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SURAJ GOVINDARAJ
Emerald Haven Development Ltd. – Appellant
Versus
Assistant Director Town Planning (South) – Respondent
ORDER :
1. The petitioner is before this Court seeking for the following reliefs:
b. Issue a writ of certiorari or any other appropriate writ, order or direction quashing the entire proceedings pending before the Bruhat Bengaluru Mahanagara Palike instituted on the basis of the complaint dated 25.08.2023 filed by respondent No.3 vide Annexure-C against the petitioner; and
c. Pass any other order or direction as this Hon'ble Court deems necessary in the interests of justice and equity.
2. The petitioner claims to be the owner of 4 acres of land in Sy.No.63/2 to 63/6 of Basapura Village, Begur Hobli, Bengaluru South Taluk. As regards which the petitioner having obtained a plan sanction has commenced construction and put up around 18 floors excluding the basement floor.
3. On a complaint filed by respondent No.3 on 25.08.2023, respondent No.1-Assistant Director, Town Planning (South) issued a notice on 14.09.2023 stating th
The main legal point established in the judgment is that the Corporation Officers must comply with the principles enshrined in Article 14 of the Constitution of India, treat everyone equally, and not....
The Corporation cannot take action for encroachments not shown in the Revised Master Plan.
Point of law: writ petition was not barred by either on the principles of res judicata or constructive res judicata. In the peculiar facts of the case since the issues referred to supra namely issue ....
Point of law: There is a presumption that public officials would discharge their duties honestly and in accordance with law. Even administrative power to be exercised to fulfill real purpose and not ....
Unauthorized constructions must be removed within a specified period, and individuals can approach the authorities for grant of patta for government poramboke land.
The court affirmed that building permissions can be withheld pending litigation concerning land use and encroachments, emphasizing adherence to statutory provisions.
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