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2021 Supreme(Kar) 657

SACHIN SHANKAR MAGADUM
Kanthamani W/o G. N. Chandrashekar – Appellant
Versus
Commissioner Bruhat Bangalore Mahanagara Palike – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Madhukar Deshpande.
For the Respondents: Ashwin S. Halady, L. Venkatarama Reddy.

ORDER :

1. The captioned writ petition is filed seeking a writ of mandamus to issue direction to respondent Nos. 1 to 3 to take action pursuant to the final order passed under Section 321(3) of the Karnataka Municipal Corporation Act, 1976 (for short ‘the Act’) as per Annexure-D.

2. The facts leading to the case are as under:

    The grievance of the petitioner before this Court is that the respondent No. 4 who is the adjoining owner has commenced with construction illegally contrary to the sanction plan. The petitioner claims that as per the sanction plan, the respondent No. 4 is entitled to put up construction of ground floor and first floor. However, respondent No. 4 in total violation of the building sanction plan, has put up construction on ground floor plus three floors which is in contravention of the sanction plan. The petitioner immediately brought to the notice of respondent Nos. 1 and 2 in regard to illegal construction made by respondent No. 4. The respondent No. 2 pursuant to the complaint, issued a notice under Section 308 of the Act. Having issued a notice under the above said Section, however, respondent No. 2 did not proceed to take further course of action and this compe

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