Karnataka High Court
Sri Chikkanna vs The Government Of Karnataka on 6 July, 2012
Bench: Chief Justice, B.V.Nagarathna
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 6TH DAY OF JULY 2012
PRESENT
THE HON'BLE MR.VIKRAMAJIT SEN, CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
WRIT PETITION NO. 44702 OF 2011(LB-BMP -PIL)
BETWEEN :
1. SRI CHIKKANNA
AGED ABOUT 70 YEARS
S/O SRI P CHOWDAPPA
OCC: RETD IAS OFFICER
R/AT NO. 235, 14TH CROSS,
M C LAYOUT, VIJAYANAGAR EXTN.
BANGALORE-40
2. SRI KESHAV MURTHY
AGED ABOUT 45 YEARS
S/O SRI V MAHADEVAPPA
OCC: ASSISTANT PROFESSOR(BU)
R/AT NO. 603/604, 14TH CROSS,
M C LAYOUT, VIJAYANAGAR EXTN,
BANGALORE-40
3. SMT JAYALAKSHMI AITHAL
AGED ABOUT 62 YEARS
W/O LATE SRI P G AITHAL
OCC:NIL,
R/AT NO. 605/606, 14TH CROSS,
M C LAYOUT, VIJAYANAGAR EXTN,
BANGALORE-40
4. SRI S R PRAVEEN
AGED ABOUT 40 YEARS
S/O DR. SHIVAJIRAO
OCC:BUSINESS
R/AT NO. 604/605, 14TH CROSS,
2
M C LAYOUT, VIJAYANAGAR EXTN,
BANGALORE-40
5. SRI T K NAGABHUSHANA
AGED ABOUT 62 YEARS
S/O LATE SRI M KENDAPPA
OCC:RETD PROF OF MEDICINE( BMC)
R/AT NO. 700, 11TH CROSS,
M C LAYOUT, VIJAYANAGAR EXTN,
BANGALORE-40
6. DR. SOMNATH K
AGED ABOUT 54 YEARS
S/O LATE SRI K.R.K.IYER
OCC:DOCTOR,
R/AT NO. 232, 14TH CROSS,
M C LAYOUT, VIJAYANAGAR EXTN,
BANGALORE-40
7. SRI RAMNATH K
AGED ABOUT 57 YEARS
S/O LATE SRI K R K IYER
OCC: ENGINEER (BEML)
R/AT : NO. 232, 14TH CROSS,
M C LAYOUT, VIJAYANAGAR EXN,
BANGALORE-40
8. SRI V T RAMANNA
AGED ABOUT 81 YEARS
OCC: RETD ASST ENGINEER IN SWR
R/AT NO. 233, 14TH CROSS,
M C LAYOUT, VIJAYANAGAR EXTN.
BANGALORE-40
9. SRI N C SHAMNUR
AGED ABOUT 69 YEARS
S/O LATE SRI CHANNABASAPPA
OCC:BUSINESS
R/AT NO. 622/17, 13TH CROSS
M C LAYOUT, VIJAYANAGAR EXTN,
BANGALORE-40
10. SRI V M ANAND
AGED ABOUT 50 YEARS
S/O LATE SRI V P MADHAVA RAO
3
R/AT NO. 663, 12TH CROSS
M C LAYOUT, VIJAYNAGAR EXN,
BANGALORE-40
11. DR P SADASIVAMURTHY
AGED ABOUT 80 YEARS
S/O LATE SRI PATALAPPA
OCC: RETD. PROFESSOR
R/AT NO. 618/619, 13TH CROSS,
M C LAYOUT, VIJAYANAGAR EXTN,
BANGALORE-40
12. SRI S HARISH
AGED ABOUT 50 YEARS
S/O LATE DR. B M SHIVALINGAIAHA
OCC: INDUSTRIALIST
R/AT NO. 658, 12TH CROSS,
M C LAYOUT, VIJAYANAGAR EXTN,
BANGALORE-40
13. SRI S M SANJAY
AGED ABOUT 43 YEARS
S/O SRI S B MUDAPPA IAS
OCC: FINANCIAL & STOCK CONSULTANT
R/AT NO114, VI MAIN,
M C LAYOUT, VIJAYANAGAR EXTN,
BANGALORE-40
14. SRI C MAYANNA
AGED ABOUT 82 YEARS
S/O SIR CHIKKAVEERIAH
R/AT NO. 703/10, 11TH CROSS,
M C LAYOUT, VIJAYANAGAR EXTN,
BANGALORE-40
15. SRI J C MARIAYAPPA
AGE: MAJOR
R/AT NO. 704, 11TH CROSS,
M C LAYOUT, VIJAYANAGAR EXTN,
BANGALORE-40
16. SRI G RAMESH
AGED ABOUT 42 YEARS
S/O SRI H V GOPALKRISHNAPPA
R/AT NO. 702, 11TH CROSS,
4
M C LAYOUT, VIJAYANAGAR EXTN,
BANGALORE-40
17. SRI WAIKAR
AGED ABOUT 81 YEARS
S/O SRI SRINIVASACHARYA ACHAR
OCC: RETD DIRECTOR MINISTRY OF DEFENCE
R/AT : NO. 606/607,
14TH CROSS, M C LAYOUT ,
VIJAYANAGAR EXTN,
BANGALORE-40
... PETITIONERS
(BY SRI K.G. RAGHAVAN, SENIOR COUNSEL A/W
SRI RAVINDRA PRASAD .B, ADV.,)
AND :
1. THE GOVERNMENT OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
M S BUILDING (VIDHAN SOUDHA ANNEXE)
BANGALORE-1, REP BY ITS SECRETARY
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE
KITTUR RANI CHANNAMMA CIRCLE,
BANGALORE-1
3. THE ASSISTANT DIRECTOR OF
TOWN PLANNING ( SOUTH)
BRUHAT BANGALORE MAHANAGAR PALIKE
KITTUR RANI CHENNAMMA CIRCLE,
BANGALORE-1
4. THE DEPARTMENT OF POLLUTION
CONTROL BOARD
KSFC BUILDING, CHURCH ROAD,
REPRESENTED BY ITS CHAIRMAN
5. SMT B S CHITRA
AGED ABOUT 55 YEARS
W/O DR. SATHYA PRAKASH
R/O VINAYAKA LAYOUT,
III STAGE, 14TH CROSS, C.H.B.S.
5
WARD NO. 36, VIJAYNAGAR,
BANGALORE-40
6. DR SATHYA PRAKASH
S/O NOT KNOWN
AGED ABOUT 60 YEARS
R/O VINAYAKA LAYOUT,
III STAGE, 14TH CROSS
5TH MAIN, C.H.B.S.,WARD NO.36,
VIJAYNAGAR, BANGALORE-40
... RESPONDENTS
(BY SRI R.G. KOLLE, AGA FOR R-1;
SRI K.N.PUTTEGOWDA, ADV., FOR R-2 & 3;
SRI JAGADEESH D. HIREMATH, ADV., FOR R-4;
SRI V. SRINIVASA RAGHAVAN, ADV., FOR M/S INDUS
LAW, ADVS., FOR R-5 & 6)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO DIRECT RESPONDENT NOS.1 TO 4 -AUTHORITIES TO
ENSURE THAT RESPONDENT NOS.5 TO 6 STRICTLY
COMPLY WITH SANCTIONED PLAN AND SHOULD
ADHERE TO THE ZONING REGULATION AND THE
BUILDING BYELAWS AND THEREBY TO ENSURE THAT
THERE IS NO DEVIATION OF THE SANCTIONED PLAN IN
RESPECT OF PROPERTY BEARING NO.228 & 229, 14TH
CROSS, 6TH MAIN, M.C.LAYOUT, VIJAYANAGAR,
BANGALORE AND ETC.,
THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE
MADE THE FOLLOWING:
ORDER
Vikramajit Sen, CJ (Oral) It transpires that the BBMP has cancelled the building plan. In the course of the present proceedings, the Court had ordered that the subject property should not be occupied till such time an occupancy certificate is not 6 granted, without prejudice to the other contentions raised in the present Petition. In obedience to those orders, the subject property was vacated totally. However, as mentioned above, the position today is that the building plan itself has been cancelled, thereby making it illegal and impermissible for the subject property to be occupied or put to any use. Because of cancellation of the plan, Respondent No.5 before us namely, Smt.B.S.Chitra had filed Writ Petition No.36395/2010 which came to be disposed of by orders dated 19.03.2012 by directing the BBMP to hold an enquiry after affording opportunity of hearing to the Petitioner, namely, Smt.B.S.Chitra (Respondent No.5 before us). In other words, the cancellation was premised on the sole ground that it was in violation of audi alteram partem rule and not on the merits which may have motivated the BBMP to cancel the building plan.
2. It is in these circumstances that we are of the view that the present Petition has been rendered infructuous. This is for the simple reason that unless and until the building plan is revalidated and an occupancy certificate is issued, it would be illegal to occupy the 7 premises, even in the absence of any objections raised pertaining to the user as is the subject matter of the present proceedings.
3. The present Petition is disposed of, keeping the above circumstances in view by granting liberty to the Petitioners to initiate fresh action in the event that the building plan is revalidated contrary to the permitted user, of which the Petitioners are aggrieved in these proceedings, is intended to be continued. Parties to bear their respective costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE bkv