ELIZABETH RANI Vs. COMMISSIONER

JUDGEMENT

(1.) The captioned Writ Petition is filed by the petitioner seeking a Writ of Mandamus to direct the respondent Nos. 1 and 2 to demolish the portion of a building constructed by respondent No.3 on Schedule 'B' property in violation of provisions of Karnataka Municipal Corporation Act, 1976, Rules and the Byelaws made thereunder.

(2.) The case of the petitioner is that she is the absolute owner of the residential house building bearing No.358, assessment extract No.1049, carved out of converted Sy. No.114 vide conversion order No.B.DIS.ALN.SR(E)/92/2002-03, dated 18.11.2002. The petitioner has contended at paragraph No.4 of the Writ Petition that her vendor obtained Sanction Plan on 04.10.2010 for the purpose of construction of residential house and accordingly has constructed a residential house/building consisting of ground, first floor and second floor strictly in terms of Sanction Plan. The petitioner has purchased the aforesaid residential site vide registered sale deed dated 21.11.2012.

(3.) The case of the petitioner before this Court is that there is a vacant site situated on the Eastern side of the Schedule 'A' property. The third respondent under Registered sale deed dated 06.12.2018 has purchased vacant site situated on the Eastern side of the Schedule 'A' property.