B. MADHUSUDAN RAO Vs. COMMISSIONER

JUDGEMENT

(1.) This is the second round of litigation at the hands of the petitioner. Earlier the petitioner had filed W.P.No.19124/2022 aggrieved of the action taken at the hands of the respondent - BBMP which had issued notice calling upon the petitioner to demolish the construction put up by the petitioner on a Storm Water Drain. This Court by order dtd. 28/9/2022, in a batch of writ petitions bearing W.P.No.18842/2022 and connected matters directed the Tahasildar concerned and the Assistant Director of Land Records to conduct a survey of the building properties after notifying the owners and also concerned authorities. It was further directed that upon conducting survey, if it is found that the constructions are put up by encroaching the Storm Water Drain, the respondent - BBMP shall take appropriate action after issuing notice to the petitioners. It was also directed that till the report is submitted, the respondent - BBMP authorities shall not take any coercive action.

(2.) As directed by this Court, a survey was conducted and thereafter the impugned notice dtd. 23/2/2022 at Annexure-M was issued by the Assistant Executive Engineer, Begur Sub-division, BBMP notifying the petitioner regarding the encroachment on the Storm Water Drain. A survey sketch was also appended to the notice clearly showing that property No.1, belonging to the petitioner as shown in the sketch was fully within the Storm Water Drain in Sy.No.12 of Parappana Agrahara, Begur Hobli, Bangalore South Taluk. The sketch also shows that five (5) other constructions were found to have been put up on the Storm Water Drain.

(3.) During the course of these proceedings, an interim order was passed on 1/3/2023 based on the submissions of the learned counsel for the petitioner that no notice was issued to the petitioner before carrying out the survey and therefore the impugned order was stayed while calling upon the respondents to place necessary documents to show that notice was issued to the petitioner. Thereafter, by another order dtd. 27/3/2023, this Court deemed it necessary to direct the Assistant Director of Land Records to carry out one more survey in the presence of the petitioner. For that purpose, a date and time was fixed by this Court directing the petitioner to be present at the spot while survey was conducted by the ADLR. A report was also directed to be furnished to this Court on the factual inspection of the property in question. Accordingly, a fresh report of the Assistant Director of Land Records along with a sketch showing the existence of the construction put up by the petitioner was furnished to this Court on 5/6/2023. A copy of the same was also served on the learned counsel for the petitioner. Objections have been filed to the report.