JUDGMENT

The facts are not in dispute.

2. The plaintiffs are persons who were inducted into the suit properties by BBMP and have been in possession of the property since more than two decades.

3. It is the admitted case of both parties that BBMP had been renewing the lease regularly and the last lease renewal was made in the year 2014.

4. The Plaintiffs filed a suit for injunction contending that an attempt was being made to illegally dispossess them. It was their case that since an illegal attempt was made to dispossess them on the premise that the building was in a dilapidated condition, they were entitled for a grant of injunction.

5. Notice of the suit was ordered and BBMP entered appearance and contended that the premises in possession of the plaintiffs was in a ruinous state and was classified as dangerous structure. It was stated that the Commissioner had invoked his power under Section 322 of The Karnataka Municipal Corporations Act and had ordered eviction of plaintiffs from the premises in which the plaintiffs were running their business.

6. The trial court taking into consideration the stand taken by the BBMP proceeded to come to the conclusion that plaintiffs were not entitled for an order of injunction since an order passed under Section 322 of The Karnataka Municipal Corporations Act provided for an appeal and therefore the suit itself was not maintainable.

7. It is not in dispute that the Joint Commissioner passed an order on 30.07.2020, the operative portion of which reads as under:

“I, being the delegated authority of the Commissioner BBMP, by exercising the powers vested in me u/s 322 of Karnataka Municipal Corporation Act 1976, it is deemed, the BBMP “Commercial Complex” building (Base+GF+FF+SF), ward No.118, Sudhamnagar PID No.48-68-231 measuring south to North 51 meters (167’) & East to West 23 meters (75’-6’), situated on the right side of JC road (From Minarva Circle towards Townhall) to be in a ruinous state or dangerous to passers by or to the occupiers of the building or the occupiers of neighbouring structures and there upon

1) AEE Kempegowda Nagar is directed to issue notice u/s 322(1) of KMC Act 1976, to tenants/occupiers of shops in the ground floor, whose names are appearing in para 2 above, to take down their belongings & to vacate the respective shop premises immediately within 3 days.

2) Similar notice u/s 322(1) of KMC Act 1976 to be issued by the AEE (Kempegowdanagara) to the officer incharge of the office of “Child Development Department” occupied in 2nd floor, to take down their belongings and to vacate the premises immediately within 3 days.

3) AEE (Kempegowda Nagar) is directed to fence off the above building from all the 4 sides to prevent ensuing danger.

4) File to be moved separately to CE (Project-Central) & Deputy Commissioner(Admin) with a request to take steps to shift BBMP various offices housed in 1st and 2nd floor of the building and to cause to accommodate them to appropriate places by issuing necessary directions.

5) Since, the commercial Complex building imminently dangerous to the inmates thereof, Chief Engineer (Project-Central) is informed to see that an immediate evacuation thereof is made and any person disobeying may be removed by obtaining police force, wherever necessary and such action to be taken immediately after expiry of 3 days referred to above.

6) Legal Cell BBMP to take appropriate steps in the meanwhile.

7) ARO(South Market) is directed to recover the rental dues from the concerned immediately and report back.”

8. As could be seen from the operative portion Joint Commissioner had directed issuance of notice under Section 322(1) of The Karnataka Municipal Corporations Act to the occupants.

9. Section 322 of The Karnataka Municipal Corporations Act reads as follows:

“322. Precautions in case of dangerous structures.- (1) If any structure be deemed by the Commissioner to be in a ruinous state or dangerous to passers by or to the occupiers of neighbouring structures, the Commiss