Mantri Primus Lifespaces Private ... vs Bruhat Bengaluru Mahanagara Palike on 25 February, 2022

[Cites 2, Cited by 0]

Karnataka High Court

Mantri Primus Lifespaces Private ... vs Bruhat Bengaluru Mahanagara Palike on 25 February, 2022

Bench: Hemant Chandangoudar

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 25TH DAY OF FEBRUARY, 2022

                         BEFORE

     THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

      WRIT PETITION No.49854 OF 2014 (LB-BMP)

BETWEEN:

1.     MANTRI PRIMUS LIFESPACES PRIVATE LIMIETD,
       A COMPANY INCORPORATED UNDER THE COMPANIES
       ACT, 1956 AND HAVING ITS REGISTERED OFFICE
       AT MANTRI HOUSE, NO.41, VITTAL MALLYA ROAD,
       BANGALORE-560 001.
       REPRESENTED BY ITS AUTHORISED SIGNATORY,
       SRI. METHUKU SRINIVAS.

2.     SRI. B.S.N. HARI
       S/O LATE B.N. SATYANNA,
       AGED ABOUT 59 YEARS,
       R/AT NO.473, 9TH CROSS,
       1ST BLOCK, JAYANAGAR,
       BANGALORE-560 011.
       REPRESENTED BY HIS GPA HOLDER,
       SRI. B.N. ADARSH.
                                         ... PETITIONERS
(BY SRI. S. MAHESH, ADVOCATE)

AND:

1. BRUHAT BENGALURU MAHANAGARA PALIKE,
   HUDSON CIRCLE, N.R. ROAD,
   BENGALURU-560 002.
   REPRESENTED BY ITS COMMISSIONER.

2. ASSISTANTT EXECUTIVE ENGINEER,
   BRUHAT BENGALURU MAHANAGARA PALIKE,
   KENGERI SUB-DIVISION,
   NO.2085, 1ST MAIN ROAD,
   KENGERI UPANAGARA, BENGALURU-73.
                                      ... RESPONDENTS
                              2



(BY SRI. PAVAN KUMAR, ADVOCAET FOR
    SRI. H. DEVENDRAPPA, ADVOCATE FOR R-1 & 2)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
AND SET ASIDE THE IMPUGNED NOTICE DAETD 18.10.214
CAUSED TO BE ISSUED BY THE R-2 VIDE ANN-J AND ETC.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:


                          ORDER

This Writ Petition is filed challenging the notice dated 18.10.2014 issued by respondent No.2 calling upon the petitioners to stop the construction alleging that the construction is being put up on the storm water drain and kharab land.

2. During the pendency of this Writ Petition, the respondent-BBMP has issued occupancy certificate certifying that the building has been completed in the light of the sanctioned building plan. Learned counsel for the petitioner has furnished a copy of the report submitted by Bengaluru Metropolitan Task Force that the petitioner has not encroached upon the storm water drain and so also, the kharab land.

3. In view of the fact that the occupancy certificate is issued in favour of the petitioners and also in view of submission of the report by the petitioners, the impugned notice issued by the respondent-BBMP is not sustainable in law. Hence, I pass the following:

ORDER i. The Writ Petition is allowed. ii. The impugned notice dated 18.10.2014 issued by respondent No.2 is hereby quashed.

SD/-

JUDGE BMC

Unlock Advanced Research with PRISMAI

Karnataka High Court