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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M. NAGAPRASANNA
Denis Crasta S/o Late Elias Crasta – Appellant
Versus
Union Of India – Respondent
ORDER :
M. NAGAPRASANNA, J.
The petitioner calls in question an order dated 28-01-2025 passed by the Regional Director, National Monuments Authority, Government of India, Bengaluru declining to grant permission and directing to stop construction of the residential house in the schedule property.
2. Heard Sri Pundikai Ishwara Bhat, learned counsel appearing for the petitioner, Sri Ajay Prabhu, learned Central Government Panel Counsel appearing for respondents 1 and 2, Sri Shamanth Naik, learned High Court Government Pleader appearing for respondent No.3 and Sri Harish Bhandary, learned counsel appearing for respondent No.4.
3. Facts in brief, germane, are as follows:
The petitioner comes in possession of the subject property pursuant to a decree in a partition suit - O.S.No.901 of 1993. It appears that the judgment and decree in O.S.No.901 of 1993 was challenged in R.A. Nos. 66 and 67 of 2009, which come to be dismissed on 21-02-2011. Both the judgments and decrees of the civil Court and the first Appellate Court were called in question in R.S.A.Nos.1413 and 1414 of 2011. During the subsistence of regular first appeals, the parties enter into a compromise and a coordinate Bench of this C
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Actions would be taken to verify that the existing structure is in accordance with the existing Development Permission and only thereafter, Building Usage Permission would be granted.
The Archaeological Survey of India must adhere to natural justice principles and provide an opportunity for hearing before taking enforcement actions against properties in regulatory zones.
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