Karnataka High Court
Sri. Ananth Vasudev Dongare vs Bhruhat Bangalore Mahanagara Palike on 3 June, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2024:KHC:18866
WP No. 35946 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 35946 OF 2017 (LB-BMP)
BETWEEN:
SRI. ANANTH VASUDEV DONGARE
S/O LATE A VASUDEVA RAO
AGED ABOUT 68 YEARS
OCCUPATION RETD. EMPLOYEE
RESIDING AT NO 462
2ND MAIN, 7TH CROSS, RBI LAYOUT
J P NAGAR 7TH PHASE, BENGALURU - 560078
...PETITIONER
(BY SRI. DODAWAD S R.,ADVOCATE)
AND:
1. BHRUHAT BANGALORE MAHANAGARA PALIKE
N R SQUARE, BENGALURU - 560002
Digitally REP BY ITS COMMISSIONER.
signed by
HEMALATHA
A 2. THE JOINT COMMISSIONER
Location: High BHRUHAT BANGALORE MAHANAGARA PALIKE
Court of BOMMANAHALLI ZONE
Karnataka
BEGUR MAIN ROAD
BENGALURU - 560068.
...RESPONDENTS
(BY SRI. PAWAN KUMAR, ADVOCATE FOR
SRI.H DEVENDRAPPA, ADVOCATE FOR R1 & R2.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED: 11.05.2017 MADE BY THE R-2 AT
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NC: 2024:KHC:18866
WP No. 35946 of 2017
ANNEXURE-J AND GRANT AN INTERIM ORDER TO STAY THE
OEPRATION OF THE ORDER DATED: 11.05.2017 MADE BY THE
R-2 AT ANNEXURE-J TILL DISPOSAL OF MAIN MATTER.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
JUDGMENT
In this writ petition, the petitioner sought to quash the order dated 11.05.2017 passed by the second respondent vide Annexure-J, whereby the plan approved in favour of the petitioner has been withdrawn.
2. The petitioner is the owner of site No.182 in the layout formed by the Bank officers and Officials House Building Co-operative Society Limited situated at Doddakallasandra II Stage, I Block, Thippasandra Village, Uttarahalli Hobli, Bangalore South Taluka, Bangalore measuring 2,520 sq. mtrs, BBMP Ward No.196, Bangalore bounded east by road, west by site Nos. 165 & 166, north by site No.183 and south by Site No.181 (for short, 'scheduled property'). To construct a residential building, the petitioner applied for approval of the plan. The competent authority, by order dated 23.03.2017 approved -3- NC: 2024:KHC:18866 WP No. 35946 of 2017 the plan submitted by the petitioner for the construction of a residential building. By the impugned order, dated 11.05.2017 vide Annexure-J, the same has been withdrawn without giving any notice on the ground that there is an order from National Green Tribunal. The impugned order at Annexure-J is passed without giving any notice to the petitioner, it is in violation of the principles of natural justice.
3. In view of the above, I pass the following order:
(i) Annexure-J dated 11.05.2017 shall be treated as a show-cause notice to the petitioner.
(ii) The petitioner is permitted to file objections to Annexure-J within four weeks from the date of receipt of a copy of this order to the Assistant Director, Town Planning, BBMP, who is the competent authority to take a decision.
(iii) The competent authority is directed to consider the reply and pass an order, in accordance with law, within three months from the date of receipt of the reply. -4-
NC: 2024:KHC:18866 WP No. 35946 of 2017
(iv) With the above observations, the writ petition stands disposed of.
Sd/-
JUDGE CM List No.: 1 Sl No.: 54