IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO.8677 OF 2018 (LB-BMP) PIL BETWEEN:
1. NARAYANASWAMY B., AGED 64 YEARS, S/O. BYRAPPA, R/AT NO.355, RAMASWAMY COLONY, IMMADIHALLI, BENGALURU EAST TALUK, BENGALURU, WHITEFIELD, KARNATAKA-560 066.
2. HARISH KUMAR K., AGED 31 YEARS, S/O. KEMPANNA B.G., R/AT C-99, 3RD CROSS, VINAYAKA NAGAR, DANAMANDE, BENGALURU EAST TALUK, BENGALURU, WHITEFIELD, KARNATAKA-560 066.
3. NAGARAJU M.E., AGED 58 YEARS, S/O. EERAPPA, 140, NEAR PRIMARY HEALTH CENTER, IMMADIHALLI, BENGALURU EAST TALUK, BENGALURU, WHITEFIELD, KARNATAKA-560 066.
4. SUBBAMMA, W/O. DEVANNA S., AGED 50 YEARS, R/AT 174/E, NEAR KARIMARIYAMMA TEMPLE, IMMADIHALLI, WHITE FIELD, BENGALURU EAST TALUK, BENGALURU, WHITEFIELD, KARNATAKA-560 066. ... PETITIONERS (BY SRI. A. KESHAVA BHAT FOR SRI. MOHAN MAIYA G.L., ADVOCATE) AND:
1. BRUHAT BENGALURU MAHANAGARA PALIKE, BBMP HEAD OFFICE, HUDSON CIRCLE, BENGALURU-560 002.
2. BRUHAT BENGALURU MAHANAGARA PALIKE, WHITE FIELD SUB-DIVISION, MAHADEVAPURA ZONE, BENGALURU-560 066.
REP. BY ITS JOINT COMMISSIONER.
3. NANJUNDAPPA, S/O. LATE MUNIYAPPA, IMMADIHALLI VILLAGE AND POST, K.R. PURAM HOBLI, BENGALURU EAST TALUK, BENGALURU-560 066.
... RESPONDENTS (BY SRI. V. SREENIDHI, ADVOCATE FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE FIRST AND SECOND RESPONDENTS TO IMPLEMENT THEIR PROCEEDINGS AT ANNX-A IN THE MATTER OF TAKING POSSESSION OF THE AGREED ROAD MARGIN AREA OF 15.00 MRT & 24.00 MTR TOTAL ROAD WIDENING AREA 1829.72 SQ.MTRS IN SY.NO.2/5 OF HAGADUR VILLAGE, K.R.PURAM HOBLI, BENGALURU EAST TALUK, BENGALURU.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER A memo has been filed by the advocate appearing for the Bruhath Bengaluru Mahanagara Palike placing on record a copy of the order dated 22nd July 2019 under sub-section (3) of Section 321 of the Karnataka Municipal Corporations Act, 1976, issued to the third respondent, indicating the extent of deviation and also directing the third respondent to demolish the deviated portion.
2. The proceeding filed by the third respondent for challenging the said Order will have to be properly contested by the BBMP.
3. As and when the interim order passed by the Tribunal is vacated, the BBMP is under an obligation to immediately take steps of removal of illegal construction on the basis of the order dated 22nd July 2019.
4. With the above direction, the petition is disposed of.
5. If the petitioners find that the BBMP has not implemented the order dated 22nd July 2019 within a reasonable time after the interim order is vacated, the petitioners can always file a fresh petition before the Court.
6. A copy of the interim order passed by the Tribunal shall be furnished by the learned counsel appearing for the BBMP to the advocate on record for the petitioners.
Sd/- CHIEF JUSTICE Snc Sd/- JUDGE