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SKYLINE MANOR APARTMENT OWNERS ASSOCIATION v. THE COMMISSIONER
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NC: 2025:KHC:6050
WP No. 3064 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 3064 OF 2025 (LB-BMP)
BETWEEN:
1. SKYLINE MANOR APARTMENT
OWNERS ASSOCIATION
(ASSOCIATION FORMED BY VIRTUE OF DEED OF
DECLARATION EXECUTED UNDER KARNATAKA
APARTMENT OWNERSHIP ACT 1972)
PROPERTY NOS. 7 AND 8,
BRIDE STREET RICHMOND TOWN
BANGALORE-560025
DULY REPRESENTED BY ITS PRESIDENT
MR MAURO D'SOUZA
AGED 68 YEARS
S/O LATE A J D SOUZA …PETITIONER
(BY SRI. RAVISHANKAR A., ADVOCATE)
AND:
1. THE COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE
HUDSON CIRCLE
BANGALORE-560001
2. ASSISTANT EXECUTIVE ENGINEER
BRUHAT BENGALURU MAHANAGARA PALIKE
SHANTHINAGAR SUB DIVISION
EAST DIVISION,
SUBASH CHANDRA BOSE BUILDING,
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PUBLIC UTILITY BUILDING,
7TH FLOOR, M G ROAD
BANGALORE-560001
3. SRI ABDUL ALEEM
AGED 57 YEARS
S/O LATE ABDUL RASHEED R/AT FLAT NO.02
SKYLINE MANOR NOS 7 AND 8 BRIDE STREET,
RICHMOND TOWN
BANGALORE-560025
4. MRS REHANA SULTANA
AGED 48 YEARS
W/O ABDUL ALEEM R/AT NOS.003 AND 301
SKYLINE MANOR, NOS. 7 AND 8
BRIDE STREET, RICHMOND TOWN
BANGALORE-560025
…RESPONDENTS
(BY SRI. PAWAN KUMAR., ADVOCATE FOR R-1& R-2)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA., PRAYING TO DIRECT THE
RESPONDENTS 1 AND 2 TO PASS FINAL ORDERS IN TERMS OF
SECTION 248(3) OF BBMP ACT, 2020, AND CONSEQUENTLY,
TAKE NECESSARY MEASURES AS CONTEMPLATED IN LAW
WITH DUE NOTICE TO THE PETITIONER AND DEMOLISH THE
ILLEGAL CONSTRUCTION PUT UP BY RESPONDENTS 3 AND 4
IN AND AROUND THEIR APARTMENTS BEARING NOS.G-001, G-002, 301, AFTER INSPECTING THE SCHEDULE-A PROPERTY BY PERMITTING THE PETITIONER / OTHER APARTMENT UNIT
OWNERS TO POINT OUT THE VARIOUS ILLEGAL STRUCTURES
PUT UP BY RESPONDENTS 3 AND 4, ETC.
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THIS PETITION, COMING ON FOR PRELIMIARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. The prayer in this writ petition is to direct respondent Nos.1 and 2 to pass final orders in terms of Section 248(3) of the BBMP Act.
2. It is the case of the petitioner that, though a provisional order was passed, the BBMP was dragging its feet and not passing any order of confirmation.
3. Learned counsel appearing for the BBMP, Sri.Pawan Kumar submits, on instructions that, during pendency of the writ petition, an order of confirmation has been passed in respect of five apartments and the said orders have also been served on three apartment owners and two are yet to be served.
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4. In view of the fact that the BBMP has passed an order of confirmation, the prayer sought for in the writ petition would not survive for consideration.
5. It is however the apprehension of the learned counsel for the petitioner that the matter would be dragged on endlessly in order to facilitate the construction that is now put up by respondent Nos.3 and 4.
6. In my view, since the petitioner is the association of the apartment owners, it would be appropriate to permit them to implead themselves in the appeal, if any, that is to be filed by respondent Nos.4 and 5 challenging the order of confirmation.
7. If the order of confirmation are not challenged, the BBMP shall ensure that the order of confirmation that is passed is implemented in both letter and spirit within a period of three months from the date of the receipt of the copy of this order.
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8. This petition is accordingly disposed of.
9. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.
Sd/-
(N S SANJAY GOWDA)
JUDGE
GSR
List No.: 1 Sl No.: 7
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