SHANTILAL SUKHARAJ KOTHARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN all these writ petitions, the question for consideration is whether respondents 2 and 3 have power and jurisdiction to levy fine based on the value of the cost of construction, in accordance with the Provisions of the Karnataka Urban Development Authorities Act, 1987 (act No. 34) (for short, "the act" ).

(2.) THE petitioners have made constructions after obtaining the necessary sanctions from respondents 1 and 2. Alleging that there were deviations from the sanctioned plans while making the constructions by the petitioners, the respondents 2 and 3 issued notices proposing to impose fine, being 30% of the costs of such construction area and demanded the petitioners to show cause against such action. The petitioners sent replies to the show-cause notices explaining the variations and requested the respondents to drop the proposed action. The third respondent passed a resolution dated 19-9-1989 in Annexure-C fixing the basis and schedule of fines to be levied. This was intimated to the petitioners by the impugned orders, levying fine by 30% of the costs of the constructed area and the petitioners were required to make payments within seven days of receipt of the orders.

(3.) LEARNED counsel for the petitioners contended that there is no power vested in the 2nd and 3rd respondents to levy fine based on the cost of construction and that the levy is made without jurisdiction and has to be quashed.