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2025 Supreme(Kar) 2200

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
JAYANT BANERJI, K.V. ARAVIND
Sushil Kumar, S/o. Uttam Chand Dhariwal – Appellant
Versus
Bruhat Bangalore Mahanagara Palike, Represented By Its Commissioner – Respondent


Advocates Appeared:
For the Appellants :Sri Paras Jain, Advocate
For the Respondents:Sri B.S. Satyanand, Advocate, Sri P.D. Surana, Advocate.

JUDGMENT :

K.V.ARAVIND, J.

Heard Sri Paras Jain, learned counsel for the appellants; Sri B. S. Satyanand, learned counsel for respondent Nos.1 to 3; and Sri P. D. Surana, learned counsel for respondent No.4.

2. The appellants are the owners of the immovable property bearing No. 8/1, II Cross, Swasti Road (Lakshmi Road Cross), Shanthi Nagar, Bengaluru. Respondent No.4 is the owner of the adjacent property bearing No.8/2. The appellants commenced construction of a building after obtaining sanction of the building plan from respondent Nos.1 to 3. Respondent No.4 submitted a representation alleging that the appellants had violated the sanctioned plan. When respondent Nos.1 to 3 failed to take action, W.P. No.4972/2012 was filed before this Court seeking a direction to the Bruhat Bengaluru Mahanagara Palike, [BBMP] to initiate action for removal of the alleged illegal construction. The violation alleged pertained to the construction of additional floors beyond the sanctioned plan. This Court, while disposing of W.P. No.4972/2012, directed the BBMP to initiate action for removal of the unauthorized construction. In compliance, the BBMP issued a notice under Section 321 of the Karnataka Mu

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