NANDA S.K. Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner has made several complaints to the respondents - BBMP officials to take action against respondents No.8 and 9, who were alleged to have put up a construction without obtaining a sanctioned plan and using the first floor of the premises as a prayer hall. However, the matter went up to the Karnataka Appellate Tribunal and the Tribunal found that the contesting respondents had obtained a sanctioned plan at the hands of the then Gram Panchayat, Vijinapura. Nevertheless, fresh action was taken and provisional order under Sec. 248(1) was issued on 1/7/2022 followed by a show cause notice issued under Sec. 248(2). Thereafter, a confirmation order has also been passed on 18/7/2022.

(2.) During the course of these proceedings, a direction was issued to the concerned Assistant Executive Engineer of the BBMP to inspect the property and furnish a report. The inspection was carried out in the presence of the rival parties and a report has been submitted today at the hands of the learned counsel for the respondents - BBMP. It is clear from the report that the contesting respondents No.8 and 9 have put up construction joining two properties, without obtaining any order in that regard or obtaining any sanctioned plan to put up construction amalgamating the two properties. The learned counsel for the petitioner has also furnished photographs to show that one common building has been put up amalgamating the two properties and first floor is being used as a prayer hall, which is the root cause for all these problems.

(3.) Nevertheless, since an appeal provision is available for the contesting respondents No.8 and 9 to approach the Chief Commissioner, this writ petition stands disposed of permitting the contesting respondents No.8 and 9 to file necessary appeal within a period of 15 days from the date of receipt of copy of this order. If such an appeal is filed, the Chief Commissioner shall afford an opportunity of hearing to the contesting respondents herein and thereafter proceed to pass orders and take the proceedings to its logical conclusions. If no appeal is filed, the concerned officer may proceed in accordance with law. Ordered accordingly.