HULIGAPPA Vs. RAJASHEKHAR

JUDGEMENT

(1.) This writ petition instituted by the petitioners is directed against the issuance of licence and permission by the Municipality on 14-6-1977 in favour of respondent No. 1 to construct a building for the use of his dispensary and nursing home.

(2.) It appears that these writ petitioners are tenants in the existing building which will have to be demolished and, reconstructed according to the plan submitted and the licence issued by the Municipality. It is, therefore, the case of the; writ petitioners that before issuing licence they should have been given an, opportunity by the Municipality to submit their say. 'The next point that is made out in the writ petition is that the Municipality before issuing licence has, "not taken prior consent of the Town Planning Authority and the Highway Authority. These are the points that, are raised for my consideration in this writ petition.

(3.) I would first advert to the second' point. It is seen that in the year 1977 there was no Town Planning Authority at all. Hence, there was no occasion to take prior consent of the Town Planning Authority. But, subsequently, however, the licence issued in the year 1977 has been renewed from year to year. Therefore, when the first respondent approached the Muncipal Council to give him permission to alter the plan slightly and to renew the licence, the Town Municipal Council directed him to obtain prior permission of the Town Planning Authority which came into existence by then and it is seen as per Ext-K-10, he has now obtained the approval qf the Town Planning Authority to put up the proposed construction. Similarly, he has obtained no objection certificate from the High Way Authority as per Ext. R. 8. Therefore, the second point raised by the writ petitioner would not be available now. The only point that survives for my consideration is whether it was necessary to the Town Municipal Council to give opportunity to the tenants occupying the building while giving the licence for reconstruction. The relevant provision in the Karnataka Municipalities Act is contained in S. 187 of the Karna,taka 'Municipalities Act, 1964 (hereinafter referred to as the Act). Section 187(3) (d) reads: