SUSHELAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court seeking for the following reliefs:

(2.) The grievance of the petitioners was that without causing the measurements of the alleged deviation in the presence of the petitioners, notice under Sec. 248 (1) and (2) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short 'BBMP Act') had been issued and confirmation order under Sec. 248 (3) of BBMP Act was passed. An appeal under Sec. 253 of BBMP Act filed by the petitioner has been dismissed. The aspect of whether the measurements were conducted in the presence of the petitioners has not been dealt with by the Chief Commissioner in its order. In view of the said submission, this Court, vide its order dtd. 21/7/2023, directed the BBMP to conduct an inspection and measure the property in the presence of the petitioners, which is now been conducted and a compliance report dtd. 3/8/2023 has been filed.

(3.) In terms of the compliance report, there is a violation of 72.05% each on the stilt, ground, first and second floors and 100% on the terrace floor since there is plan sanction granted in relation thereto. The said measurements have been conducted in the presence of the petitioners and the petitioners, therefore, cannot have any grievance as regards the measurements and report submitted.