M/S. SHERIEF CONSTRUCTIONS Vs. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, THE BRUHAT BANGALORE MAHANAGARA PALIKE, ASSISTANT EXECUTIVE ENGINEER AND THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) SRI . K. Krishna, learned counsel is permitted to file vakalath for respondent No. 4 in four weeks. On the last date of hearing, learned senior counsel appearing on behalf of the petitioner had indicated to this Court that necessary sanctions/permissions and approvals, as also compliance made to the Bangalore Development Authority would be placed on record to indicate that the said requirement would be sufficient for the Bruhat Bangalore Mahanagara Palike ('BBMP' for short) to act upon even if the property presently falls within the jurisdiction of the BBMP.

(2.) WHEN the matter is taken up today for consideration, the learned senior counsel would point out that the documents which are available in Court are bulky and the same requires to be filed appropriately.

(3.) IN that view of the matter, the learned counsel for the parties agree that this examination could be made at the level of the Commissioner of BBMP through his Delegated Officer if the documents are presented accordingly. Therefore, I am of the opinion that the factual aspect of the matter need not be adjudicated at this juncture since prima facie satisfaction is to be recorded by the Commissioner of the BBMP. To that extent, the learned counsel for the BBMP on instructions would submit that till the documents are examined and the result of such examination is communicated to the petitioner, the matter would not be precipitated. Therefore, keeping these aspects in view, being of the opinion that the grounds urged in the instant petitions need not be adverted to at this juncture, the petitioner is now permitted to appear before the Commissioner, BBMP, on 15.02.2013 at 3 p.m. The Commissioner shall thereafter take steps to verify the said documents and correspond with the petitioner if necessary for any other further documents to be produced. Subsequent thereto, the Commissioner shall conclude the proceedings as expeditiously as possible and intimate the petitioner about the result of such consideration. Until the same is done, the respondents will not precipitate the matter any further. On examination of these aspects of the matter, if the petitioner has any further grievance, they would have the liberty of seeking legal redress at that stage and all contentions including the jurisdiction of BBMP as raised presently would remain open for consideration.