MUNIMASTHAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is listed for preliminary hearing after notice to the respondents. Sri R.S. Hegde, learned counsel for Bangalore Development Authority produced certain documents. The petition was therefore taken up for final disposal with the consent of the learned counsel appearing on both sides.

(2.) This petition was presented for a writ of mandamus directing the respondents 2 and 3 to consider the claim of the petitioner for regularisation of unauthorised construction made in site No. 49 of Survey No. l of Jarakabande Kaval Village now called BDA No. 643, 4th Block, Nandini layout and for a further direction to the second respondent not to dis-possess him of the property in question until his application for regularisation is disposed of by the screening committee.

(3.) The regularisation of unauthorised construction in the urban areas is governed by the provisions of the Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991, (for short 'the Act'). The said Act provides for regularisation of certain unauthorised constructions in the urban areas, under which a screening committee would be constituted to scrutinise the applications for regularisation of unauthorised constructions in the urban areas, to hold an enquiry in accordance with such rules as may be prescribed and order the regularisation of the unauthorised constructions subject to payment being made according to the provisions contained in the Act.