IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION Nos.56645-56646/2018 (LB-RES) Between:
1. Smt. Anthony Meri, D/o Late Lukas, W/o Somu S., Aged about 53 years.
2. Smt. Philominamma, D/o Late Chikkarayappa, W/o Late Arogyaswamy, Aged about 80 years.
Both are R/a No.31/2, 1st Cross, Doddabasavanapura Village, Church Street, Virgonagar Post, Bengaluru – 560 049 Represented by their GPA Holder Arul Kumar S., S/o S. Somu, Aged about 30 years, R/a No.32, 1st Cross, Doddabasavanapura Village, Church Street, Virgonagar Post, Bengaluru – 560 049.
(By Sri Vikas M., Advocate) And:
… Petitioners 1. The Commissioner, Bruhat Bengaluru Mahanagar Palike, N.R. Circle, Bengaluru – 560 002.
2. Assistant Executive Engineer, K.R. Pura Sub-Division, Bruhat Bengaluru Mahanagar Palike, N.R. Circle, Bengaluru – 560 002.
3. Tahsildar, Bengaluru East Taluk, Krishnarajapura, Bengaluru.
4. Circle Inspector, K.R. Puram Police Station, Krishnarajapura – 560 049.
5. Deputy Commissioner, Office of the Deputy Commissioner, K.G. Road, Bengaluru – 560 009.
6. M/s. Sai Ram Builders and Developers, By Sri Ravi Kumar, Nanjappa, Muniraju, Bathish, Situated at Sy. No.16/11, Doddabasavanapura Village, K.R. Puram, Bengaluru – 560 049.
7. Vijayaraj H., S/o Late H. Parasmal, Aged about 60 years.
8. Nemichand H., S/o Late Hasthimal, Aged about 75 years.
9. Premaraj H., S/o Late Hasthimal, Aged about 70 years, Respondent Nos.7 to 9, are R/a No.41, 5th Cross, 8th Main Krishnarajapura, Bengaluru East Taluk – 560 049.
… Respondents (By Sri T.M. Venkatareddy, Advocate for R-1; Sri M.A. Subramani, HCGP for R-2 to R-5;
Sri S. Shaker Shetty, Advocate for R-6 to R-8) ***** These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India, praying to direct the respondent No.2 to implement the impugned order dated 05.12.2018 vide Annexure-A passed by the respondent No.2 and etc.
These Writ Petitions coming on for Orders this day, the Court made the following:
ORDER The petitioners have sought for a direction to the respondent No.2 to implement the order at Annexure-A dated 05.12.2018 passed by the respondent No.2 under Section 321(3) of the Karnataka Municipal Corporations Act, 1976 (‘the Act’ for brevity) whereby, the respondent Nos.6 to 9 were directed to carry out alterations as to remove the illegal construction.
2. Sri T.M.Venkatareddy, the learned counsel appearing for respondent–Bruhat Bengaluru Mahanagara Palike (BBMP) has filed the Counter Affidavit of Assistant Executive Engineer, K.R.Puram Sub-Division, K.R.Puram, Bengaluru, wherein para-5 of the affidavit reads as follows:-
“5. It is submitted that, this Respondents have already taken steps against the Respondents 6 to 9 regarding unauthorized constructions on the schedule land in question, initially by issuing notice u/s 300/308 of KMC Act, 1976 on:10/10/2018. Thereafter the Respondents issued notices u/s 321 (1) and 321(2) of KMC Act on:20/11/2018 to the Respondent No.6. In view of not replying to the said notices this Respondents also passed confirmation order on:05/12/2018 u/s 321(3) of KMC Act, and for stopping the constructions, this Respondents also lodged complaint on:22/12/2018 before the jurisdictional K.R.Puram police, Bengaluru. This Respondents are to taking steps to pass orders u/s 462 of KMC Act. Hence the other allegations are strict- proof of the same.”
3. In view of the undertaking by respondent Authority that they would take steps to pass an order under Section 462 of the Act, substantial grievance of the petitioners have been addressed. However, in light of the contents of affidavit filed on behalf of respondent BBMP while disposing of the petition, it is appropriate to further direct that appropriate proceedings are required to be initiated strictly in accordance with Section 462(1) of the Act and consequently the proceedings under Section 462(2) of the Act and liberty is reserved for initiating proceedings thereafter under Section 462(3) of the Act in accordance with law. The proceedings under Section 462(1) of the Act to be commenced within a period not later than 45 days from the date of release of the order.
These petitions are accordingly disposed of, subject to the above observations.
Sd/- JUDGE VGR