Karnataka High Court
Sri. Anutham S Adiga vs The Assistant Director, Town Planning on 10 November, 2023
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2023:KHC:40487
WP No. 21547 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 21547 OF 2023 (LB-BMP)
BETWEEN:
1. SRI. ANUTHAM S ADIGA,
AGED ABOUT 30 YEARS,
SON OF MR. SHANTHARAM S ADIGA,
2. SMT. SNEHA S.P
WIFE OF ANUTHAM S ADIGA,
AGED ABOUT 30 YEARS,
BOTH RESIDING AT,
APT 101, NO. 50, 4TH MAIN ROAD,
SUN CITY LAYOUT, JP NAGAR 7TH PHASE,
BANGALORE - 560 078.
...PETITIONERS
(BY SRI. SHARAN K.J., ADVOCATE)
Digitally signed
by AND:
NARAYANAPPA
LAKSHMAMMA
Location: HIGH 1. THE ASSISTANT DIRECTOR,
COURT OF TOWN PLANNING, B.B.MP.
KARNATAKA
BOMMANAHALLI ZONE, BENGALURU - 560 068.
2. SMT. B. MEENAKSHI,
WIFE OF SRI. GNANAMURTHY,
419, 6TH CROSS, 2ND MAIN,
RBI LAYOUT, BANGALORE - 560 078.
...RESPONDENTS
(BY SRI. PAWAN KUMAR, ADVOCATE FOR R1;
R2 IS SERVED BUT UNREPRSENTED)
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NC: 2023:KHC:40487
WP No. 21547 of 2023
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION, TO
THE R1 TO CONSIDER THE PETITIONERS REPRESENTATION
DATED 31.01.2023 AT ANNEXURE-A EXPEDITIOUSLY IN A TIME
BOUND MANNER.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. Inspection report has been filed and the same is taken on record.
2. Sri.Pawan Kumar, learned counsel for the corporation submits that the construction of both petitioners and respondent No.2 suffers from various deviations of building bylaws. However, it is submitted that the construction was built more than twenty years ago.
3. If that be so, there is a possibility of such construction being covered under the Akram-Sakram scheme, which is now under challenge before hon'ble Apex Court, pending.
4. The said decision would apply to the case of both petitioners and respondent. Until the said Orders are received, no Orders can be passed in the present matter. -3-
NC: 2023:KHC:40487 WP No. 21547 of 2023
5. Hence, petition stands disposed of with the above observation.
6. Needless to say, respondent corporation also has to wait for the Orders of the hon'ble Apex Court in the matter.
Sd/-
JUDGE NJ List No.: 1 Sl No.: 22 CT: BHK