LAWS(KAR)-2018-1-6

M J BALACHANDER Vs. COMMISSIONER, BBMP

Decided On January 03, 2018
M J Balachander Appellant
V/S
The Commissioner, Bbmp Respondents

JUDGEMENT

(1.) The petitioner-M.J.Balachander S/o Late M.V.Jayaraman has filed this petition in this Court on 28.11.2017 with the following prayers:

(2.) Upon issuance of notices, the learned counsel for the Respondents has filed Statement of Objections along with the Affidavits of Respondent No.3-Assistant Director, Town Planning (East), BBMP and Respondent No.4-Assistant Executive Engineer, Vasanth Nagar Sub-Division, BBMP.

(3.) The grievance raised by the petitioner in the present case is that by impugned Notice Annexure-E dated 10.10.2017, the Respondent No.4-Assistant Executive Engineer has straight away imposed a fine of Rs.5,00,000/- on the alleged ground that the petitioner had strewn the construction mud on the public road while raising the building construction and which has caused nuisance and health hazard, safety concerns to the users of the road and therefore the fine of Rs.5,00,000/- to be paid by the petitioner. By another Notice Annexure-F dated 21.10.2017 , Respondent No.3-Assistant Director, Town Planning (East), Bengaluru, even suspended the Building Sanction Plan for the alleged non-compliance of the aforesaid Notice Annexure-E and failure to pay the fine of Rs.5,00,000/-. In these circumstances, the petitioner has approached this Court.