B S SHIVARAM S/O B P SIDDARAMAIAH AND ORS Vs. COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE; ASSISTANT EXECUTIVE ENGINEER, PADHMANABHANAGAR DIVISION AND ORS

JUDGEMENT

(1.) In WP No 47356 of 2012

(2.) In the wake of such violations, respondent-Bruhut Bangalore Mahanagara Palike [BBMP] Authorities had taken action for demolition of the unauthorized structure invoking the provisions of Section 321 of the Karnataka Municipal Corporations Act, 1976 [for short, the Act]. An appeal against this order for demolition having been dismissed, a writ petition was preferred to this court in WP No 3260 of 2009 and this writ petition has also come to be dismissed as per the order dated 3-3-2009 and the interim order granted earlier on 5-2-2009 was, nevertheless, extended up to the period of limitation to prefer appeal against the order etc. A further appeal in WA No 1652 of 2009, challenging the order passed by the learned Single Judge in the writ petition, was admitted for the limited purpose in terms of the following order dated 26-5-2009:

(3.) In the meanwhile, petitioner made a representation dated 5-9-2012 to the commissioner, BBMP, seeking for regularization of the construction in the premises in question, as it was claimed that the location had been declared as a commercial area, subject to levy of proper fee, penalty and other charges etc. Petitioner also stated that he has no objection the building is assessed as commercial structure and at commercial rate.