BRUHAT BANGALORE MAHANAGARA PALIKE Vs. U. DHANNGAYA NAIDU

JUDGEMENT

(1.) This intra court appeal has been filed against an order dtd. 23/6/2017 passed by Learned Single Judge by which writ petition filed by respondent has been allowed with a costs of Rs.5,000.00. In order to appreciate the grievance of the appellant, relevant facts need mention, which are stated infra.

(2.) The appellant is a statutory body constituted under Sec. 4 of the Bruhat Bangalore Mahanagara Palike Act. The appellant received a complaint from public in general with regard to illegal activity which was been carried out by respondent at property bearing No.35 of Ektamadu Village, Bangalore South Taluk by bifurcating a plot into 20 x 40 feet. The appellant on enquiry, learnt that the respondent is carrying out the construction without obtaining any plan, licence or permission from BBMP. The appellant on 28/6/2012, asked the respondent to produce the sanction plan and sketch. However, the respondent failed to produce the requisite documents.

(3.) Thereafter, the respondent was asked to stop the construction. Though the respondent stopped the construction initially for sometime. However, he again started illegal construction. The appellant thereupon issued a notice under Sec. 321 of Karnataka Municipal Corporations Act, 1976 (hereinafter referred to as 'the Act' for short). The respondent submitted a reply on 18/10/2012. Thereafter, the appellant passed an order on 6/11/2012 under Sec. 321(3) of the Act.