Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:2766 WP No. 10520 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 10520 OF 2021 (LB-BMP) BETWEEN:
1.
MR SIDDARAJ S/O SIDDEGOWDA, AGED 34 YEARS, RESIDING AT NO.34, VINAYAKA LAYOUT, 7TH CROSS, NAYANDAHALI, MYSORE ROAD, BANGALORE-560039. …PETITIONER (BY SRI. SUSHAL TIWARI N., ADVOCATE)
AND:
1.
THE COMMISSIONER BBMP N.R.CIRCLE, BENGALURU-560001.
2.
THE ASSISTANT EXECUTIVE ENGINEER CHANDRA LAYOUT SUB-DIVISION, BBMP, SHAKTHI SOUDHA, 2ND FLOOR, 4TH B MAIN, 13TH CROSS, M.C.LAYOUT, VIJAYANAGAR, BENGALURU 40 …RESPONDENTS (BY SRI. MONESH KUMAR K B., ADVOCATE)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE IMPUGNED ORDER BEARING NO. DATED 20.03.2021 ISSUED BY THE 2ND RESPONDENT HEREIN IS PRODUCED HEREWITH AS ANNEXURE-H, ETC.
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:2766 WP No. 10520 of 2021
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. The prayer in this petition is to quash the impugned
order dated 20.03.2021 passed under Section 321(1) of the Karnataka Municipal Corporations Act, 1976 - Annexure-H, whereby, it is contended that a mobile tower had been illegally erected and the same was required to be removed by the petitioner.
2.
Learned counsel for the petitioner files a memo enclosing a copy of the letter dated 28.06.2024 issued to him by the office of the Joint Commissioner, BBMP, West Zone, Bengaluru, in which, it is stated that petitioner has been granted permission, subject to conditions mentioned therein, to install the roof top poles for the purpose of installing a telecom tower, as had been requested by him vide letter dated 15.05.2024.
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NC: 2025:KHC:2766 WP No. 10520 of 2021
3. In my view, since the BBMP itself had accorded permission to the petitioner vide letter dated 28.06.2024 for installing the telecom tower, the impugned order at Annexure-H cannot be sustained and the same is quashed.
4. The writ petition is accordingly disposed of.
Sd/- (N S SANJAY GOWDA) JUDGE
PKS List No.: 1 Sl No.: 0