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2025 DAILYLAW 55044 (KAR)

FIRST BLOCK ORGANIZATION OF RESIDENTS FOR CLEAN ENVIRONMENT (FORCE) v. THE CHIEF COMMISSIONER

WP/20457/2024 · 2025-07-29

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29211 WP No. 20457 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.20457 OF 2024 (LB-BMP) BETWEEN: 1. FIRST BLOCK ORGANIZATION OF RESIDENTS FOR CLEAN ENVIRONMENT (FORCE) HAVING ITS REGISTERED OFFICE AT "SRI RAMA MANDIRA", 5TH CROSS, 10TH C MAIN, JAYANAGAR, 1ST BLOCK, BENGALURU-560 011 REPRESENTED BY ITS SECRETARY DR. R RAGHUNATH 2. T VINAY KUMAR, S/O T SURYANARAYANA RAO, AGED ABOUT 57 YEARS, RESIDING AT NO.254, "VISHAKHA" 7TH CROSS, 1ST BLOCK, JAYANAGAR, BENGALURU-560 011. 3. N D BELAVADI, S/O B A DASAPPA, AGED ABOUT 78 YEARS, RESIDING AT NO.291, 7TH CROSS, 1ST BLOCK, JAYANAGAR, BENGALURU-560 011. 4. SAIRAM V S/O K VENKATRAM, AGED ABOUT 45 YEARS, RESIDING AT NO.429/46, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29211 WP No. 20457 of 2024 7TH CROSS, 1ST BLOCK, JAYANAGAR, BENGALURU-560 011. 5. BAHUBALI CHIKKANNAIAH, S/O. CHIKKANNAIAH, AGED ABOUT 73 YEARS, RESIDING AT NO.450, 7TH CROSS, 1ST BLOCK, JAYANAGAR, BENGALURU-560 011. …PETITIONERS (BY SRI. HIRAN KRISHNASWAMY, ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE (BBMP), N.R. SQUARE, BENGALURU, KARNATAKA-560 002, INDIA. 2. THE ZONAL COMMISSIONER, BRUHATH BENGALURU MAHANAGARA PALIKE (BBMP), BANGALORE SOUTH ZONE, N.R. SQUARE, BENGALURU, KARNATAKA-560 002, INDIA. 3. THE JOINT COMMISSIONER, BRUHATH BENGALURU MAHANAGARA PALIKE SOUTH, 8, 9TH CROSS ROAD, 2ND BLOCK, JAYANAGAR, BENGALURU, KARNATAKA-560 011. 4. THE ASSISTANT DIRECTOR TOWN PLANNING (SOUTH), BBMP COMPLEX, 9TH CROSS, 9TH MAIN ROAD, JAYANAGARA 2ND BLOCK, BENGALURU, KARNATAKA - 560 011. 5. THE ASSISTANT EXECUTIVE ENGINEER - 3 - HC-KAR NC: 2025:KHC:29211 WP No. 20457 of 2024 BRUHATH BENGALURU MAHANAGARA PALIKE, 2ND BLOCK JAYANAGAR, BENGALURU, KARNATAKA - 560 011. 6. THE EXECUTIVE ENGINEER, WARD NO.163(OLD WARD 153), BRUHATH BENGALURU MAHANAGARA PALIKE (SOUTH ZONE), JAYANAGAR, BENGALURU, KARNATAKA - 560 011. 7. THE EXECUTIVE ENGINEER (ELE.) - S1 DIVISION, BESCOM, 23RD MAIN ROAD, 27TH CROSS, BANASHANKARI 2ND STAGE, BENGALURU, KARNATAKA - 560 070. 8. M/S MARVELLA BUILDTECH, NO.5, 6TH CROSS ROAD, 1ST BLOCK, JAYANAGAR, BANGALORE-560 041, REPRESENTED BY PROPRIETOR SANDESH N. …RESPONDENTS (BY SRI. SANJEEV B L., ADVOCATE FOR R.1 TO R.6; SRI T.S. VENKATESH, ADVOCATE FOR R.7; SRI. MANJUNATH K.V., ADVOCATE FOR R.8.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO INITIATE ACTION UNDER SECTION 356(2) OF THE BBMP ACT, 2020 AGAINST THE RESPONDENT NO.8 AND DEMOLISH THE CONSTRUCTION PUT UP ILLEGALLY IN CONTRAVENTION OF THE SANCTION PLAN, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO - 4 - HC-KAR NC: 2025:KHC:29211 WP No. 20457 of 2024 CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. Respondent No.8 is said to be the owner of the writ petition schedule property. On the ground that respondent No.8 is putting up construction illegally on the same, the petitioners who claim to be the neighbors of respondent No.8 have filed the instant writ petition with a prayer to direct the respondent-Bruhat Bengaluru Mahanagara Palike ('BBMP' for short) to initiate action against respondent No.8. 2. Learned counsel for the respondent-BBMP, upon instructions, submits that proceedings have been initiated against respondent No.8 and it will be taken to its logical end. 3. A perusal of the papers indicate that indeed action has been initiated by BBMP against respondent No.8. - 5 - HC-KAR NC: 2025:KHC:29211 WP No. 20457 of 2024 However, it is submitted by the petitioners that BBMP has been lethargic in acting against respondent No.8, which constrained them to file the writ petition. 4. As already BBMP has initiated action against respondent No.8 in the manner known to law and the present writ petition is filed for a direction to BBMP to initiate action against respondent No.8, the writ petition is hereby disposed of with a direction to the respondent- BBMP to decide the matter pertaining to illegal constructions, if any, put up on the writ petition schedule property as expeditiously as possible. BBMP is at liberty to hear all the stakeholders concerned in order to take a decision. Pending IAs., if any, stand disposed of. SD/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 67