the sanctioned plan issued to the fourth respondent by the first respondent-Planning authority and the second respondent-City Corporation. There is also a prayer for a direction to enforce the Zongal Regulations issued under the Outline Development plan (ODP) and Comprehensive Development Plan (CDP ). The further prayer seeks the demolition of the offending structure put up by the fourth respondent The petitioners also have filed I. As. II and III, LA. II for the amendment of the writ petition and to treat LA. Ill as additional statement Petitioners are permitted to seek this additional prayer and these I. As. II and III are read part of these writ petitions the result is that the petitioners seek the quashing of two Government Orders, one dated 8th November, 1984 and another dated 17th October, 1985. As per the earlier order dated 8-11-1984 Government accorded approval for relaxation of the building line from 20 feet to 10 feet regarding the construction proposed to be put up by the fourth respondent By the second order the building line require to be set apart was further reduced to eight and a half feet.
( 2 ) PETITIONERS assert that they are the rate-payers and residents of the city ofmangalore. In addition, petitioners 3 to 5 are the tenants carrying on their business in the building belonging to the fourth respondent which is likely to be demolished to enable the new construction under the sanctioned plan in question. Therefore, these petitioners 3 to 5 assert that their livelihood would be affected by the proposed construction.
( 3 ) THE localities where in the building is proposed to be put up is described in the writ petition as follows:"the Hampankatta area is the busiest commercial area in Mangalore with the heaviest traffic in the City. Hampankatta area comes within the Outline development Plan and the Comprehensive Development Plan as an "intensely developed area", of Mangalore City. The Hampankatta area is a junction where 7 roads coverage. In the portion of the road known as Balmatta Road where the 4th respondent owns buildings the width is only 39 feet (12. 66 metres) whereas the said road elsewhere has a uniform width of 60 feet. The construction of a multi-storied building at such a point, in gross violation of the Zoning regulations would cause serious hazards to the safety of the members of the public as well as impede the free movement of traffic on the road". It is further averred that the fourth respondent who has been running its business under the name and style of M/s. Canara Jewellers demolished a building which is adjacent to Madhava building (wherein petitioners 3 to 5 are running their business ). In the course of demolishing the adjacent building the building under the occupation of the petitioners was damaged. On discovering that the fourth respondent proceed to put up a new building in gross violation of the sanctioned plan and Zongal regulation they complained to the authorities. In the year 1984 the fourth respondent obtained sanction for the construction of a multi-storeyed building containing a basement, ground and three floors (thus in all five floors ). Though the sanctioned plan require a building line of 20 feet from the edge of the fourth respondent's property to the road as per the Zongal Regulations and having obtained a commencement certificate accordingly the fourth respondent proceeded to put up a construction placing the R. C. C. columns within a distance of four feet as the building line. Respondents-1 and 2 having enquired into the alleged violation of the sanctioned plan issued notices to the fourth respondent to stop the construction and proceeded to revoke the licence. On 22-6-1984 the second respondent-Municipality informed a few petitioners that the licence issued for the construction has been revoked in view of the violation made and a notice has already been issue
Pratibha Co operative Housing Society Ltd. and Others v Slate of Maharashtra and Others
gpt-4
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