- 1 - 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, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6050 WP No. 3064 of 2025 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. - 3 - NC: 2025:KHC:6050 WP No. 3064 of 2025 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. - 4 - NC: 2025:KHC:6050 WP No. 3064 of 2025 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. - 5 - NC: 2025:KHC:6050 WP No. 3064 of 2025 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