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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S SUNIL DUTT YADAV J
B.G. Veerabhadrappa S/o Late Shri B.V. Gopal Setty – Appellant
Versus
Chief Commissioner Bhruhat Bangalore Mahanagara Palike – Respondent
| Table of Content |
|---|
| 1. challenge to bbmp orders regarding property setbacks. (Para 1 , 2 , 3) |
| 2. petitioner's arguments against setback calculations. (Para 4 , 5 , 6) |
| 3. court's observations on notice and jurisdiction. (Para 7 , 8 , 9 , 10) |
| 4. court's reasoning on jurisdiction and setbacks. (Para 12 , 13 , 14) |
| 5. final decision and directions regarding compliance. (Para 16 , 17 , 18 , 19 , 20 , 21) |
ORDER :
1. The present petition has been filed challenging the order passed by the Chief Commissioner in Appeal No.160/2023 at Annexure-K confirming the orders passed under Section 248 (1) and (3) of the BRUHAT BENGALURU MAHANAGARA PALIKE ACT , 2020 (for short 'the Act') at Annexures-G and H.
2. Petitioner is the owner of the property and he is stated to have applied for sanction plan for Site No.14/1 and it is submitted that complaint was filed by the 5th respondent pursuant to which respondent - BBMP has taken action. The order under Section 248 (3) of the BBMP Act was challenged at an earlier instance in Appeal No.9/2023 and the said order came to be set aside remanding the matter back for fresh consideration.
3. Once again the proceedings under Section 248 of the Act were initiated and finally,
Building setback calculations must strictly adhere to relevant Bye-Laws and are to be applied to each specific site, affirming jurisdictional authority of municipal bodies over property compliance is....
The Assistant Executive Engineer does not have the power to issue notices and confirmatory orders under Sections 248(1), 248(2), and 248(3) of the BBMP Act, 2020. The BBMP should verify documents fro....
Stopping construction requires initiation of proceedings under Section 248 of the BBMP Act, not merely a notice under Section 313.
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