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THE HIGH COURT OF KARNATAKA
R. NATARAJ
HABITAT SPLENDOUR OWNERS ASSOCIATION – Appellant
Versus
THE JOINT COMMISSIONER – Respondent
ORDER :
R. NATARAJ, J.
The petitioner has challenged an order dated 15.12.2017 passed by the respondent No.1 in Appeal No.
under Section 114A of the Karnataka Municipal Corporations Act, 1976 (for short, 'the Act, 1976'). It has also sought for a direction to the respondent No.1 to hear and adjudicate upon the maintainability of the Appeal No.6/2017-18 filed by the respondent No.3 and in the event respondent No.1 were to hold that appeal is maintainable, to direct the respondent No.1 to stay all further proceedings therein for a period of four weeks to enable the petitioner to approach this Court.
2. The petitioner claims that it is an Association registered under the provisions of the Karnataka Apartment Ownership Act, 1972 of members, who own flats in a residential complex known as "Habitat Splendour" developed on the converted land bearing Mahadevapura City Municipal khata No.108 measuring 3,53,925 Sq. ft. i.e. total 08 Acres 05 Guntas formed in 05 Acres 06 guntas of land in Sy. No.16 and 02 Acres 39 Guntas of land in Sy. No.45 situate at Chinnapanahalli village, K.R. Puram Hobli, Bengaluru East Taluk (henceforth referred to as 'the petition schedule property' / 'subject property')
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