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Supreme Court - Daily Orders

Shantesh Gureddi vs Commissioner Bruhat Bangalore ... on 5 September, 2019

Bench: Indu Malhotra, Sanjiv Khanna

     ITEM NO.4                                 COURT NO.14                     SECTION IV-A

                                    S U P R E M E C O U R T O F            I N D I A
                                            RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C) No(s). 24083-24087/2017

     (Arising out of impugned final judgment and order dated 14-03-2017
     in WA No. 804/2016 14-03-2017 in WA No. 803/2016 14-03-2017 in WA
     No. 802/2016 14-03-2017 in WA No. 622/2016 14-03-2017 in WA No.
     621/2016 passed by the High Court Of Karnataka At Bengaluru)

     SHANTESH GUREDDI & ANR.                                                      Petitioner(s)

                                                       VERSUS

     COMMISSIONER BRUHAT BANGALORE
     MAHANAGAR PALIKE & ORS.                                                       Respondent(s)


     (IA No. 78199/2017 - PERMISSION TO FILE ADDITIONAL
     DOCUMENTS/FACTS/ANNEXURES)

     Date : 05-09-2019 These matters were called on for hearing today.

     CORAM :                   HON'BLE MS. JUSTICE INDU MALHOTRA
                               HON'BLE MR. JUSTICE SANJIV KHANNA


     For Petitioner(s)                   Mr.   Shyam Divan, Sr. Adv.
                                         Mr.   S.K.Kulkarni, Adv.
                                         Mr.   M. Giressh Kumar, Adv.
                                         Mr.   Ankur S. Kulkarni, AOR

     For Respondent(s)                   Mr. Kashi Vishweshwar, Adv.
                                         Mr. Amith.J, Adv.
                                         Ms. Manju Jetley, AOR

                                         Mr. S.J.Smith, Adv.
                                         Dr. (mrs. ) Vipin Gupta, AOR


                               UPON hearing the counsel the Court made the following
                                                  O R D E R

The present Special Leave Petitions have been filed to challenge the Order dated 14.03.2017 passed by the High Court, Signature Not Verified Digitally signed by RACHNA Date: 2019.09.14 whereby the Respondents 3 to 7 have been allowed to be impleaded in 10:47:10 IST Reason:

Appeal No. 863/2014 filed by the Petitioner before the Karnataka 1 Appellate Tribunal at Bangalore.
The Karnataka Appellate Tribunal had rejected their application for impleadment vide order dated 26.06.2015, which was set aside by the learned Single Judge of the High Court, on the ground, that Respondents 3 to 7 are not total strangers, but members of the Citizens Forum for Safe Environment who had filed the complaint before the Municipal Corporation regarding the unauthorised construction on the Terrace Floor, and additional floor above the Terrace Floor for commercial purposes. The Single Judge held that Respondents 3 to 7 are necessary and proper parties to the proceedings.
The Division Bench dismissed the Appeal filed by the petitioner herein.
We have heard the counsel for the parties.
We permit Respondents 3 to 7 to participate in the proceedings as Intervenors before the Karnataka Appellate Tribunal as they are proper parties to the proceedings.
The Interim order granted by this Court on 01.09.2017 is vacated.
The Special Leave Petitions are disposed of accordingly. Pending applications, if any, shall also stand disposed of.
(POOJA CHOPRA)                                                            (RAJINDER KAUR)
 COURT MASTER                                                             BRANCH OFFICER

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