C M POONACHA Vs. PYAREJAN

JUDGEMENT

(1.) The petitioner has filed the present writ petitions seeking for a writ of certiorari to quash the impugned order dated 17.11.2017 passed in Appeal No.1182/2014 by the Karnataka Appellate Tribunal, Bengaluru (for short 'the KAT') as per Annexure-A and a writ of mandamus or any appropriate order or direction against respondent Nos.4 and 5 to take necessary action to demolish the unauthorized and illegally constructed 3rd floor and the deviations as per the provisional order dated 17.12.2014 and the confirmation order dated 27.12.2014 in the schedule property as per Annexures-F and J.

(2.) It is the case of the petitioner that respondent Nos.1 to 3 who are the neighbouring owners have filed O.S. No.25277/2014 before the Prl. City Civil and Sessions Judge, Bengaluru seeking for a relief of perpetual injunction against respondent Nos.4 and 5 restraining them from demolishing any portion of the building or interfering with the lawful possession of the suit schedule property. The trial Court by an order dated 15.02.2014, granted temporary injunction against respondent No.4 from demolishing the building constructed in the schedule property except in accordance with the procedure under the provisions of Section 321 of the Karnataka Municipal Corporations Act, 1976 (for short the 'KMC Act'). Thereafter, Shamun Arambha Apartments Owners Association, the members of which were the owners/occupants of the building situated adjacent to the building being constructed by respondent No.3, aggrieved by the inaction of the BBMP authorities in not initiating any action despite numerous complaint, preferred W.P.No.57240/2014 before this Court praying to direct the BBMP authorities to initiate proceedings under Section 321 of KMC Act restraining M/s.Elegant Constructions-respondent No.3 herein in respect of property Nos.22/1 and 22/3 situated at Alfred Street, Richmond road, Bengaluru.

(3.) This Court by an order dated 16.12.2014, in view of the submission made by respondent Nos.1 to 4 Corporation (in W.P. No.57240/204) held that action in accordance with law will be initiated under Section 321 of the KMC Act, over the complaint lodged by the petitioner in the matter of construction of a building by respondent No.5 (respondent No.3 herein) and disposed off the writ petition. Thereafter, on 17.12.2014, respondent Nos.4 and 5 passed a provisional order as per Section 321(1) of the KMC Act. According to the petitioner, the spot inspection was conducted by respondent Nos.4 and 5 on 17.12.2014 and consequently notice under Section 321(2) of the KMC Act was also issued. Respondent Nos.1 to 3 have filed their objections to the said notice on 20.12.2014. Subsequently, the provisional order was followed by a confirmation order dated 27.12.2014 under Section 321(3) of the KMC Act.