PRESENT THE HON'BLE MR N v. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT APPEAL NO
Case Details
- 1 - NC: 2025:KHC:3944-DB WA No. 60 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT APPEAL NO. 60 OF 2025 (LB-BMP) BETWEEN: 1. SRI. VIJAY KUMAR S. BHANSALI S/O. SRI. SAKAL CHAND' BHANSALI AGED ABOUT 63 YEARS R/AT. NO.4, 1ST FLOOR MATHRU KRUPA APARTMENT 4TH CROSS N.S. IYENGAR STREET, SESHADRIPURAM BANGALORE-560 020. Digitally signed by H K HEMA Location: High Court of Karnataka
Legal Reasoning
2. SRI. MAHAVEER KUMAR S/O. SRI. JUGRAJ JAIN AGED ABOUT 44 YEARS R/AT. NO.3, 2ND FLOOR NAGARTHPET LANE NAGARTHPET CROSS BANGALORE-560 002. 3. SMT. SUSHEELA BAI W/O. SRI. VIJAY KUMAR S. BHANSALI AGED ABOUT 61 YEARS R/AT. NO.4, 1ST FLOOR MATHRU KRUPA APARTMENT - 2 - NC: 2025:KHC:3944-DB WA No. 60 of 2025 4TH CROSS, N.S. IYENGAR STREET SESHADRIPURAM BANGALORE-560 020. 4. SRI. MAHENDRA KUMAR S/O. SRI. JUGRAJ JAIN AGED ABOUT 46 YEARS R/AT. NO.3 2ND FLOOR NAGARTHPET LANE NAGARTHPET CROSS BANGALORE-560 002. 5. SMT. PRAVEENA JAIN W/O. SRI. MAHENDRA KUMAR AGED ABOUT 45 YEARS R/AT. NO.03, 3RD FLOOR MAKALAPPA LANE NAGARTHPET CROSS BANGALORE-560 002. 6. SRI. ARAVIND BHANSALI S/O. SRI. KAILASH BHANSALI AGED ABOUT 35 YEARS R/AT. NO.16, FLAT NO.202 M.M.V. ROAD V.V. PURAM VASAVI TEMPLE ROAD CROSS BANGALORE-560 004. 7. SMT. SEEMA BHANSALI W/O. SRI. ARAVIND BHANSALI AGED ABOUT 36 YEARS R/AT. NO.16 FLAT No.202 M.M.V. ROAD, V.V. PURAM - 3 - NC: 2025:KHC:3944-DB WA No. 60 of 2025 VASAVI TEMPLE ROAD CROSS BANGALORE-560 004. 8. SRI. SOHANLAL S/O. LATE MUNNILALJI AGED ABOUT 62 YEARS R/AT. NO.101, 1ST FLOOR COMFORT CASTLE OPP: METLIFE INSURANCE COMPANY V.V. PURAM BANGALORE-560 004. 9. SRI. JUGRAJ S/O. SRI. RIKAB CHAND AGED ABOUT 62 YEARS R/AT. NO.920-921 NAGARTHPET, OTC ROAD BANGALORE-560 002. 10. SMT. MEENA DEVI W/O. SRI. PAWAN RAJ AGED ABOUT 48 YEARS R/AT. NO.18/201, 2ND FLOOR MADRASAB LANE MANAVATHIPET, CHICKPET BANGALORE-560 053. 11. SRI. PAWAN RAJ S/O. SRI. DESH RAJ AGED ABOUT 50 YEARS R/AT. NO.18/201, 2ND FLOOR MADRASAB LANE MANAVATHIPET CHICKPET BANGALORE-560 053. - 4 - NC: 2025:KHC:3944-DB WA No. 60 of 2025 12. SMT. BHARATHI W/O. SRI. MAHAVEER KUMAR AGED ABOUT 45 YEARS R/AT. NO.3, 2ND FLOOR MAKALLAPPA LANE NAGARTHPET CROSS BANGALORE-560 002. THE APPELLANTS 1 TO 12 ARE REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI. BHAVESH KUMAR S/O SHRI. DINESH KUMAR. (BY SRI. M.S. SHYAMSUNDAR, SR. ADVOCATE ALONG WITH MS. VANDANA P.L.,ADVOCATE) …APPELLANTS AND: 1. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE BENGALURU-560 001. 2. THE ZONAL COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE V.V. PURAM BENGALURU-560 004. (BY SRI. B.S. KARTHIKEYAN, ADVOCATE) …RESPONDENTS
Decision
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE APPEAL AND MODIFY THE INTERIM ORDER DATED 30.12.2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WRIT PETITION NO.35296/2024 (VIDE IMPUGNED ORDER) TILL THE DISPOSAL OF THE WRIT PETITION (VIDE ANNEXURE-E TO THE WRIT PETITION), ETC. IN WRIT PETITION NO.35296/2024 - 5 - NC: 2025:KHC:3944-DB WA No. 60 of 2025 THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE M.I.ARUN) Aggrieved by the interim order dated 30.12.2024 passed in Writ Petition No.35296 of 2024, the petitioners therein have preferred this appeal. 2. The petitioners-appellants are said to be the owners of the property bearing No.2, Vasavi Temple Road, V.V.Puram, Ward No.143. On the ground that they have put up a building in violation of the sanctioned plan and the building byelaws, respondent No.2 herein passed an order dated 20.02.2024 and initiated action as per Section 356(1) of the Bruhat Bengaluru Mahanagara Palike Act, 2020. The said order was challenged by the petitioners by filing an appeal before respondent No.1, which has been dismissed. Aggrieved by the same, Writ Petition No.35296 of 2024 has been filed by the petitioners therein which is pending. - 6 - NC: 2025:KHC:3944-DB WA No. 60 of 2025 However, the learned Single Judge has passed an interim order dated 30.12.2024 which reads as under: "Sri. B. Vachan, learned counsel is requested to take notice for the respondents. Learned counsel to serve sufficient copies of writ petition papers on the aforementioned learned counsel within one week and file proof of such service. the petitioner for Learned counsel appearing for the petitioners seeks for grant of interim relief and submits that allthough the Appellate Authority / Chief Commissioner has noticed in his order dated 21.09.2024 that the service has been improperly made, by the subsequent order dated 16.11.2024 (Annexure-H) the writ to petition, dismissed the appeal of the petitioner. It is forthcoming that in respect of the stilt, ground, first and second floors, deviation is alleged against the construction put up by the petitioner. The third and fourth floors have been constructed illegally. In view of the aforementioned, ad-interim stay as prayed for only in respect of the stilt, ground, first and second floors. It is made clear that respondent-authority is permitted to proceed further in accordance with law with respect to the third and fourth floors. Liberty is reserved to the petitioners to seek for compounding of the illegal construction made and if such request is made, the authorities shall consider the same in accordance with law." - 7 - NC: 2025:KHC:3944-DB WA No. 60 of 2025 3. Not satisfied by the aforementioned interim order granted on 30.12.2024, the present writ appeal is filed with the following prayers: "WHEREFORE, the appellants most humbly pray that: 1. This Hon'ble Court be pleased to allow the appeal and modify the interim order dated 30.12.2024 passed by the learned Single Judge of this Hon'ble Court in Writ Petition No.35296/2024 (Vide impugned order) till the disposal in the writ W.P.No.35296/2024 (Vide Annexure E to the writ petition) and petition of 2. Pass such other order as deemed fit by this hon'ble court in the interest of justice and equity." 4. Admittedly, the dispute pertains to construction of a building which is alleged to have been done in violation of the sanctioned plan and the building byelaws. If the same is true, then the illegal construction cannot be saved and the same will have to be demolished. Under the given facts and circumstances of the case, the learned Single Judge has directed the authorities concerned to proceed further in accordance with law with respect to third and fourth floors of the building and has granted ad interim stay as prayed for in respect of stilt, ground, first and second floors. Further, liberty is reserved to the petitioners-appellants to seek - 8 - NC: 2025:KHC:3944-DB WA No. 60 of 2025 compounding of the illegal construction made, if the same is permissible in law and upon such a request, the authorities are directed to consider the same in accordance with law. We do not see any error in the order passed by the learned Single Judge. However, it is noticed that time has not been granted to the petitioners to make a representation for compounding of the illegal construction and for consideration of the same by the authorities concerned. In our opinion, interest of justice would be met if a week's time is granted to the petitioners-appellants to make a representation to the respondents-authorities seeking compounding of the illegal construction in accordance with law, if the same is permissible and further four weeks' time is granted to the authorities to consider the same in accordance with law, with a direction to the authorities concerned not to take any precipitative action till then. Hence, the following: ORDER (i) A week's time from today is granted to the petitioners-appellants to make a representation to the respondents-authorities seeking compounding of the illegal construction, if any made on the property, which is the subject matter of the writ petition and if the same is permissible in law; - 9 - NC: 2025:KHC:3944-DB WA No. 60 of 2025 (ii) The respondents shall consider the said request within four weeks thereafter and take appropriate action in respect of the third and fourth floors of the property concerned; (iii) Till such a decision is taken, no precipitative action shall be initiated by the respondents against the petitioners-appellants; (iv) The interim order dated 30.12.2024 passed by learned Single Judge in Writ Petition No.35296 of 2024 shall stand modified accordingly; (v) The writ appeal stands disposed of accordingly. In view of disposal of the appeal, pending interlocutory applications, if any, stand disposed of; (vi) It is made clear that this order pertains only to modification of the interim order dated 30.12.2024 passed in Writ Petition No.35296 of 2024 and it will not effect the further orders to be passed in Writ Petition No.35296 of 2024. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 76