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B. M. SHYAM PRASAD
Kumar Selvam V. – Appellant
Versus
Commissioner Bruhath Bengaluru Mahanagara Palike – Respondent
ORDER :
1. The petitioners are the owners of the property bearing No. 54D, 6th Main Road, Anjaneya Temple Street, Malleshpalya, K.R. Puram Hobli, Bengaluru East Taluk [the subject property] and they are aggrieved by the notice issued by the second respondent under Section 313 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 [for short, 'BBMP Act'] on 08.11.2023 [Annexure-A].
2. The second respondent - the jurisdictional Assistant Executive Engineer - has issued this notice calling upon the petitioners to produce a copy of the sanction plan, commencement certificate and tax paid receipts for the years prior to the impugned notice, and in addition, the second respondent has directed the petitioners to stop the construction forthwith. The petitioners are aggrieved by the order to stop the construction. The petitioners contend that they have purchased the subject property under the sale deed dated 28.07.2023, and at the time of this purchase, the vendors had completed the construction of the ground floor and they have commenced construction of the first floor and the second respondent has issued notice alleging that the construction is without the necessary setback.
3. This Court must
Stopping construction requires initiation of proceedings under Section 248 of the BBMP Act, not merely a notice under Section 313.
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