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2023 Supreme(Online)(KAR) 132
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF DECEMBER, 2023 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 21160 OF 2023 (LB-BMP)
BETWEEN:
RAMACHANDRA K @ RAMACHANDRAN K, S/O. LATE B. KRISHNAPPA, AGED ABOUT 71 YEARS, R/A NO.935/10, 2ND MAIN ROAD, 4TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010 …PETITIONER (BY SRI. CHANDAN S RAO.,ADVOCATE)
AND:
1. GEETHA DEVI, W/O PUKHARAJ PANCHARIYA, AGED ABOUT 49 YEARS, R/A NO.936/9, 2ND MAIN ROAD, 4TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010 Digitally signed PRESENTLY R/A NO.791, by NARAYANAPPA 3RD MAIN ROAD LAKSHMAMMA
4TH BLOCK, RAJAJINAGAR Location: HIGH COURT OF BENGALURU-560010 KARNATAKA
2. P. TEJARAJ, S/O PUKARAJ PANCHAYA, AGED ABOUT 27 YEARS, R/A NO.936/9, 2ND MAIN ROAD, 4TH BLOCK, RAJAJINAGAR, BENGALURU - 560010 PRESENTLY R/A NO.791, 3RD MAIN ROAD
4TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010
3. THE COMMISSIONER BRUHATH BENGALURU, MAHANAGAR PALIKE, HUDSON CIRCLE, BENGALURU - 560 002.
4. JOINT COMMISSIONER, WEST, BBMP, LG-34, SAMPIGE ROAD, JAI BHEEMA NAGAR, MALLESHWARAM, BENGALURU - 560 003.
5. EXECUTIVE ENGINEER, BBMP, SIR M VISHWESHWARAIAH COMMERCIAL COMPLEX, 12TH MAIN ROAD, RAJAJINAGAR, 2ND BLOCK, BENGALURU - 560 010.
6. ASSISTANT EXECUTIVE ENGINEER, BBMP, SIR M VISHWESHWARAIAH COMMERCIAL COMPLEX, 12TH MAIN ROAD, RAJAJINAGAR, 2ND BLOCK, BENGALURU - 560 010.
7. TASK FORCE, BBMP, 1ST FLOOR, N R ROAD, BENGALURU - 560 001.
…RESPONDENTS (BY SRI. G. S. PRASANNA KUMAR.,ADVOCATE FOR R1 AND R2 SRI. B.S. SHRINIVAS, ADVOCATE FOR R7)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO-DIRECT R3 TO 7 TO TAKE SUITABLE ACTION AGAINST R1 AND 2 FOR PUTTING UP CONSTRUCTION OVER THEIR PROPERTY IN VIOLATION OF THE SANCTION PLAN OBTAINED BY THEM FROM BBMP (PRODUCED AS ANNEXURE-K, HOUSE PROPERTY BEARING NO. 936/9 II MAIN, IV BLOCK, RAJAJINAGAR, BANGALORE - 560010, BOUNDED BY EAST TO WEST 45 FEET, AND NORTH TO SOUTH 30 FEET AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the following reliefs:
"Issue a writ in the nature of mandamus directing respondents 3 to 7 to take suitable action against respondents 1 and 2 for putting up construction over their property in violation of the sanction plan obtained by them from BBMP. (produced as Annexure-'K')."
2. The grievance of the petitioner is that respondent Nos.1 and 2 were carrying on construction in violation of the building bye-laws. An inspection was ordered by this Court on 13.10.2023, in furtherance of which an inspection has been carried out and a report has been filed. It is found that the property of the petitioner is more than 60 years old, even though the construction of the petitioner is not in conformity with the bye-laws the construction is 60 old years. As such, I am of the considered opinion that the property of the petitioner may be eligible for the benefit of the Akrama Sakrama Scheme post the judgment of the Hon'ble Apex Court in the said matter.
3. Insofar as respondent Nos.1 and 2 are concerned, it is stated that construction is not in accordance with the sanction plan and there is a violation of setbacks, coverage, and FAR. In furtherance of the said report, a provisional order under Subsection (1) of Section 248 of the BBMP Act, 2020 (for short 'BBMP Act') has been passed on 20.12.2023 and the show cause notice under Subsection (2) of Section 248 of the BBMP Act has been issued on 20.12.2023.
4. Reserving liberty to respondent Nos.1 and 2 to reply to the same and directing the official respondents to consider the said reply in accordance with law, the petition stands disposed of.
