Karnataka High Court
Sri Krishna Murthy P A vs The State Of Karnataka on 13 March, 2020
Author: Abhay S. Oka
Bench: Abhay S. Oka
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF MARCH, 2020
PRESENT
THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE ASHOK S. KINAGI
WRIT PETITION NO. 18822 / 2016 (LB-BMP-PIL)
BETWEEN:
1. SRI KRISHNA MURTHY P.A.
S/O APPAJI
AGED ABOUT 44 YEARS
R/O NO.151, PATTANDUR
AGRAHARA VILLAGE
WHITEFIELD (P)
BANGALORE EAST TALUK
BANGALORE-560066
2. SRI SRINIVAS
S/O VENKATARAMAIAH
AGED ABOUT 32 YEARS
R/A PATTANDUR AGRAHARA VILLAGE
WHITEFIELD (P), BANGALORE EAST TALUK
BANGALORE-560066
3. SRI MUNIRAJU N
S/O LATE NARAYANAPPA
AGED ABOUT 32 YEARS
R/A PATTANDUR AGRAHARA VILLAGE
WHITEFIELD (P) BANGALORE EAST TALUK
BANGALORE-560066
4. SRI SHIVAKUMAR D M
S/O LATE MUNIYAPPA
AGED ABOUT 42 YEARS
R/A PATTANDUR AGRAHARA VILLAGE
WHITEFIELD (P) BANGALORE EAST TALUK
BANGALORE-560066
-2-
5. SRI VENKATESH
S/O ERAPPA,
AGED ABOUT 45 YEARS
R/A PATTANDUR AGRAHARA VILLAGE
GRAMATHANE TEMPLE ROAD
WHITEFIELD (P), BANGALORE EAST TALUK
BANGALORE-560066
6. SRI KUMAR
S/O MUNIVENKATAPPA
AGED ABOUT 46 YEARS
R/A PATTANDUR AGRAHARA VILLAGE
WHITEFIELD (P), BANGALORE EAST TALUK
BANGALORE-560066
7. SMT LAKSHMI S.
W/O MUNIRAJU D.M.
AGED ABOUT 31 YEARS
R/A PATTANDUR AGRAHARA VILLAGE
WHITEFIELD (P), BANGALORE EAST TALUK
BANGALORE-560066
8. SRI NAGARAJ P.M.
S/O MUNIYAPPA
AGED ABOUT 36 YEARS
R/A NO.197, 2ND MAIN ROAD
PATTANDUR AGRAHARA VILLAGE
WHITEFIELD (P), BANGALORE EAST TALUK
BANGALORE-560066
9. SRI P.V. GOPAL @ GOPALLAPPA
S/O MOTAPPA
AGED ABOUT 52 YEARS
R/A PATTANDUR AGRAHARA VILLAGE
WHITEFIELD (P) BANGALORE EAST TALUK
BANGALORE-560066
10 . SRI JOSEPH
S/O ANTHONY
AGED ABOUT 42 YEARS
R/A 1ST CROSS, VENKATARAMAIAH HOUSE ROAD
PATTNADUR AGRAHARA VILLAGE
WHITEFIELD (P), BANGALORE EAST TALUK
BANGALORE-560066
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11 . SRI SURESH S
S/O SHRIRAMAPPA
AGED ABOUT 29 YEARS
R/A PATTANDUR AGRAHARA VILLAGE
GRAMATHANE TEMPLE ROAD
WHITEFIELD (P), BANGALORE EAST TALUK
BANGALORE-560066
12 . SRI M. KRISHNAPPA
S/O MUNISWAMAPPA
AGED ABOUT 56 YEARS
R/A PATTANDUR AGRAHARA VILLAGE
WHITEFIELD (P), BANGALORE EAST TALUK
BANGALORE-560066
... PETITIONERS
(BY SRI T.A. KARUMBAIAH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
PRINCIPAL SECRETARY
REVENUE DEPARTMENT
VIDHAN SOUDHA
BANGALORE-560001
2. DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT
KANDAYA BHAVANA
K.G.ROAD, BANGALORE-560001
3. TAHSILDAR
BANGALORE EAST TALUK
K.R.PURAM, BANGALORE-560036
4. THE ASSISTANT REVENUE OFFICER
BRUHAT BENGALURU MAHANAGARA PALIKE
WHITEFIELD SUB DIVISION
BANGALORE-560066
5. THE JOINT DIRECTOR
TOWN PLANNING CELL
BRUHAT BENGALURU MAHANAGARA PALIKE
BANGALORE-560001
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6. SRI.A.KRISHNAPPA
S/O AVALAPPA
AGED ABOUT 65 YEARS
R/A SRI VINAYAKA NILAYA
PATTANDUR AGRAHARA VILLAGE
WHITEFIELD(P)
BANGALORE EAST TALUK
BANGALORE-560066
7. FOYER'S CONSTRUCTIONS PVT LTD
REPRESENTED BY ITS MANAGING DIRECTOR
MR.KONDAL RAO
S-8, SILVER SPRING LAYOUT
MUNNEKOLAL
BANGALORE-560037
... RESPONDENTS
(BY SRI VIJAYAKUMAR A. PATIL, AGA FOR R1-R3,
SRI T.M. VENKATA REDDY, ADVOCATE FOR R4 & R5,
SRI PRASANNA B.R., ADVOCATE &
SRI UDITA RAMESH, ADVOCATE FOR R7 &
R6-SERVED & UNREPRESENTED)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE RESPONDENT No.3 TO ACT UPON THE
REPRESENTATIONS GIVEN BY THE PETITIONERS DATED
11.02.2010 & 11.03.2014 VIDE ANNEXURE-J AND J1 AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
The learned counsel appearing for the seventh respondent, on instructions, states that the seventh respondent will demolish both the illegal bridges within a period of fifteen days from today. As regards the other illegal construction concerning the building, on 2nd March 2020, the seventh -5- respondent has applied for regularization. The said application for regularization needs to be decided in accordance with law.
2. Hence, we need not keep the petition pending and accordingly, we pass the following order:
(i) Both the offending bridges will be demolished / removed within a period of fifteen days from today.
On the failure of the seventh respondent to demolish the said bridges within a period of fifteen days from today, Bruhath Bengaluru Mahanagara Palike (BBMP) shall immediately undertake the work of demolition of the said illegal bridges which have been admittedly constructed without permission;
(ii) We direct the concerned Authority to decide the application dated 2nd March 2020 for regularization made by the seventh respondent within a period of six weeks from today;
(iii) It is made clear that the application for regularization shall not be considered as regards the two bridges which are ordered to be demolished;
(iv) It is needless to add that BBMP will have to take action of removal of that part of the illegal work -6- carried out by the seventh respondent which is not regularized;
(v) If BBMP is required to remove the said two illegal bridges and illegal construction, the same shall be done at the cost of the seventh respondent;
(vi) With the above directions, the petition is disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE SN