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2024 Supreme(Online)(KAR) 36383

HIGH COURT OF KARNATAKA
MR JUSTICE B M SHYAM PRASAD, J
M/S PROVIDENT WELWORTH CITY APARTMENT OWNERS ASSOCIATION (REGD) – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


Petitioner Advocates:T SESHAGIRI RAO ,Respondent Advocate:

Table of Content
1. dispute between petitioner and applicant (Para 2)
2. court observes dispute must be resolved (Para 3)
3. nature of property cannot be altered (Para 4)

ORAL ORDER

The petitioner claims it is an association of owners of certain apartments and it is constituted under the provisions of the Karnataka Apartment Owners' Act , 1972. The petitioner is aggrieved by the third respondent's Notice dated 27-08-2024 [Annexure-A]. The third respondent [the Planning Authority] has issued this Notice under Rule 37 of the Karnataka Planning Authority's Rule , 1965 ascertaining that the certain extent in Sy.Nos.30, 31, 32, 33, 34 and 161 of Kadatanamale village, Hesaraghatta Hobli, Bangalore North (Additional) Taluk is reserved as a civic amenity site, and that a temporary shed has been constructed in this extent and therefore this temporary shed must be removed within 15 days. The third respondent has addressed this Notice to M/s. Provident Welworth City Residents Welfare and Cultural Association [the Applicant] while stating that no action has been taken despite repeated notices to remove the temporary shed.

2. The Applicant has filed its application to come on record in the present

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