Karnataka High Court
Judges : R.P.Sethi,K.R.Prasad Rao
KORAMANGALA RESIDENTS VIGILANCE GROUP, BANGALORE - Appellant
Versus
CORPORATION OF THE CITY OF BANGALORE - Respondent
Writ Petition 777 Of 1993
Decided On : 07/02/1998
Advocates Appeared :
A.V.S.REDDY, K.N.Puttegowda, N.B.BHAT, UDAYA HOLLA
Building Licence - Construction of multistoreyed/multi-apartments - Karnataka Municipal Corporations Act, 1976, Section 321 - The judgment discusses the illegality of building licences issued for construction of multistoreyed/multi-apartments and the authority's power to grant such licences under the Karnataka Municipal Corporations Act, 1976. It also highlights the impact of delay and laches on the court's decision.
Fact of the Case:
The petitioners challenged the legality of building licences issued for multistoreyed/multi-apartments, alleging violation of statutory provisions and detrimental impact on the quality of life in the area. The court found the licences contrary to law but dismissed the writ petitions due to delay and laches.
Finding of the Court:
The court found the building licences to be contrary to law and quashed them. It also set aside the order allowing further construction and directed the demolition of the illegal construction, holding the authorities liable for the expenses and costs.
Issues: The issues involved delay and laches in filing the writ petitions, the legality of building licences, and the authority's power to grant such licences.
Ratio Decidendi: The court held that delay and laches could not prevent the grant of relief, found the building licences contrary to law, and emphasized the obligation of authorities to exercise powers in accordance with the law.
Final Decision: The writ appeals were allowed, the order rejecting the writ petitions on the ground of delay and laches was set aside, and the impugned licences were quashed. The authorities were directed to demolish the illegal construction and held liable for expenses and costs.
( 2 ) BUILDING licence No. LP 169 of 1987-88 was issued in favour of respondent 4 as noted hereinabove. However, respondent 1 vide its letter dated 4-4-1988 directed respondent 4 to stop all further construction. Such letter was withdrawn by respondent 3 vide its letter dated 26-3-1991. Upon receipt of the letter giving direction to respondent 4 to proceed with the construction, the work was resumed. The withdrawal of the earlier directions stopping construction work was termed by the petitioners as arbitrary, illegal and unjustified. The action of respondents 1 to 3 in allowing construction of the work of multi-storeyed/multi-dwelling units was termed to be arbitrary, illegal and violative of Article 14 of the Constitution of India besides being violative of the relevant provisions of law applicable in the case. Respondent 1 was alleged to be not empowered to grant licence to put up such buildings, The licence issued in favour of
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