LAKSHMI DEVI Vs. TUSHAR GIRINATH

JUDGEMENT

(1.) This contempt complaint is filed complaining willful disobedience of the order dtd. 17/6/2022 passed in W.P.No.15458/2021(LB-BMP) by which considering the claim of complainants (petitioners in the above writ petition) that the respondent No.5 therein namely Smt.Anasuya had constructed house in violation of building byelaws resulting in initiation of proceedings under Sec. 321(3) of the Karnataka Municipal Corporations Act, 1976, which was challenged by respondent No.5 before the Tribunal in Appeal No.1109/2014. That the said appeal was disposed of by the Tribunal vide order dtd. 28/11/2019 remitting the matter back to the respondent No.2 -Assistant Executive Engineer to hold fresh enquiry and to pass appropriate orders in accordance with law after affording reasonable opportunity to the parties within four months. That since no action was taken even after expiry of about three years by the respondent authorities, the complainants/writ petitioners had filed the above writ petition. By order dtd. 17/6/2022, disobedience of which is complained herein, this Court while allowing the writ petition had directed accused persons to conclude the proceedings within a period of three months from the date of receipt of certified copy of the order as directed by the Tribunal in Appeal No.1109/2014. The present complaint is filed alleging disobedience of the said order.

(2.) A compliance affidavit dtd. 30/3/2023 has been filed by accused No.2 along with 26 documents stating that in compliance of the order passed by this Court, proceedings were initiated, spot inspection was conducted in the presence of the relevant parties, mahazar was drawn and the spot inspection report was prepared. That during the spot inspection it was noticed that building was constructed in violation of the sanction plan on the property No.6/3. That a building was constructed on property bearing No.6/2 without any sanction plan. That a provisional order under Sec. 248(1) and show cause notice under Sec. 248(2) of the BBMP Act, 2020 has been issued calling upon the owner to demolish the unauthorised construction. That since there was no compliance notice under Sec. 248(3) was also issued. Since there was no compliance of the same, permission for demolition of the portion of the building constructed in violation of sanction plan was sought and estimation of costs for demolition of the building has also been obtained.

(3.) That in the meanwhile Smt.Anasuya who is the owner of the properties in question has approached this Court by filing a writ petition in W.P.No.4507/2023 and has obtained an interim order of stay of demolition on 28/2/2023. Thus, it is stated that there has been complete compliance of the order dtd. 17/6/2022 passed by this Court. Hence, seeks for dropping of the contempt proceedings.