APOORVA N. Vs. RAMKRISHNA GARDENS

JUDGEMENT

(1.) This intra Court appeal is filed by the appellant against the interim orders dtd. 4/6/2021 and 28/7/2021 passed in W.P. No. 9348/2021 by the learned Single Judge.

(2.) Respondent No. 1 claiming to be the Residents Welfare Association and respondent Nos. 2 to 21 herein its residents have filed W.P. No. 9348/2021 challenging the plan sanctioned dtd. 6/10/2020 issued by the Joint Commissioner (West) in favour of the appellant herein for construction of a Hostel Building in Site No. 1, in the layout formed by Prathamesh Apartment Cooperative Housing Society Limited, situate at Ramakrishna Garden, Rajamahal Vilas II Stage, BBMP Ward No. 36, Bengaluru, inter alia seeking a direction to quash the said sanction plan and to direct the Bruhat Bengaluru Mahanagara Palike (BBMP) to demolish the said building.

(3.) The learned Single Judge vide order 4/6/2021, keeping open the issue of maintainability of the writ petition, after hearing both the parties passed an order directing the BBMP to act in terms of Sec. 248(i)(b) of the BBMP Act, 2020 ('Act' for short), by carrying out spot inspection by notifying the rival parties. The appellant herein and the private respondents were directed to be present at the petition premises on 9/6/2021 at 9.00 am. The concerned officials of the BBMP were directed to inspect the construction, prepare a detailed report and to place the same before the Court on 17/6/2021.