High CourtsDIVISION BENCH(2017) 01 KAR CK 0350

SRI RAJENDRA PREMCHAND S/O PREM CHAND HANSRAJ, & ANR. vs THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE, & ANR.

Karnataka High Court · Decided on 30 January 2017

HON’BLE JUDGES
Subhro Kamal Mukherjee, Budihal R.B.
CASE NUMBER
3906-3907 of 2016 (LB-BMP)

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Judgment

9 paragraphs · 206 words
1.

These appeals are filed against the judgment and order passed by the Hon''ble Single Judge, dismissing the petitions filed against the order passed by the Karnataka Appellate Tribunal.

2.

The Corporation issued a notice under Section 321(1), (2) and (3) of the Karnataka Municipal Corporations Act, alleging violation of building by-laws and sanctioned building plan.

3.

The notice was challenged by the petitioner before the Appellate Tribunal and the Appellate Tribunal dismissed the case.

4.

When the matter was taken to this court by filing writ petitions, by order dated August 11, 2016, this court directed the Corporation to make a spot inspection of the disputed property.

5.

In the inspection conducted, it appeared there has been deviation to the extent of 60.75% per centum contrary to the building by-laws and sanctioned building plan. Consequently, the Hon''ble Single Judge dismissed the writ petitions.

6.

We do not find any merit in the writ appeals requiring interference of the order of the Hon''ble Single Judge.

7.

The appeals are, therefore, dismissed.

8.

However, it shall be open to the appellants to apply for regularization in accordance with law. We express no opinion on the merits of the matter.

9.

We make no order as to costs.