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2017 Supreme(Kar) 750

R.S.CHAUHAN
M. C. Nalinakshi – Appellant
Versus
Secretary, Urban Development Department, Bangalore – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K.R. Ramesh
For the Respondents: A.K. Vasanth

JUDGMENT :

Raghvendra S. Chauhan, J.

1. The petitioner has challenged the legality of the order, dated 1-4-2017, passed by the VI Additional District and Sessions Judge, Tumakuru, in M.A. No. 22 of 2016, whereby the learned Judge has dismissed the appeal filed by the petitioner under Section 443-A of the Karnataka Municipal Corporations Act, 1976 ("the Act", for short).

2. Briefly the facts of the case are that the petitioner claims to be the owner of the property bearing Municipal Katha No. 1058/813/1118 (Old Municipal Katha No. 3068), P.I.D. No. 88359, situated at Ward No. 22, Someswarapuram Extension, Tumkur. According to the petitioner, she acquired the property from her husband under a registered gift deed dated 5-2-2014, followed by a rectification deed dated 10-2-2014. Pursuant to the gift deed dated 5-2-2014, the Katha of the scheduled property had also been transferred in the petitioner's name. Subsequently, in order to construct a house, she had applied for a sanctioned plan. According to the sanctioned plan, she was permitted to construct the Ground floor, the First floor, and the Second floor. While the construction was in progress, the petitioner's neighbour, namely Smt.






























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