WP19170 23 17 01 2024

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WP No. 19170 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 19170 OF 2023 (LB-BMP)
BETWEEN:
1. MR PRAMOD
S/O KUSHAL RAM REDDY
AGED ABOUT 34 YEARS
2. MR KUSHAL RAM REDDY

S/O LATE HANUMANTHA REDDY
AGED ABOUT 55 YEARS
BOTH R/A NO.2, N R COLONY

VIMANAPURA POST
WARD NO.88
BENGALURU-560017
…PETITIONERS
(BY SRI. AJIT P B.,ADVOCATE)
Digitally signed AND:

by VIJAYA P
Location: HIGH
COURT OF 1. MR. SATYANARAYANA G MOREY
KARNATAKA S/O LATE M GANJENDRA RAO
AGED ABOUT 53 YEARS
PRESENTLY R/A NO.80
KODIHALLI VILLAGE
BANGALORE-560 008
2. THE COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE
N R SQUARE
BENGALURU-560 002
3. THE ZONAL COMMISSIONER, EAST ZONE

N R SQUARE,
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WP No. 19170 of 2023
HUDSON CIRCLE
BENGALURU-560 002
4. THE JOINT COMMISSIONER

BBMP EAST ZONE
MAYOHALL, ASHOK NAGAR
BENGALURU-560 001
5. THE ADDITIONAL DIRECTOR OF TOWN PLANNING

M S BUILDING, 4TH STAGE
DR B R AMBEDKAR VEEDHI
BENGALURU-560 001
6. THE CHIEF ENGINEER

EAST DIVISION
PUBLIC UTILITY BUILDING
M G ROAD
BENGALURU-560 002
7. THE EXECUTVIE ENGINEER

BBMP WARD NO.88
JEEVANBHIMANAGAR
BENGALURU-560 017
8. THE ASSISTANT EXECUTIVE ENGINEER

BBMP WARD NO.88
JEEVANBHIMANAGAR
BENGALURU-560 017
9. ADDITIONAL CHIEF SECRETARY

URBAN DEVELOPMENT DEPARTMENT
SOUDHA BUILDING, AMBEDKAR VEEDHI
SAMPANGI RAMA NAGAR
BENGALURU-560 001
… RESPONDENTS
(BY SRI. PAWAN KUMAR., ADVOCATE FOR R2 TO R8;
SMT. B.P. RADHA., AGA FOR R9;
R1-SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227

OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO
R9 TO ACT ON THE REPRESENTATIONS MADE BY THE PETITIONERS
AS PER ANNEXURE E TO L AS PER THE TABLE BELOW:
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WP No. 19170 of 2023
RESPONDENT 8 ANNEXURE E REPRESENTATION DATE

03/10/2020
RESPONDENT 8 ANNEXURE F REPRESENTATION DATE

06/10/2020
RESPONDENT 4 ANNEXURE G REPRESENTATION DATE

16/10/2020
RESPONDENT 5 ANNEXURE H REPRESENTATION DATE

07/12/2020
RESPONDENT 2 ANNEXURE J REPRESENTATION DATE

07/01/2021
RESPONDENT 9 ANNEXURE K REPRESENTATION DATE

30/06/2021
RESPONDENT 3 ANNEXURE L REPRESENTATION DATE

AND 9 06/12/2022
THIS WRIT PETITION, COMING ON FOR PRELIMINARY

HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioners have sought for issuance of direction to
respondents to consider the representations made by the
petitioners at Annexures-E to L and they have also sought
for a direction to respondents to take action in terms of
Section 248 of the Bruhat Bengaluru Mahanagara Palike
Act, 2020 (for short 'the Act').
2. During the pendency of the present
proceedings, this Court by an interim direction had
ordered for a spot inspection and pursuant to such

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WP No. 19170 of 2023
direction, inspection report is filed on 16.11.2023 by the
respondent - BBMP. Admittedly, in terms of the field
inspection report, the respondent No.1 in his construction
is stated to have deviated the sanction plan and not left
any set back. If that were to be so, respondent - BBMP is
to take further action as per law in terms of Section 248 of
the Act. Needless to state principles of natural justice will
have to be adhered to.
3. Though the field inspection report points out to
certain deviations by the petitioners, as regards such
deviations, learned counsel for the petitioners submits that
sanction has been obtained from the competent authority
in the year 1967 itself and the said deviations have been
regularized. A memo is filed enclosing certain documents.
Learned counsel for the petitioners further submits that if
regularisation has been made in the year 1967, the
Authorities cannot take action after an unreasonable
period of time.
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WP No. 19170 of 2023
4. Needless to state the petition has been filed
insofar as the illegal construction by respondent No.1 and
confining the petition to such prayer, in light of the
direction made above to the respondent - BBMP to take
action under Section 248 of the Act and accordingly,
petition is disposed off. No case arises for adjudication as
regards the deviations, if any by the petitioners in the
present petition.
Sd/-
JUDGE
VP
List No.: 1 Sl No.: 10

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-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17TH DAY OF JANUARY, 2024

2. MR KUSHAL RAM REDDY

BOTH R/A NO.2, N R COLONY

Digitally signed AND:

3. THE ZONAL COMMISSIONER, EAST ZONE

4. THE JOINT COMMISSIONER

5. THE ADDITIONAL DIRECTOR OF TOWN PLANNING

6. THE CHIEF ENGINEER

7. THE EXECUTVIE ENGINEER

8. THE ASSISTANT EXECUTIVE ENGINEER

9. ADDITIONAL CHIEF SECRETARY

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227

RESPONDENT 8 ANNEXURE E REPRESENTATION DATE

RESPONDENT 8 ANNEXURE F REPRESENTATION DATE

RESPONDENT 4 ANNEXURE G REPRESENTATION DATE

RESPONDENT 5 ANNEXURE H REPRESENTATION DATE

RESPONDENT 2 ANNEXURE J REPRESENTATION DATE

RESPONDENT 9 ANNEXURE K REPRESENTATION DATE

RESPONDENT 3 ANNEXURE L REPRESENTATION DATE

THIS WRIT PETITION, COMING ON FOR PRELIMINARY

Petitioners have sought for issuance of direction to

respondents to consider the representations made by the

petitioners at Annexures-E to L and they have also sought

for a direction to respondents to take action in terms of

Section 248 of the Bruhat Bengaluru Mahanagara Palike

Act, 2020 (for short 'the Act').

2. During the pendency of the present

proceedings, this Court by an interim direction had

ordered for a spot inspection and pursuant to such

direction, inspection report is filed on 16.11.2023 by the

respondent - BBMP. Admittedly, in terms of the field

inspection report, the respondent No.1 in his construction

is stated to have deviated the sanction plan and not left

any set back. If that were to be so, respondent - BBMP is

to take further action as per law in terms of Section 248 of

the Act. Needless to state principles of natural justice will

have to be adhered to.

3. Though the field inspection report points out to

certain deviations by the petitioners, as regards such

deviations, learned counsel for the petitioners submits that

sanction has been obtained from the competent authority

regularized. A memo is filed enclosing certain documents.

Learned counsel for the petitioners further submits that if

regularisation has been made in the year 1967, the

Authorities cannot take action after an unreasonable

4. Needless to state the petition has been filed

insofar as the illegal construction by respondent No.1 and

confining the petition to such prayer, in light of the

direction made above to the respondent - BBMP to take

action under Section 248 of the Act and accordingly,

petition is disposed off. No case arises for adjudication as

regards the deviations, if any by the petitioners in the

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