ADINATH JAIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IT is not in dispute that the appellant herein received final notice contemplated under S. 321 (3) of karnataka Municipal Corporations Act, 1976 (for short 'the Act'), regarding the alleged unauthorised construction in violation of the sanctioned plan and by-laws. The said notice is dated 11-12-2002. It is also not in dispute that challenging the notice under S. 321 (3) of the Act, the appellant approached the Standing Committee under S. 444 in appeal on 3-1-2003. On the very same day, the Standing committee of the Corporation stayed the operation of the order issued under S. 321 (3 ). Nothing seems to have occurred till 20-8-2003. On the said date, the Gazette Notification came to be published by introducing or inserting Sec. 443-A which reads as under :

(2.) ACCORDING to the learned Counsel for the appellant, by virtue of sub-section (3) of 443a of the Act, all matters pending before the Standing Committee pertaining to Sec. 308, 309 and 321 (3) of the Act would be transferred to Karnataka Appellate Tribunal (KAT)and it is the KAT which would get jurisdiction over such matters provided under those provisions of law to dispose of the same.

(3.) ACCORDING to the learned Counsel for the respondent authority, the interim order dt. 3-1-2003 was prior to introduction of sec. 443-A. U/s. 98 of the Act, the Government had the power to take a decision on reference by the Corporation.