RAMAKKA Vs. BANGALORE MAHANAGARA PALIKE

JUDGEMENT

(1.) IN all these writ petitions, facts, the grounds urged and the respondents are common. Therefore, this Court is passing this common order.

(2.) IN all these petitions, petitioners are all the owners of their respective properties and have constructed both residential and non-residential buildings within the limits of Corporation of Bangalore City. It is alleged by the Commissioner of the Corporation of the City of Bangalore that the petitioners have violated the provisions of the Karnataka Municipal Corporations Act, 1976 (in short 'the KMC Act'), building bye-laws particularly clauses 5. 1 and 6. 1. In constructing their respective buildings in contravention of the sanctioned plan, deviated the same and constructed the buildings beyond the limits of regularisation of the unauthorised portions of the buildings in law. Therefore, it is stated that proceedings were initiated against each one of the petitioners by the delegated authorities under Sec. 321 (1) of the Act and passed the provisional orders specifying the portions of the deviations made by each one of the petitioners in their respective buildings. The said orders by the Corporation have been duly served upon the petitioners by issuing notices u/s. 321 (2) of the Act after considering the objection statement of the petitioners, the different competent delegated authorities of the Commissioner have passed confirmation orders in exercise of their power under the provisions of Sec. 321 (3) of the Act specifically mentioning the percentage of deviation of the construction of the buildings by them, which is in contravention of the provisions of the Act, Building Bye-laws, sanctioned plan and the law laid down by the Apex Court and this Court.

(3.) THE petitioners have been called upon by the competent delegated authorities of the Corporation to remove the respective portions of the unauthorised construction of the buildings within the specified time mentioned in the confirmation orders served upon them, otherwise, the Corporation would take necessary steps for removing the unauthorised construction made by the petitioners in their respective buildings as mentioned in the confirmation orders served upon them.