MOIDEEN P Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner had constructed a commercial shopping complex on the property bearing No.2951/1, Temple Street, V.V. Puram, Devaraja Mohalla, Mysuru.

(2.) The petitioner had obtained a licence and building plan and put up the construction. While licence was obtained on 08.08.2003 and the Occupancy Certificate was granted on 16.03.2006. The petitioner has produced copies of licence and Occupancy Certificate.

(3.) The petitioner states that the petitioner was served with notice as per Annexure-C stating that the basement which was reserved for parking was being used for other purpose and called upon him to restrain from using the basement for any other purpose, failing which, the proceedings under Section 321 of the Karnataka Municipal Corporation Act, 1976 ('the Act' for brevity) would be initiated. Subsequently, as per Annexure-E dated 11.01.2011, a provisional order came to be passed under Section 321(1) and (4) of the Act based upon the notice which specifies that the cellar was used for commercial purpose and hence, the same was in violation of the provisions of Act and as well as the Mysore Municipal Corporation Building Bye-laws and hence, called upon the petitioner to submit his reply, if not, the provisional order would be confirmed. The violation that was noticed has been detailed in the provisional order, which is as follows: