N. GAFFAR KHAN Vs. COMMISSIONER

JUDGEMENT

(1.) Learned counsel for the respondent-BBMP has filed a status report dtd. 2/6/2023 sworn by Sri.K.B.Narasimha Murthy, Assistant Executive Engineer, Jayanagara Sub Division, BBMP, Bengaluru, stating that pursuant to the complaint dtd. 21/1/2023 given by the petitioner, the officer has taken note of the complaint, inspected the premises where respondent No.5 is putting up the construction, and having found that respondent No.5 has not secured sanctioned plan before commencing the construction, held that there has been 100% violation of the building by-laws. The officer has issued notice under Ss. 248(1) and 248(2) of the BBMP Act, 2020. The notice was issued on 28/2/2023. Thereafter, another notice under Sec. 248(3) of the Act, was issued on 15/3/2023. It is stated that the respondent-officer has stopped the construction activity undertaken at the hands of respondent No.5. It is also stated that action will be taken against respondent No.5 in pursuance of the notices, and the same will be concluded in accordance with law.

(2.) Having regard to the action taken by the respondent-BBMP on the complaint made by the petitioner, this Court is satisfied that the respondent-BBMP has initiated action in accordance with law.

(3.) Consequently, the writ petition stands disposed of directing respondent No.4-Assistant Executive Engineer, Jayanagara Sub Division, BBMP, Bengaluru to proceed in accordance with law, consequent to the notice issued under Sec. 248(3) of the Act, conclude the proceedings and take action in accordance with law as expeditiously as possible and at any rate within a period of eight weeks from the date of receipt of a copy of this order. Ordered accordingly.