T S NARASAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, who is the owner of the property in Madhavanagar, Bangalore, applied on 19-9-1983 to the Corporation of the City of Bangalore seeking sanction of the plan submitted by her for the purpose of constructing a drawing room by the side of her existing residential building. The Corporation did not sanction the plan or reject the plan within the statutory period of 30 days. After the period expired, the petitioner represented to the Chairman, Standing Committee of the Corporation in accordance with Section 302 of the Karnataka Municipal Corporations Act, 1976 (hereinafter referred to as 'the Act'). The Standing Committee also did not take any action within the statutory period of 30 days. No orders were passed cither by the Corporation or by the Standing Committee on the application made by the petitioner. By letter dated 4-2-1984, the petitioner informed respondent-2 that she has taken up construction in accordance with the plan submitted by her to the Corporation and also requested for issue of the sanctioned plan. By the end of February, 1984, the petitioner completed the construction in accordance with the plan which she has submitted to the Corporation.

(2.) Tu the surprise of the petitioner, on 1-3-1984, respondent-3 issued a provisional order alleging that the petitioner had unauthorisedly constructed the house and further directed the petitioner to demolish the construction by a show cause notice. The petitioner replied on 5-3-1984 explaining her position. She asserted that she has not contravened any of the provisions of the Act.

(3.) By an order dated 9-3-1984 passed under Section 321(3) of the Act, respondcnt-3 confirmed the provisional order dated 1-3-1984. By the final order of the same date, respondcnt-3 directed the petitionei to comply with the order of demolition within 3 days from the date of receipt of the order of confirmation. Thereafter, the petitioner preferred an appeal before the Standing Commiticc of the Corporation; but it is slated that, even to this day, no action or decision has been taken by the Standing Committee.