disclosed in the present
writ petition.
(i) That the respondent-BDA regularized unauthorised
construction carried out by some of the purchasers of sites
from ... Principal Secretary,
Government of Karnataka, Urban Development Department
informing about regularization of unauthorised construction
of about 13 persons, the matter was even presented before
that the said
notices refer to unauthorised construction however, the petitioners
were not aware about the unauthorised construction done by the
developer ... would fall under Section 8(2) of GRUDA-2022, where
regularization of unauthorised construction is not permissible. Once
the regularization is prohibited under
made on behalf of petitioners that since their application seeking
regularization of unauthorised construction is rejected, they would
prefer appeal within one week challenging that ... failed in accepting the
application of the petitioners' seeking regularization of unauthorised
construction does not merit acceptance. The petitioners do not
possess vested right
made an application, if permissible, before the
authority, seeking regularization of unauthorised construction.
Therefore appropriate directions may be issued.
4. On the other hand, learned ... Moreover,
the construction was done without prior development
permission. The regularization of unauthorised construction is
permissible, if the construction is prior
review petitioner is that he made an
application seeking regularization of unauthorised construction, and the said
application was not brought to the notice of this ... Regularization of unauthorised building is impermissible, since the
Hon'ble Supreme Court of India reiterated that the regularization of
unauthorised construction, if made, would
16395/2024 JUDGMENT DATED: 01/04/2025
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seeking regularization of the alleged unauthorised construction.
The said application was rejected by an order dated ... same time, rejection of application of the
petitioner seeking regularization of unauthorised construction
filed under the provisions of GRUDA, 2022 is not in dispute
2025
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14. With regard to the other prayer of regularization of
unauthorised construction, it is noticed that in absence of any
expressed provision under ... issue orders to the residents of the society to get
their construction regularized. The submissions canvassed on
behalf of the petitioner being meritless, the same
authority already regularised the unauthorised construction in
the said premises on two earlier occasions and has again regularised
the unauthorised construction and also permitted ... Supreme Court has consistently laid down that
unauthorised construction ought not to be regularised unmindfully
and unauthorised construction has to be demolished. It has been
accorded sanction to the Secretary of the
respondent Municipality to regularize the unauthorised
construction of first floor to the existing building ... passed directing the 1st respondent to demolish and remove the
unauthorised construction.
4. The 1st respondent approached the Tribunal for the
second time in Appeal
accorded sanction to the Secretary of the
respondent Municipality to regularize the unauthorised
construction of first floor to the existing building ... passed directing the 1st respondent to demolish and remove the
unauthorised construction.
4. The 1st respondent approached the Tribunal for the
second time in Appeal
