T.VIJAYKUMAR Vs. BRUHAT BENGALURU

JUDGEMENT

(1.) The petitioner, who claims to be the owner of immoveable property bearing No.43, carved out of Sy.No.123/3, (Old No.122) of Kundalahalli Village, Nallurhalli Gram Panchayath, which is now within the jurisdiction of the respondent - Bruhat Bengaluru Mahanagara Palike (for short 'BBMP'), is aggrieved of action taken by the authorities in terms of the provisions contained in Sec. 321 of the Karnataka Municipal Corporation Act, 1976 (for short 'Act).

(2.) On a complaint said to have been given by one Smt. P.Mallamma to the Lokayuktha stating that although it was brought to the notice of the officials of the BBMP that the petitioner is putting up construction without obtaining a sanction plan or a building license, no action was taken, directions were said to have been given by the Lokayuktha officials. Consequently, notices were issued to the petitioner calling upon him to show cause why action should not be taken for removing the unauthorised construction in terms of the provisions contained in Sec. 321 of the Act. The notice was issued on 24/12/2014. One more notice was issued on 2/1/2015 referring to another notice dtd. 10/12/2014. A provisional order was issued on 25/12/2014 and thereafter the confirmation order dtd. 9/1/2015 was issued under Sec. 321(3) of the Act. Being aggrieved, the petitioner approached the Karnataka Appellate Tribunal in Appeal No.77/2015. The appeal was dismissed by order dtd. 29/7/2016. Consequently, this writ petition is filed.

(3.) Learned Senior Counsel Sri M.R.Rajagopal, appearing for the petitioner submits that it is evident from the material available on record and a stand was taken by the petitioner before the Tribunal that no opportunity of hearing was given to the petitioner before the provisional order was issued or while issuing a confirmation order. It is the contention of the petitioner that he never undertook a fresh construction, he had only undertaken repairs of the existing building and therefore there was no need for the respondent authorities to take action under the provisions of Sec. 321 of the Act.