LAWS(KAR)-2023-6-1058

JOGA SINGH PUROHIT Vs. COMMISSIONER

Decided On June 09, 2023
Joga Singh Purohit Appellant
V/S
COMMISSIONER Respondents

JUDGEMENT

(1.) Learned Counsel for respondents No.4 and 5 has filed a Memorandum of Understanding dtd. 9/6/2023, which is also signed by respondent No.4-Sri.Dinesh Motwala.

(2.) Learned Counsel for respondents No.4 and 5 submits that the said respondents are undertaking to pull down/demolish the deviated portions in terms of the findings given by respondent No.2-Assistant Executive Engineer, Chamarajapet Sub-Division, Bengaluru Mahanagara Palike, Bengaluru.

(3.) On the other hand, learned Counsel for the respondent-BBMP submits that during the course of these proceedings, since it was submitted by the contesting respondents that petitioner too has put up unauthorized construction and deviated from the sanctioned plan, this Court had directed the Assistant Executive Engineer to inspect and submit a report regarding the extent of deviation made by the petitioner. Accordingly, a report of the Assistant Executive Engineer was filed at the hands of the respondent-BBMP. As per the report, the petitioner has put up one additional floor in contravention of the sanctioned plan and apart from the construction of one additional floor the petitioner has also deviated insofar as setbacks are concerned.