THE HIGH COURT OF KARNATAKA
D K Singh, T.M.Nadaf, JJ
Bruhat Bengaluru Mahanagara Palike – Appellant
Versus
Avenue Supermarts Ltd. – Respondent
| Table of Content |
|---|
| 1. procedural background and factual allegations of land encroachment. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. court observed that encroachement determination needs proper process. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 3. directions issued to conduct fair hearing and inspection. (Para 13) |
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO i) CALL FOR THE RECORDS; ii) SET ASIDE THE ORDER DATED 23.11.2023 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.No.21441/2022 ETC.
THESE APPEALS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
These special inter-Court of Appeals have been filed impugning the common judgment and order passed on 23.11.2023 by this Court in W.P.Nos.3728/2022, 21441/2022 and 20383/2023.
2. The petitioner has applied the building plans for approval for construction of the commercial complex under the brand name ‘D-Mart’. The petitioner claims to be the owner of land in Sy.No.20 and 8 of Ammani Byrathi Khane Village, K.R.Puram Hobli, Bangalore East Taluk having purchased the same from the
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