IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.24734/2019 (LB-BMP) BETWEEN:
Sohams Bicester Village Block ‘B’ Apartment Owners Association, 2nd Cross, Thimma Reddy Colony, Jeevan Bheema Nagar, Bengaluru-560 075. Represented by its President Neelakanta Rao Kulkarni S/o Sri. Rama Rao Kulkarni, Age 56 years.
…Petitioner (By Sri. Shashidhara H.N, Advocate) AND:
1. Bruhath Bengaluru Mahanagar Palike N R Square, Bengaluru-560 002, Represented by its commissioner.
2. The Joint Commissioner, Bruhath Bengaluru Mahanagar Palike(East), Kaggadasapura Main Road, C V Raman Nagar, Bengaluru-560 093 3. Sri. G. Prasanna Kumar, S/o Late Govindappa, Aged about 40 years, R/at No.101, Block – A, S.B.V. Apartments, Near Sacred Hearts First Grade – Girls College, Jeevan Bheema Nagar, Bengaluru-560 075.
4. Sri. K.A. Ashwath Narayan, S/o. K.V. Anantha Padmnabaiah, Aged about 40 years, Representing M/s Kruthi Constructions, Residing at No.910, 1st Cross, Geethanjali Layout, Thippasandra, Bengaluru-560 075.
5. Sri. G. Ravi Kumar, S/o Late Govindappa, Aged about 54 years, R/at No. 307, Block-A, S.B.V. Apartments, Near Sacred Art, First Grade Girls College, Jeevan Bheema Nagar, Bengaluru-560 075.
...Respondents (By Sri. Ashwin S. Halady, Advocate for R1 & R2) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct to the respondent No.1 and 2 to take action on the complaints of the petitioner Association vide Annexure-F, J, L and remove unauthorized construction on the fourth floor of the schedule property.
This Petition coming on for Orders this day, the Court made the following:
O R D E R The petitioner which is stated to be a Apartment Owners Association has sought for necessary directions to the respondent – BBMP to take action on the complaints of the petitioner at Annexures – F, J and L and to remove the unauthorized construction of the 4th floor of the schedule property.
2. On notice being issued, respondent – BBMP has put in its appearance and has filed statement of objections stating that necessary proceedings have been initiated under the Karnataka Municipal Corporations Act, 1976 and that notice under Section 308 of the Act was issued and a provisional order under Section 321(1) of the Act had been passed which has been confirmed and final order under Section 321(3) of the Act has been passed. It is further submitted that respondent No.3 has challenged the order under Section 321(3) of the Act before the Karnataka Appellate Tribunal in appeal No.810/2019.
3. The learned counsel for the respondent – BBMP further undertakes that they would continue to take action in accordance with law as long as there is no legal impediment to take action, taking note of the order under Section 321(3) of the Act. In light of the said undertaking, no further orders are called for in the present petition and the grievance of the petitioner have been substantially addressed.
4. Though no notice has been served with respect to respondent Nos.3 to 5 as no order prejudicial to the interest is being passed, petition is disposed off without waiting for service of notice.
Accordingly, petition is disposed of as not requiring any further orders.
Sd/- JUDGE NS