MAHADEVA Vs. KARNATAKA ELECTRICITY BOARD

JUDGEMENT

(1.) This public interest Petition is presented on the allegation that the 5th respondent was attempting to occupy the additional floors of a commercial complex called 'Sangeeta' which are directed to be demolished by an order of this Court as they were built in breach of an undertaking given before this Court by the 5th respondent and without license from the Corporation of the City of Bangalore and in plain contravention of the Comprehensive Development Plan promulgated under the Karnataka Town and Country Planing Act, and therefore the 5th respondent should be restrained from occupying that portion of the building.

(2.) In order to appreciate the gravity of the situation, it is necessary to set out the history of the case.

(3.) There are two commercial multistoreyed buildings called 'Rajatha' and 'Sangeetha' which have been constructed by Rajatha Enterprises and Vinayaka Investments the 5th respondent, respectively. 'Rajatha' is notorious for having been constructed even when an interim injunction issued by this Court in a public interest petition restraining the builder of that building from constructing the building, was in force (See: S.K. Sharma -v.- The Corporation of the Bangalore) ILR1986 KAR 2536 . 'Sangeeta' is notorious for its 4th and 5th floors having been constructed in breach of the undertaking not to construct them, given by the 5th respondent before this Court in a public interest petition challenging the legality of the license given for construction of basement plus ground and three floors, without license and in contravention of the Comprehensive Development Plan ('ODP' for short) framed under the Act. (See: K.K. Govindaraju -v.- Commissioner of the Corporation) ILR1987 KAR 1570 . The buildings have been constructed at Chickpet, Bangalore, which happens to be the hub of business activity and the buildings constructed in that locality have the potential of earning huge amounts in the form of Pagdi, advances and rents.