Floriana Estate Apartment Owners ... vs The Commissioner
2021 Latest Caselaw 1752 Kant

                             1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 16TH DAY OF MARCH 2021

                         PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                           AND

     THE HON'BLE MR.JUSTICE NATARAJ RANGASWAMY

             W.A. NO.769 OF 2018 (LB-BMP)

BETWEEN:

FLORIANA ESTATE APARTMENT OWNERS
WELFARE ASSOCIATION
(REG.NO.154/05-06)
#53, SARJAPURA ROAD
KORAMANGALA 3RD BLOCK
BENGALURU-560034
REP. BY ITS SECRETARY
NANJUNDA PRATAP PALECANDA
AGED ABOUT 44 YEARS.
                                            ... APPELLANT
(BY MR. NATARAJ BALLAL, ADV.,)

AND:

1.     THE COMMISSIONER
       BENGALURU DEVELOPMENT AUTHORITY
       BENGALURU-560001.

2.     THE COMMISSIONER
       BBMP, BENGALURU-560001.

3.     THE JOINT DIRECTOR OF TOWN PLANNING-SOUTH
       (PREVIOUSLY JOINT DIRECTOR OF TOWN PLANNING)
       B.B.M.P., BENGALURU-560001.
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4.   THE ASSISTANT DIRECTOR OF TOWN PLANNING
     BANGALORE SOUTH
     B.B.M.P, BENGALURU-560001.

5.   M/S KOLTE PATIL DEVELOPERS LIMITED
     BEING A COMPANY INCORPORATED UNDER THE
     COMPANIES ACT 1956, HAVING ITS
     REGISTERED OFFICE AT NAVIPETH
     DISTRICT JALAGAON
     MAHARASHTRA 048
     R/BY DIRECTOR NARESH PATIL.

     CORPORATE OFFICE AT:
     #121, 10TH FLOOR
     THE ESTATE, DICKENSON ROAD
     BESIDE MANIPAL CENTRE
     BENGALURU-560001.
                                       ... RESPONDENTS
(BY MR.   K. KRISHNA, ADV., FOR R1
    MR.   K.N. PUTTEGOWDA, ADV., FOR R2-R4
    MR.   G.L. VISHWANATH, ADV., FOR R5
    MR.   ASHOK HARANAHALLI, SR. COUNSEL A/W
    MR.   VINAYAKA B, ADV., FOR R5)
                              ---

      THIS W.A. IS FILED UNDER SECTION 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED
10.1.2018 IN WP 24071/2017 (LB-BMP) AND ALLOW THE WRIT
PETITION.

     THIS WRIT APPEAL HAVING BEEN HEARD AND RESERVED
FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT OF
JUDGMENT, THIS DAY,   ALOK ARADHE J., DELIVERED THE
FOLLOWING:

                        JUDGMENT

In this intra court appeal under Section 4 of the

Karnataka High Court Act, 1961 the appellant against

order dated 10.01.2018 passed by the learned Single

Judge. It is not in dispute before us that the retention

wall has already been constructed by the builder.

Therefore, for the reasons assigned by us in the

judgment passed today in W.A.No.3070/2018, nothing

survives for adjudication in this appeal, the same is

hereby disposed of in terms of the liberty granted by the

learned Single Judge.

Sd/-

JUDGE

Sd/-

JUDGE

SS