N KUMARI Vs. CITY MUNICIPAL COUNCIL

JUDGEMENT

(1.) The petitioner claiming to be the owner in occupation of an immovable property on Siddalaghatta road, Chintamani, of Chikkaballapur district, asserts that a conservancy lane adjoining her property, since in disuse when acts of nuisance were committed by anti3 social elements, fenced the lane and constructed a shed measuring 38 feet x 7 feet.

(2.) It is the allegation of the petitioner that a rival businessman having lodged a complaint with the Lokayuktha over the illegal construction on the conservancy lane, action was directed to be taken against the petitioner, whence the petitioner is said to have made a representation to the first respondent to allot the conservancy lane at an upset price or at the rate fixed by the Town Municipality, as claimed by similarly circumstanced persons. It is stated that the Registrar of Lokayuktha addressed a letter to the Director of Municipal Administration to take action to pull down illegal construction in the conservancy lane. The City Municipal Council ordered the demolition of the structure.

(3.) Petitioner having filed a writ petition, was directed to approach the Deputy Commissioner under Section - 306 of the Karnataka Municipalities Act, 1964 (for short 'Act'), by order dated 21.07.2005. The Deputy Commissioner by order dated 31.03.2010, confirmed the order of the first respondent and directed demolition of the shed by dismissing the appeal.