D. RAMESH NAIK Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner is before this Court seeking for the following reliefs:

(2.) The petitioner claims to be the owner of Sy.No.25 - 5A situated in Allape Grama Panchayath, Mangaluru the petitioner claims that due to certain repair work which has been carried out to Strom water drain abutting the property of the petitioner, the petitioner gave up a portion of his land free of cost without requirement of acquisition. However, thereafter there was certain sinking of the building due to the building being close to the Strom water drain requiring the petitioner to take up immediate works to safeguard the property and it is in that background that he could not take any permission or sanction from respondent-Authority.

(3.) The respondent-Authority, on the ground that no plan sanction has been obtained being of the opinion that the construction is without any sanction plan, issued necessary notices calling upon the petitioner to demolish the said property. It is Aggrieved by the same, the petitioner has filed Miscellaneous Appeal in MA No.17/2013 before the III additional District Judge, D.K., Mangaluru which came to be dismissed vide order dtd. 11/12/2018 and it is in that background that the petitioner is before this Court seeking for the aforesaid reliefs.