REMCO BHEL HOUSE BUILDING Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitioner Society has approached this Court under Section 482 Cr.P.C., seeking an Order to quash the entire proceedings in C.C. No.13402/2007 on the file of the Addl. Chief Metropolitan Magistrate, Bangalore.

(2.) THE facts reveal that the petitioner Society owns the land bearing Sy. Nos.3/1B, 6, 19/1-6, 14/1, 18/1, 5/1A, 1B and 54 of Pattanagere and other survey numbers of Kenchenahalli village, Kengeri Hobli, Bangalore South Taluk. The Society formed a layout without a sanction from the respondent i.e., Bangalore Development Authority. It is under these circumstances that the respondent issued several notices to the petitioner under Section 17(4) of the Karnataka Town and Country Planning Act, 1961 [hereinafter called as "the Act" for short] calling upon the petitioner to discontinue the developmental work as no necessary permission was obtained. A show-cause notice was also issued calling upon the petitioner to appear in the meeting to be held by the respondent on 09.11.2005, but no satisfactory explanation was offered. Therefore, the respondent alleging contravention of the provisions of the Act and forming of a layout without obtaining sanction of the layout plan as required under Section 17 of the Act said to have committed an offence punishable under Sections 73 r/w. 76-C of the Act. Therefore, it filed a private complaint against the petitioner under Section 200 Cr.P.C., requesting to take cognizance for the offence punishable under Sections 73 r/w. 76-C of the Act and deal with the case in accordance with law. The Court below has taken cognizance on the complaint filed by the respondent and the petitioner aggrieved by the Order of taking cognizance and issuing process, has approached this Court to quash the proceedings.

(3.) IN the context of the submissions made by learned counsel for the parties, it is relevant to refer Clause 73(c) and (e) of the Act and they are extracted hereunder for the sake of convenience: