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1992 Supreme(Kar) 196

KRISHNAPUR MUTT, UDUPI – Appellant
Versus
N. VIJAYENDRA SHETTY – Respondent


Advocates:
G.S.VISHVESHVARA, P.VISHWANATH SHETTY, S.M.DODDAMANI

S. RAJENDRA BABU, J.

( 1 ) RESPONDENT No. 1 has a site measuring about 5 cents and bearing survey number 113/15 of shivalli in udupi town while the petitioner owns an adjacent site in survey number 113/14. The first respondent has obtained a commencement certificate under Section 15 of the Karnataka town and country planning Act, 1961 (hereinafter referred to as the act) for the construction of a shop building with a plinth area of 127. 78 square metres with two floors of identical measurements and permission was granted under Section 15 (1) of the act for construction of a shop building and it was made clear that the premises shall be used for the specific purpose of shop (commercial ). It was made clear that grant of permission will not constitute sanction of construction of a building and other statutory formalities will have to be complied with,before doing so. thereafter, the 1st respondent has sought for revision. This pennission was granted on 19-9-1979 and a municipal licence was obtained on 10-10-1979. Thereafter a revised plan was filed on 13-12-1982 and sanction was accorded on 18-1-1983. Again one more revised plan was submitted to the municipal council on 1-4-1984 for e











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