LEENA FERNANDES Vs. PLANNING AUTHORITY MANGALORE

JUDGEMENT

(1.) In these petitions the petitioners seek quashing of the building licences and the sanctioned plan issued to the fourth respondent by the first respondent-Planning Authority and the second respondent-City Corporation. There is also a prayer for a direction to enforce the Zongal Regulations issued under the Outline Development Plan (ODP) and Comprehensive Development Plan (CDP). The further prayer seeks the demolition of the offending structure put up by the fourth respondent The petitioners also have filed I.As. II and III, LA. II for the amendment of the writ petition and to treat LA. Ill as additional statement Petitioners are permitted to seek this additional prayer and these I.As. II and III are read part of these writ petitions The result is that the petitioners seek the quashing of two Government Orders, one dated 8th November, 1984 and another dated 17th October, 1985. As per the earlier order dated 8-11-1984 Government accorded approval for relaxation of the building line from 20 feet to 10 feet regarding the construction proposed to be put up by the fourth respondent By the second order the building line require to be set apart was further reduced to eight and a half feet.

(2.) Petitioners assert that they are the rate-payers and residents of the city ofMangalore. In addition, petitioners 3 to 5 are the tenants carrying on their business in the building belonging to the fourth respondent which is likely to be demolished to enable the new construction under the sanctioned plan in question. Therefore, these petitioners 3 to 5 assert that their livelihood would be affected by the proposed construction.

(3.) The localities where in the building is proposed to be put up is described in the writ petition as follows: