1/4 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER 2017 BEFORE THE HON'BLE Dr. JUSTICE VINEET KOTHARI WRIT PETITION Nos.37627-37628/2017 (LB-BMP) Between:
1. Nitin Seshadri, S/o. S.T. Seshadri, Aged about 49 years, Residing at 760, 8th Main Road, Koramangala 3rd Block, Bengaluru – 560 034.
2. Vishwanath Kashyap, S/o. C.K. Ramnath, Aged about 53 years, Residing at 432, 2nd Cross Road, Koramangala 3rd Block, Bengaluru – 560 034.
(By:Mr.Udaya Holla, Senior Counsel for Mr.Sanjanthi Sajan Poovayya, Advocate) And:
1. The Commissioner, Bruhat Bengaluru Mahanagara Palike, NR Square, Bengaluru – 560 002.
…Petitioners 2. The Assistant Director of Town Planning (South), Bruhat Bengaluru Mahanagara Palike, Jayanagar, Bengaluru – 560 011.
3. Executive Engineer, Bruhat Bengaluru Mahanagara Palike, Audgodi, Bengaluru – 560 030.
4. Dr. Mirza Sajjad Hussian, Aged about 66 years, Son of Late. Mirza Hyder.
‘ 5. Mrs. Shahin Shahidi, Aged about 63 years, Wife of Dr. Mirza Sajjad Hussain.
Respondent Nos.4 and 5 are residing at Flat No.3, “R.P. Land Mark” No.14/602, 9th Cross, 3rd Main Road, Sadhashivanagar, Bengaluru – 560 080.
6. V.R. Facilities Management Services (Bangalore) Private Limited, A Company incorporated Under the provisions of The Companies Act, 1956, Having its registered office at # 32, CSRIE, Grape Garden, 17 ‘H’ Main, 6th Block, Koramangala, Bengaluru – 560 095.
Represented by its Director. …Respondents (By:Mr.Sreenidhi V, Adv. for R1 to R3; Mr.B.N.Jayadeva, Adv. for R4 & R5; Mr. S.V. Giridhar, Adv. for R6) These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying quash the plan dated 08.06.2017 sanctioned by Respondent 2 vide Annexure – B and to direct Respondent 1 to take steps for demolition of the construction undertaken by Respondent 6 on the property in furtherance to quashing of the plan etc.
These writ petitions coming on for orders this day, the court made the following:-
ORDER Mr. Udaya Holla, Senior counsel for Petitioner; Mr.Sreenidhi V, Adv. for R1 to R3; Mr.B.N.Jayadeva, Adv. for R4 & R5;
Mr. S.V. Giridhar, Adv. for R6 During the course of the arguments, it transpires that the respondent – BBMP has now taken action against the private respondent 4 - Dr. Mirza Sajjad Hussian and respondents 5 – Mrs.Shahin Shahidi, owners of the land and Builders, whose construction was objectionable to the petitioners and they filed the complaint before the respondent - BBMP and also the present petition seeking the cancellation of the sanction plan itself in favour of respondent Nos. 4 and 5. The Respondent No.6- V.R.Facilities Management Services (Bangalore) Private Limited has taken the said property on lease.
2. Since the respondent - BBMP has now initiated legal action against respondents 4 and 5, the complaint made by the petitioners can be taken to its logical end by the authorities of the BBMP. The concerned parties, i.e., the petitioners /complainants and respondents 4 and 5 and the lessee-Respondent No.6 can raise their respective contentions and objections before the concerned authorities of the respondent – BBMP, namely, the Executive Engineer, Koramangala Sub Division, Bengaluru under Section 321(2) of the KMC Act and the said authority is expected to pass speaking orders in accordance with law.
With these observations, the Writ Petitions are disposed of. No costs.
Sd/- JUDGE RS/* Ct:VBS (Sl.No.24- List No.1)