IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2019 PRESENT THE HON’BLE MR.JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R. DEVDAS WRIT APPEAL Nos.2094-2096/2017 (LB-BMP) BETWEEN:
SRI.R.MAHALINGAM AGED ABOUT 74 YEARS S/O LATE RANGASWAMAIAH RESIDING AT NO.162, 1ST CROSS, KSRTC LAYOUT, CHIKKALASANDRA, BENGALURU – 560 061 ... APPELLANT (BY SRI.N G PHADKE, ADV.) AND:
1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE, BENGALURU – 560 002 2. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE UTTARAHALLI SUB DIVISION, BENGALURU SOUTH TALUK UTTARAHALLI MAIN ROAD, SUBRAMANYAPURA POST, OPP. SUBRAMANYAPURA POLICE STATION BENGALURU – 560 061 ... RESPONDENTS (BY SMT.SUMA PATIL, ADV. FOR SRI.S.H.PRASHANTH ADV. FOR R1 & R2) THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 65863-865/2016 DATED 20/2/2017.
THESE WRIT APPEALS COMING ON FOR ADMISSION, THIS DAY, DEVDAS J., DELIVERED THE FOLLOWING:
O R D E R Shri. Vikram Phadke, learned counsel for the appellant draws the attention of this Court to The Bangalore Mahanagara Palike Building Bye-laws, 2003, in particular, to Clauses 9.4 and 9.4.1 of the Bye-laws which provides that for a building up to a height of 9.50 meters, one garage may be permitted in the rear right-hand corner of the plot without right and rear set-backs. The learned counsel submits that this aspect was not brought to the notice of the Karnataka Appellate Tribunal. The learned counsel submits that the appellant has put up garage as is permissible and one floor above the garage which is also permissible according to Clause 9.4 of the Building Bye-laws.
The learned counsel, however, submits that it was the mistake of the appellant that this aspect was not brought before the Karnataka Appellate Tribunal. The learned counsel, therefore, seeks remand of the matter, so that this aspect would be urged before the Tribunal for reconsideration.
In view of the above, the matter is remanded to the Tribunal for fresh consideration. In order to facilitate the Tribunal to pass orders afresh, the order dated 20th February, 2017 passed by the learned Single Judge in Writ Petitions No.65863-65865 of 2016; and the order dated 29th July 2016 passed in Appeal No.628 of 2013 by the Karnataka Appellate Tribunal are hereby set aside and the Appeal is restored to file. The parties are directed to appear before the Tribunal on 02nd July 2019 without waiting for any notice in this regard.
Sd/- JUDGE lnn Sd/- JUDGE