MADHUBALA Vs. CHIEF COMMISSIONER

JUDGEMENT

(1.) The petitioner is before this Court under Article 226 of the Constitution of India, questioning the correctness or otherwise of the order passed by the respondent-Bruhat Bengaluru Mahanagara Palike (for short "BBMP") under Sec. 248(1) and Sec. 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short "2020 Act") and also appellate order dated Nil in Appeal No.148/2022 by which, the appeal of the petitioner is dismissed and Confirmation Order is confirmed.

(2.) Heard learned counsel Sri.Paras Jain for petitioner and learned counsel Sri.Aravind M.Neglur for respondents. Perused the writ petition papers.

(3.) Learned counsel for the petitioner would submit that the petitioner on obtaining sanctioned plan in terms of Annexure-C dtd. 13/4/2015 proceeded to construct the building over site No.2 of Swathi Main Road, 3rd Cross, Shanthinagar. The respondents-BBMP, issued notice under Sec. 248(1) of 2020 Act, alleging construction without obtaining sanctioned plan. Learned counsel Sri.Paras Jain would submit that the Provisional Order was not served on the petitioner and no opportunity was provided. Without providing any opportunity, the respondent-BBMP proceeded to pass Confirmation Order under Sec. 248(3) of 2020 Act, confirming the Provisional Order and directed the petitioner to remove the unauthorized construction in the site in question. Aggrieved by the same, the petitioner approached the Karnataka Appellate Tribunal (for short "Tribunal") in Appeal No.148/2022 which was also dismissed.