M VAMAN NAYAK Vs. PLANNING AUTHORITY MANGALORE

JUDGEMENT

(1.) The short question which falls for determination in these writ petitions is whether the petitioners are entitled to the relief against the 4th respondent. The prayer is to quash the licence or permission granted by the Commissioner of the Corporation of the City of Mangalore in favour of 4th and 5th respondents to renovate the then existing building as well as to quash the commencement certificate granted by the 1st respondent- Planning Authority, Mangalore, for renovating the building in question of the 4th respondent.

(2.) It would be necessary to state that the 5th respondent is the proprietor of the firm which is the 4th respondent. The 4th respondent had a shop premises on what is called 'Market Road' in Mangalore City. The Mangalore City is quite an ancient City. According to the provisions contained in the Karnataka Town and Country Planning Act, 1961, (hereinafter referred to as the Act) the Outline Development Plan as well as a Comprehensive Development Plan has been drawn and approved for the City. The petitioners grievance is that in the guise of renovating the building, the 4th respondent has contravened the provisions of the Outline Development Plan and therefore the commencement certificate issued by the 1st respondent and the approval of the plan for renovation by the Commissioner, the 3rd respondent, are without the authority of law and liable to be quashed as such.

(3.) The attack is essentially on the ground that if the renovation is permitted, the floor area ratio to the width of the road prescribed for that particular zone in the Outline Development Plan will be contravened in as much as the required amount of car parking space will no. be available for the renovated building.