Nandi Infrastructure Corridor Enterprise Ltd. v. Bruhat Bangalore Mahanagara Palike
2013-08-23
RAVI MALIMATH
body2013
DigiLaw.ai
ORDER Ravi Malimath, J.—The petitioner seeks for prayer in the following manner: i) Issue a writ of mandamus or any other appropriate writ directing the respondents not to take any coercive steps or action for demolishing the concrete pillars and cooper dam constructed on the Schedule property. ii) Grant such other order or reliefs as this Hon'ble Court deems fit in the interest of justice and equity. In pursuance whereof, the petitioner relies on Annexure-A, which is a possession certificate, issued by the Karnataka Industrial Area Development Board, handing over the possession of the land mentioned therein exclusively for the purpose of construction. The case of the petitioner is that he is putting up the construction in the land as mentioned in Annexure-A. Notwithstanding the same, the corporation has attempted or threatened to demolish the construction put up by the petitioner without any notice. Hence, the present petition. 2. On the other hand, Shri. Nitish K.N., learned counsel appearing for the respondents contends that the construction being put up is on a storm water drain. He relies on the statement of objections as well ay the photographs produced by him to substantiate the same. 3. However, on hearing learned counsels, I am of the considered view that appropriate reliefs requires to be granted. The case of the corporation is that construction is being put up in the corporation property without a plan sanction, etc. However, the petitioner relies on Annexure-A, to contend that they have been handed over possession of the property in question by an agency of the State, viz., Karnataka Industrial Area Development Board. Under these circumstances, the contention of the corporation cannot be accepted. 4. Based on the available material, it is needless to state that the petitioner is entitled to put up construction purely in accordance with law and to the extent as stated in Annexure-A to the writ petition. So far as the petition schedule property at Annexure-A is concerned, the Corporation can have no grievance in regard to the same and cannot object to the construction being put-up in accordance with law. Any construction put up outside that which is authorized by Law, the corporation is entitled to initiate proceedings with regard to same. Therefore, so far as the present petition is concerned, the possession of the land in question or the construction, in terms of the Annexure-A cannot be disturbed by the respondent-corporation.
Any construction put up outside that which is authorized by Law, the corporation is entitled to initiate proceedings with regard to same. Therefore, so far as the present petition is concerned, the possession of the land in question or the construction, in terms of the Annexure-A cannot be disturbed by the respondent-corporation. The writ petition is disposed off accordingly.