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MRS. SHANAZ BEGUM v. THE CHIEF COMMISSIONER
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NC: 2023:KHC:37059
WP No. 22819 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 22819 OF 2023 (LB-BMP)
BETWEEN:
1. MRS. SHANAZ BEGUM
W/O LATE MR. G. NAZEER AHMED
AGED ABOUT 58 YEARS,
2. MR. NADEEM AHMED,
S/O LATE MR. G. NAZEER AHMED
AGED ABOUT 24 YEARS,
BOTH ARE R/AT NO 29,
B CROSS ROAD,
THIMMAIAH ROAD CROSS,
SHIVAJINAGAR,
BANGALORE - 560051 …PETITIONERS
(BY SRI. AKASH V. T., ADVOCATE)
AND:
1. THE CHIEF COMMISSIONER,
BRUHAT BENGALURU MAHANAGARA PALIKE,
N R SQUARE, BANGALORE - 560002
2. THE ASSISTANT COMMISSIONER
OF CITY PLANNING (EAST)
XJF6+C29, MAYOHALL, ASHOK NAGAR, KARNATAKA - 560001.
3. THE ASSISTANT EXECUTIVE ENGINEER
BRUHAT BENGALURU MAHANAGARA PALIKE,
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EAST ZONE, 22NDFLOOR,
SUBHASH CHNDRA BOSE BUILDING,
M. G. ROAD, BANGALORE - 560001. …RESPONDENTS
(BY SRI PAWAN KUMAR., ADVOCATE FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
CONFIRMATION ORDER DATED 11.07.2023, BEARING
NO.SA.NI.NA.YO(PO)/CO.18/23-24 U/S 248(3) OF B.B.M.P ACT, 2020 ISSUED BY THE R3 AT ANNEXURE-A ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Sri.Bhathegowda., learned counsel who has filed caveat for respondent No.1 and 2 is also directed to accept notice for respondent No.3 also.
2. The petitioner is before this Court seeking for the following reliefs;
a. Issue a writ of certiorari quashing the confirmation order dated 11.7.2023, bearing
No.Sa.Ni.Na.Yo(PO)/CO/18/23-24 under section 248(3) of B.B.M.P., Act, 2020 issued by respondent No.3 at Annexure-A.
b. Issue a writ of certiorari quashing the provisional order dated 27.6.2023, bearing No.Sa.Ni/(N Yo)/East/P O/18/23-24 under section 248(1) and
(2) of B.B.M.P., Act, 2020 issued by respondent No.3 at Annexure-B and C.
c. Grant such other interim reliefs as this Hon'ble Court deems fit.
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2. The contention of the learned counsel for the petitioner is that notice under section 248(1) and provisional order under section 248(2) of the BBMP Act, 2020 at Annexure-B and C has been issued by the Assistant Director of Town Planning (East) and the confirmatory order under section 248(3) as also been issued by the Assistant Director of Town Planning (East) without having any authority to do so.
3. This Court has delt with a similar lis in the case of
Smt. Kavitha Jain & another Vs. The Commissioner & Others in WP No.9934/20231 dated 17.08.2023. Hence, I pass the following;
ORDER
i. The writ petition is allowed.
ii. A certiorari is issued, the provisional order under section 248(1) and 248 (2) dated
1 NC: 2023:KHC:291 24
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27.6.2023 bearing No.Sa.Ni/(N YO)/East/P O/18/23-24 issued by respondent No.3 at Annexure-B and C is hereby quashed.
iii. Certiorari is issued, the confirmatory order 248
(3) bearing No.Sa.Ni.Na.Yo(PO)/CO/18/23-24 dated 11.7.2023 issued by respondent No.3 at Annexure-A is hereby quashed.
iv. Liberty is however reserved to the Zonal Commissioner to initiate such proceedings are necessary under section 248 by clearly stating the deviations, if any from the plan sanction granted, enclosing a sketch of the said deviations in the notice to be issued under Section 248.
v. The said action to be taken within a period of 30 days from the date of receipt of copy of this order.
Sd/-
JUDGE
SR
List No.: 1 Sl No.: 58
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