IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR WRIT PETITION NO.21390/2019 (LB-BMP) BETWEEN R.A. NAGENDRANATH, S/O LATE R.S. AMARENDRANATH, AGED 62 YEARS, RESIDING AT: FLAT NO.101, SAI RK RESIDENCY, RAMANJANEYA LAYOUT, KODICHIKKANAHALLI, BENGALURU-560068, BANGALURU URBAN DISTRICT. ... PETITIONER (BY SRI C.NAGARAJ, ADV. FOR SMT. ANUPAMA A.S., ADV.) AND 1) BRUHAT BENGALURU MAHANAGARA PALIKE, REPRESENTED BY ITS COMMISSIONER, N.R. SQUARE, HUDSON CIRCLE, BENGALURU-560002, BENGALURU URBAN DISTRICT.
2) THE EXECUTIVE ENGINEER, BRUHAT BENGALURU MAHANAGARA PALIKE, BOMMANAHALLI SUB-DIVISION, BEGUR MAIN ROAD, BENGALURU SOUTH TALUK, BENGALURU-560068. BENGALURU URBAN DISTRICT.
3) ASSISTANT EXECUTIVE ENGINEER, BRUHAT BENGALURU MAHANAGARA PALIKE, BOMMANAHALLI SUB DIVISION, BILEKAHALLI, BENGALURU SOUTH TALUK, BENGALURU-560076 BENGALURU URBAN DISTRICT.
4) THE JOINT COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, BOMMANAHALLI SUB DIVISION, BEGUR MAIN ROAD, BENGALURU SOUTH TALUK, BENGALURU-560068. BENGALURU URBAN DISTRICT.
5) SRI. R. SHARAVANA, S/O LATE RAMASWAMY, NO.38, 3RD CROSS, LG FOOD ROAD, CHOCOLATE FACTORY TAVAREKERE, BENGALURU-560029.
BENGALURU URBAN DISTRICT.
6) THE CHAIRMAN, BENGALURU WATER SUPPLY AND SEWAGE BOARD, 1ST FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BENGALURU-560009 BENGALURU URBAN DISTRICT.
7) MANAGING DIRECTOR, BENGALURU ELECTRICITY SUPPLY COMPANY, CORPORATE OFFICE BESCOM, K.R. CIRCLE, BENGALURU-560001 BENGALURU URBAN DISTRICT.
8) THE SUB-REGISTRAR, OFFICE OF THE SUB-REGISTRAR & REGISTRAR OF MARRIAGES, BEGUR MAIN ROAD, BENGALURU-560068, BENGALURU URBAN DISTRICT.
(BY SRI H.DEVENDRAPPA, ADV. FOR R1-R4, SRI D R ANANDEESWAR, HCGP FOR R8, SMT SUNITHA, ADV. FOR R5, SRI MONESH KUMAR K.B., ADV. FOR R6, SRI RAVINDRA REDDY, ADV. FOR R7.) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-1 TO 4 TO DEMOLISH THE UNAUTHORIZED CONSTRUCTION OF THE MULTISTORIED BUILDING CARRIED OUT BY THE R-5 WITHOUT LEAVING SET BACK TOWARDS THE PETITIONER'S PROPERTY [TOWARDS SOUTHERN SIDE OF THE PETITIONER'S PROPERTY] AND TAKE NECESSARY ACTION AS DESCRIBED IN CONFIRMATION ORDER PASSED BY R-3 DTD:7.3.2019 VIDE ANNEXURE-H AND ENSURE THAT ALL THE CONSTRUCTION ACTIVITIES CARRIED OUT BY R-5 IS IN COMPLIACE WITH THE KARNATAKA MUNICIPAL CORPORATION ACT 1976 AND THE BBMP BUILDING BYELAWS 2003 ETC.
THIS WRIT PETITION COMING ON FOR ‘PRLIMINARY HEARING – B GROUP’ THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned counsel for the respondents-Palike and respondent No.5 and the learned counsel for respondent No.6.
2. The petitioner has set-out certain allegations against the 5th respondent and it is also fairly submitted that the Palike has issued notices invoking the provisions of Section 321(1)(2) and (3) of the Karnataka Municipal Corporations Act (in short ‘the Act). That pursuant to the same, the 5th respondent has approached the Karnataka Appellate Tribunal way by way of an appeal provided under Section 443-A of the Act. In view of the pendency of the appeal and in the light of the admission that the Palike authorities of having initiated action, it would be appropriate that the parties be directed to await the decision in the pending appeal. Hence, keeping in view the nature of allegations made and the further allegation that the 5th respondent has not been deterred by the initiation of proceedings and is continuing with the construction, it is just and necessary that the appellate authority be directed to consider and dispose off the appeal as expeditiously as possible.
3. Hence, writ petition is disposed off with the direction to the Karnataka Appellate Tribunal to hear and dispose off the appeal No.404/2019 as expeditiously as possible at any rate the consideration and disposal shall be within an outer limit of six months from the date of receipt of the certified copy of this order.
No order as to costs.
Chs* CT-HR Sd/- JUDGE