Karnataka High Court
Sri Ashok Murthy vs State Of Karnataka on 26 March, 2018
Author: S.Sujatha
Bench: S.Sujatha
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MARCH, 2018
BEFORE:
THE HON'BLE MRS. JUSTICE S.SUJATHA
WRIT PETITION No.12638/2018 (LB - BMP)
BETWEEN:
SRI ASHOK MURTHY
S/O LATE M.MUNIYAPPA
AGED ABOUT 52 YEARS
R/AT No.73/3, KODIGENAHALLI ROAD
HOODI VILLAGE, KRISHNARAJAPURA HOBLI
BENGALURU-560048. ... PETITIONER
[BY SRI M.PRADEEP, ADV.]
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
REPT. BY ITS PRINCIPAL SECRETARY
VIDHANASOWDHA, AMBEDKAR VEEDHI
BENGALURU, BENGALURU-560001.
2. THE COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE
N.R. SQUARE, BENGALURU-560001.
3. JOINT DIRECTOR OF TOWN PLANNING (NORTH)
BRUHAT BENGALURU MAHANAGARA PALIKE
N.R. SQUARE, BENGALURU-560001.
4. THE ASSISTANT EXECUTIVE ENGINEER
BRUHAT BENGALURU MAHANAGARA PALIKE
MAHADEVAPURA, BENGALURU-560036.
5. M/S. CASA GRANDE GARDEN CITY
BUILDERS PRIVATE LIMITED
OFFICE AT SALMA BIG HOUSE
-2-
No.34/1, 3RD FLOOR, MEANEE AVENUE ROAD
ULSOOR ROAD, NEAR ULSOOR LAKE
BENGALURU-560042. ...RESPONDENTS
[BY SRI I.THARANATH POOJARY, AGA FOR R-1;
SRI V.SREENIDHI, ADV. FOR R-2 TO R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT OF MANDAMUS AGAINST THE RESPONDENT Nos.1 TO 4
DIRECTING THEM TO REMOVE THE ILLEGAL CONSTRUCTIONS
PUTTING UP BY THE RESPONDENT No.5 BY ENCROACHING THE
STORM WATER DRAIN/RAJA KALUVE EXISTS IN THE EASTERN
PORTION OF LAND BEARING KATHA No.50 OLD No. Sy.No.92/2
AND 92/3 OF HOODI VILLAGE, KRISHNARAJAPURA,
BENGALURU AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Learned Additional Government Advocate is permitted to accept notice on behalf of respondent No.1.
2. Learned counsel Sri.V.Sreenidhi is permitted to accept notice on behalf of respondent Nos.2 to 4.
3. Issue notice to respondent No.5.
4. Petitioner has sought for a writ of mandamus against respondent Nos.1 to 4, directing them to remove the illegal constructions put up by respondent No.5 on the alleged encroachment of storm -3- water drain/Raja Kaluve existing in the eastern portion of land bearing katha No.50 old No. Sy.No.92/2 and 92/3 of Hoodi Village, Krishnarajapura, Bengaluru, interalia seeking to declare that the approved license and planning bearing No.BBMP/Addl. Dir/JDNorth/LP/0046/2017 dated 14.11.2017, approved by the respondent No.3 in favour of respondent No.5 in respect of katha bearing No.50 old No. Sy.No.92/2 and 92/3 of Hoodi Village, Krishnarajapura, Ward No.82, Bengaluru at Annexure-D as illegal.
5. Learned counsel appearing for the respondent Nos.2 to 4 would submit that a Storm Water Drainage Department, headed by Chief Engineer (Competent Authority) is authorized to examine the issue on hand and as such, if any representation is made to the Competent Authority, the same shall be considered in accordance with law. -4-
6. In view of the aforesaid submission, the petitioner is directed to make a fresh representation to the Storm Water Drainage Department, BBMP (Competent Authority) and if such representation is made, the same shall be considered by the Competent Authority in an expedite manner and a decision shall be taken in accordance with law within a period of two weeks from the date of representation made by the petitioner, after providing an opportunity of hearing to the petitioner. Petitioner shall appear before the Competent Authority with his representation on 02.04.2018.
With the aforesaid observations, Writ Petition stands disposed of.
Sd/-
JUDGE NC