IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.20811/2019 (LB-BMP) BETWEEN:
Sri.P.A.Panduranga, S/o late Pathi Adinarayanaiah, Aged about 85 years, No.149/18, 1st main road, 1st Block, Jayanagar, Bengaluru – 560011.
(By Sri.Vikram Unni Rajagopal, Advocate) AND:
1. State of Karnataka, Department of Urban Development, Vidhana Soudha, Bengaluru – 560001.
Represented by its Principal Secretary.
2. Bruhat Bengaluru Mahanagara Palike, N.R.Square, Bengaluru – 560002.
Represented by its Commissioner.
3. Additional Commissioner (South). Commercial Complex, 2nd Block, 9th Cross, Jayanagar, BBMP, Bengaluru – 560011.
…Petitioner 4. The Assistant Executive Engineer, BBMP, Jayannagar Ward, Bengaluru – 560011.
5. Sri.R.Gunasekar, S/o Ramaswamy Chettiar, Aged about 55 years, Residing at No.17/1, 1st main road, 1st Block, Jayanagar, Bengaluru – 560011.
6. Sri.R.Kannan, S/o Ramaswamy Chettiar, Aged about 48 years, Residing at No.17/1,1st main road, 1st Block, Jayanagar, Bengaluru – 560011.
...Respondents (By Smt.Prathima Honnapura, AGA for R1 Sri.H.Devendrappa, Advocate for R2 to 4 Sri.Murthy Dayanand Naik, Advocate for R5 & R6) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct R2 to R4 to consider the petitioner’s representation vide Annx- E, E1 and E2 and take appropriate action in accordance with law within one week.
This Petition coming on for Orders this day, the Court made the following:
O R D E R The petitioner had filed a writ seeking for direction to the respondent Nos. 2 to 4 to consider the petitioner’s representation at Annexure-E, E1 and E2 and to take necessary action. It is averred that the respondent Nos.5 and 6 whose property is adjacent to the petitioner’s property has carried on construction in violation of plan and applicable laws. After notice, learned counsel for respondent Nos.5 and 6 has appeared and filed a memo which reads as under:
Memo filed on behalf of the Respondent Nos.5 and 6 “The above named Respondents undertake that they would demolish the construction on the topmost floor of the building which is the subject matter of this writ petition, and hence crave leave of this Hon’ble Court to grant them time of 3 months to undertake the said demolition.
The present memo may be taken on record.”
2. Meanwhile the respondent – BBMP has filed an affidavit of the Assistant Executive Engineer stating that necessary steps are taken for demolition in exercise of power under Section 462 of the Act.
3. It is however noticed that in view of the undertaking of the respondent Nos.5 and 6, the respondent – BBMP to take note of the undertaking and the time within which respondent Nos.5 and 6 have undertaken to remove the illegal construction, and in the event of removal of the illegal construction is not completed within the time as indicated in the undertaking respondent – BBMP would take necessary steps. It is made clear that as the memo is in the nature of an undertaking, any lapse in adherence to the undertaking would be construed to be an act of disobedience of the undertaking given which now forms a part of order of this Court. Such breach of undertaking would expose the respondent Nos. 5 and 6 to action for contempt.
4. Accordingly, petition is disposed of while accepting the undertaking of the respondent Nos.5 and 6 to be sufficient to address the grievance as made out by the petitioner.
5. It is however made clear that the undertaking herein pertains to the construction above the 2nd floor. Nothing observed herein ought to prejudice the rights of the respondent Nos.5 and 6 as regards the pending proceedings before the Karnataka Appellate Tribunal, relating to the remaining construction of the petitioner.
Accordingly, the petition is disposed off, subject to the above observation.
Sd/- JUDGE NS