K SOMASHEKAR Vs. BYATARAYANAPURA

JUDGEMENT

(1.) The owner of a residential plot in HMT Layout, Vidyaranyapura, Bangalore, having obtained prior sanction and permission of the then Bangalore Development Authority, put up construction of a residential building some time during the year 1997. It appears that the petitioner's immovable property fell within the territorial jurisdiction of the Byatarayanapura Municipality thence the Municipality on a complaint regarding construction in violation of the building plan, is said to have initiated proceedings followed by the order dated 25-01-2006, Annexure-"H" directing the petitioner to demolish the unauthorised construction failing which the Municipality would take action to do so at the petitioner's cost. Hence, this petition.

(2.) Pursuant to the notification issued under the Karnataka Municipal Corporations Act, 1976, the HMT Layout fell within the territorial jurisdiction of the BBMP, during the pendency of this petition and hence, the BBMP was arraigned as party-Respondents 3 to 5.

(3.) Learned counsel for the respondent - BBMP submits that liberty be reserved to the BBMP, under the Karnataka Municipal Corporations Act, 1976 and rules made thereunder to initiate action for alleged unauthorised construction of the building by the petitioner. In the result, this writ petition is allowed. I The order Annexure-"H" and the notice preceding it is quashed. Liberty is reserved to the BBMP to take action in respect of the building erected by the petitioner if not in conformity with the plan of the building duly sanctioned, strictly in accordance with the Karnataka Municipal Corporations Act, 1964 and rules made thereunder.