J. S. SOMASHEKARA Vs. BRUHATH BENGALURU MAHANAGARA PALIKE

JUDGEMENT

(1.) The petitioners are before this Court under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to put up construction in Site No.1320, 11th Main, Judicial Layout, GKVK Post, Bengaluru, strictly in accordance with the sanctioned plan and building bye-law of BBMP; and also for a writ of mandamus directing the respondents 1 to 6 to enquire into the matter and direct the respondents 8 and 9 to modify and alter the construction in the schedule site strictly in accordance with the sanctioned plan and building bye-law of BBMP.

(2.) Heard Sri Deepak Wagle, learned counsel for Sri Keshava Bhat, learned counsel for the 1st petitioner, Sri K. Chandranath Ariga, learned counsel for petitioners 2 and 3, Sri Pawan Kumar, learned counsel for Sri H. Devendrappa, learned counsel for respondents 1 to 6. Sri P.M. Gopi for Sri P.M. Siddamallappa, learned counsel for respondents 8 and 9. Respondent No.7 though served is unrepresented. Perused the writ petition papers.

(3.) Sri K. Chandranath Ariga, learned counsel for the petitioners 2 and 3, would submit that respondents 8 and 9 constructed building in the schedule property in total violation of sanctioned plan and building bye-laws of BBMP. It is also submitted that Annexure-R6 produced along with statement of objections of BBMP would indicate that respondents 8 and 9 admitted that the construction is in violation of the sanctioned plan and they submitted that they have already demolished portion of un-authorized construction.