Mr.Shankar S.Bhat, Adv. for Petitioner Ms.Niloufer Akbar, AGA. for Respondent Nos. 1 to 4 Mr.Prashanth Murthy S.G., Adv. For Sri Sriranga, Advocate for Respondent No.5 Date of Order 07-11-2017 W.P.No.54789/2015 Kendriya Vihar Apartment Owners Association (R) Vs.State of Karnataka & Ors. The petitioner Kendriya Vihar Apartment Owners Association (KVAOA), Yelahanka, Near Kogilu Cross, Bellary Road, Bengaluru has preferred this petition in this Court on 04.12.2015.
2. Learned counsel for the petitioner submitted that certain requirements raised by the respondent No.4 District Fire Officer were raised to be complied with by the members of the Petitioner - Association who are occupants of the building known as Kendriya Vihar Apartment Owners Association situated in Yelahanka near Kogilu Cross, Bellary Road, Bengaluru. Some of the requirements are not there in the relevant Rules but for the alleged non-compliance of the same, the respondent BESCOM was about to disconnect the power supply and at this stage present petition was preferred and an interim order was granted by the Co- ordinate Bench of this Court on 18.12.2015. Date of Order 07-11-2017 W.P.No.54789/2015 Kendriya Vihar Apartment Owners Association (R) Vs.State of Karnataka & Ors.
3. Thereafter, learned counsel for the petitioner submits that since then certain compliances and requirements have been fulfilled by the petitioner and a report came to be filed by the petitioner before the said Authority vide Annexure F dated 09.08.2013.
4. The learned Government Advocate appearing for respondent Nos. 1 to 4 prays for some time to file statement of objections as also the learned counsel for the BESCOM.
5. Having heard the learned counsel for the parties, this Court is satisfied that whether the petitioner has complied with the requirements raised by the respondent Fire Department or not is a question of fact and it is for the petitioner to satisfy the concerned Authority namely respondent No.4 District Fire Officer to verify and record the satisfaction as to whether the various requirements for the public safety in the said Building have been complied with by them or Date of Order 07-11-2017 W.P.No.54789/2015 Kendriya Vihar Apartment Owners Association (R) Vs.State of Karnataka & Ors. not. Even if the petitioner wants to raise objection as to the validity and correctness of the requirements raised by the respondent, it is first required to raise its objections before the concerned Authority itself. In either of the case, it is for the concerned Authority to provide an opportunity of hearing to the petitioner and record his satisfaction either about the compliance made or about the correctness and validity of the objections raised in this regard. This Court under Article 226 of the Constitution of India cannot be expected to monitor this kind of enquiry by the respondent in the matter.
6. Therefore, this petition is disposed of by relegating the petitioner to the concerned Authority, namely, respondent No.4 District Fire Officer and petitioner shall file its objections and contentions in writing and the said Authority may verify the relevant facts with the evidence produced by the petitioner and Date of Order 07-11-2017 W.P.No.54789/2015 Kendriya Vihar Apartment Owners Association (R) Vs.State of Karnataka & Ors. then pass appropriate speaking order. The respondent BESCOM Authorities will be free to proceed further thereafter in accordance with law, once such report is made by the respondent No.4 District Fire Officer. Petitioner may appear before the said Authority at the first instance on 12.12.2017 and a period of three months is granted to the respondent No.4 to pass orders. Sd/- JUDGE Cm/-