KAVITA PODWAL Vs. THE BBMP AND ORS.

JUDGEMENT

(1.) This Interlocutory Application No. 2 of 2016 is filed by the writ petitioner-appellant, under Section 151 of the Code of Civil Procedure, 1908, inter alia, praying for a direction against the Bruhat Bengaluru Mahanagara Palike ('BBMP' for short) to restore applicant's dwelling house, allegedly demolished by the BBMP, or in the alternative to pay the cost of restoration. Heard Shrimati Kavita Podwal, applicant-party-in-person and Sri D.N. Nanjunda Reddy, learned Senior Advocate with Sri V. Sreenidhi, learned Advocate for the respondents 1 to 5-BBMP and it's officials and Sri T.N. Raghupathy, learned Advocate for the respondent 6.

(2.) Brief facts of the case are, applicant-writ petitioner claims to be the owner in possession of a dwelling house constructed on a site measuring 40' x 40' bearing Khatha Nos. 471/2C and 476/1B in Ward No. 85 of BBMP, Doddanekkundhi, Bengaluru-560 037. A provisional order in the form of a show-cause notice dated November 18, 2013, under Section 321(1) and (2) of the Karnataka Municipal Corporations Act, 1976 ('Act' for short) was issued by the respondent-BBMP alleging illegal construction by the applicant. It was followed by a final order dated November 29, 2013, under Section 321(3) of the Act, confirming the provisional order. Applicant challenged the said orders in Writ Petition No. 3147 of 2016. By then, the respondent 6, had, also, filed W.P. No. 18596 of 2015 seeking a direction to the BBMP to give effect to the confirmation order. Both writ petitions were heard together by the Hon'ble Single Judge and decided on 7th April, 2016.

(3.) With regard to applicant's prayers, it was held by the Hon'ble Single Judge that, there was an alternative remedy by way of an appeal before the Karnataka Appellate Tribunal. So far as sixth respondent's prayers were concerned, the BBMP was directed to conclude the proceedings under Section 462 of the Act expeditiously.