LAWS(KAR)-2011-3-411

M. SHIVASHANKARAN S/O A. MANIKAYAM Vs. THE COMMISSIONER CORPORATION OF CITY OF BANGALORE, THE ASSISTANT EXECUTIVE ENGINEER BHARATHINAGARA SUB-DVN., GULNAAR MIRZA W/O TANVEER KHAN AND YASMIN MIRZA D/O LATE A.V. MIRZA

Decided On March 15, 2011
M. Shivashankaran S/O A. Manikayam Appellant
V/S
Commissioner Corporation Of City Of Bangalore, The Assistant Executive Engineer Bharathinagara Sub -Dvn., Gulnaar Mirza W/O Tanveer Khan And Yasmin Mirza D/O Late A.V. Mirza Respondents

JUDGEMENT

(1.) IN this writ petition, Petitioner has challenged the order dated 5.10.2010 in Appeal No. 933 of 2008 which is produced at Annexure -E.

(2.) IT is the case of the Petitioner that he had obtained sanctioned plan from Respondent No. 2 -Bruhat Bangalore Mahanagara Palike and had commenced construction on his property and after completion of the construction of the super structure, notices were issued by the Respondent -authority under Sections 321[1] and 321[2] of the Karnataka. Municipal Corporations Act, 1976 [hereinafter referred to as 'the Act.'] and thereafter orders were passed under Section 321[3] of the Act. Being aggrieved by the said orders, Petitioner filed the appeal in Appeal No. 933 of 2008 before the Karnataka Appellate Tribunal [hereinafter referred to as 'the Tribunal'] challenging the confirmatory order passed under Section 321(3) of the Act.

(3.) I have heard learned Counsel for the Petitioner.