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in favour of the petitioner has been withdrawn.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
NC: 2024:KHC:18866
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.
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(iv) With the above observations, the writ petition
stands disposed of.
Sd/-
JUDGE
CM
