IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION Nos.52086-52087/2018 C/W WRIT PETITION No.9623/2019 AND WRIT PETITION Nos.11189-11190/2019 (LB-BMP) W.P. Nos.52086-52087/2018 Between:
Sri Ramesh Babu K., S/o Late M. Krishna, Aged about 52 years, Residing at HASB No.746, Municipal Number 18/C, Muniyallappa Garden, Kodihalli, Bengaluru – 560 008. … Petitioner (By Sri R. Satish Chandra & Sri Suresh R., Advocates) And:
1. Kumari Sowmya, D/o S.G. Narayana Reddy, Aged about 23 years, Residing at 747, 2nd Cross, Muniyallappa Garden, Golf View Road, Kodihalli, Bengaluru – 560 008.
2. Smt. S.M. Divya, W/o Sri Kartik Reddy, Age 27 years, Residing at 13, 5th Cross, Chikkatayarapreddy Layout, Rupena Agrahara, Bengaluru – 560 068.
3. Bruhat Bengaluru Mahanagara Palike, Reptd. by its Commissioner, N.R. Square, Bengaluru – 560 002.
4. The Assistant Executive Engineer, Ward No.73 (New Number 113), Ward Name – Konena Agrahara, Jeevan Bheema Nagar Sub-Division, Dommaluru Old Airport Road, BBMP, Bengaluru – 560 017. … Respondents (By Sri S. Srinivasa Murthy, Advocate for R-1 & R-2; Sri Amit Deshpande, Advocate for R-3 & R-4) These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India, praying to direct the respondent Nos.3 and 4 to take necessary action in so far as representation submitted by the petitioner dated 05.08.2018 produced at Annexure-A and etc.
W.P. No.9623/2019 & W.P. Nos.11189-11190/2019 Between:
1. Smt. Divya, W/o Kartik Reddy, Aged about 28 years, Residing at No.13, 5th Cross, Chikkatayarapeddy Layout, Rupena Agrahara, Bengaluru – 560 068.
2. Kumari Sowmya, D/o S.G. Narayana Reddy, Aged about 24 years, Residing at No.13, 5th Cross, Chikkatayarapeddy Layout, Rupena Agrahara, Bengaluru – 560 068 (Amendment carried out vide Court order dated 23.04.2019) … Petitioners (By Sri S. Srinivasa Murthy, Advocate) And:
1. Sri Ramesh Babu K., S/o Late M. Krishna, Aged about 52 years, Residing at HASB No.746, Municipal No.18/C, Muniyallappa Garden, Kodihalli, Bangalore – 560 008.
2. Bruhat Bengaluru Mahanagara Palike, N.R. Square, Bengaluru – 560 002, Represented by its Commissioner, 3. The Assistant Executive Engineer, Ward No.73 (New No.113), Konena Agrahara Ward, Jeevan Bheem Nagar Sub-Division, Dommaluru Old Airport Road, BBMP, Bengaluru – 560 017. … Respondents (By Sri Suresh R. & Sri R. Satish Chandra, Advocates for R-1; Sri Amit Deshpande, Advocate for R-2 & R-3) These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India, praying to direct the respondent Nos.2 and 3 to take necessary action against the respondent No.1 in so far as complaint dated 3.7.2018 vide Annexure-Q submitted by the petitioners and proceed to demolish the building constructed on the Schedule-B property without sanctioned plan and etc.
These Writ Petitions coming on for Orders this day, the Court made the following:
ORDER Both the batches of writ petitions are taken up for consideration together, as the issues raised relate to neighbouring properties.
2. In W.P.Nos.52086-52087/2018, the petitioner claims to be the owner of the property bearing No.H.A.S.B.746, Municipal No.18/C, situate at Muniyallappa Garden, Kodihalli, Bengaluru and has contended that the respondent Nos.1 and 2, who are owners of the property adjacent to that of the petitioner have put up construction and have violated the sanction plan and Bangalore Mahanagara Palike Building Bye- laws while putting up the construction.
3. It is also contended that the petitioner seeking for appropriate relief as regards the alleged encroachment has filed O.S.No.4574/2018, the said suit that is pending before the City Civil Court, Bengaluru. The petitioner states that he had made representations to the respondent Nos.3 and 4, but no action has been taken by the respondent–B.B.M.P. Hence, the petitioner has sought for issuance of an appropriate writ of mandamus directing the respondent – B.B.M.P. to take action after taking note of the representation at Annexure-A dated 05.08.2018.
4. The respondent Nos.1 and 2 have also filed W.P.No.9623/2019 & W.P.Nos.11189-11190/2019. The said respondents claim to be the owners of the property bearing H.A.S.B. Katha No.747, New No.18 situated at Muniyellappa Garden, Kodihalli Village, Bengaluru. The respondent Nos.1 and 2 state that they had obtained licence and sanction plan and have put up construction in terms of the sanction plan. The said respondents state that the petitioner has been interfering with the ingress and egress and use of public road situated in the Eastern side of the property belonging to the respondent Nos.1 and 2. The said respondents in the writ petition filed by them had sought for issuance of a writ of mandamus directing the respondent – B.B.M.P. to take action against the petitioner after taking note of the violations pointed out at Annexure-Q.
5. The learned counsel appearing for the respondent – B.B.M.P. has put in appearance in both the matters and filed statement of objections in W.P.Nos.52086-52087/2018. The respondent–B.B.M.P. states that necessary action would be taken pursuant to the representation made by the petitioner as regards the alleged violation of sanction plan and Bangalore Mahanagara Palike Building Bye-laws as regards the construction being put up by the respondent Nos.1 and 2. Further, it is stated that similar action would be taken after considering the representation of respondent Nos.1 and 2 at Annexure-Q as regards the construction put up by the petitioner.
6. It is however contended by learned counsel appearing for respondent Nos.1 and 2 that insofar as the subject-matter of dispute pending in O.S.No.4574/2018, the same is to be taken note of as regards the allegation of encroachment and the respondent – B.B.M.P. must proceed after taking note of the pending proceedings before the Civil Court.
7. In light of the stand taken by respondent – B.B.M.P., the respondent – B.B.M.P. is directed to carry out spot inspection in the presence of parties. The parties to furnish necessary records including the sanction plan and such other material as may be required for the purpose of considering representations made by the petitioner as well as by the respondent Nos.1 and 2. After obtaining necessary information and pursuant to the findings of spot inspection, the respondent – B.B.M.P. is at liberty to take appropriate action as per law. It is however made clear that the B.B.M.P. to take note of the pending proceedings in O.S.No.4574/2018 and not to record any finding as regards the matters in issue in the original suit.
8. The petitioner and respondent Nos.1 and 2 are to be present before the Commissioner, B.B.M.P. on 15.06.2019 at 3.00 p.m. for the purpose of the spot inspection to be carried out as observed.
9. It is made clear that the respondent– B.B.M.P. is at liberty to take action without waiting for conclusion of civil proceedings insofar as violations regarding sanctioned plan and Bangalore Mahanagara Palike Building Bye-laws are noticed.
10. No order is required to be passed on I.A.No.1/2019, as the petitions itself are disposed of.
Subject to the above observations, the petitions are disposed of.
Sd/- JUDGE VGR