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Judgment
N. V. Anjaria, CJ
Heard learned advocate Mr. M. Koushik for learned advocate Smt. S. Aruna Kumari for the petitioner.
Projecting himself to be a public spirited person, the petitioner has filed the present petition in the nature of public interest litigation making grievance about the alleged coming up of illegal commercial establishment and eateries in the residential area where the petitioner is one of the residents. It is stated that dehors the plan and without approval of plan, those constructions have been permitted by the authorities which result into deprivation of healthy atmosphere free from pollution for the inhabitants in the nearby area. It was urged that right to live in healthy environment is a fundamental right. It was submitted that, also situated in the surrounding area are temples, playgrounds and cultural associations which activities would also suffer if the establishments are permitted in unregulated manner.
It is stated that the petitioner has made a representation to the Bruhat Bengaluru Mahanagara Palike (BBMP) and that even copies of the sanctioned plans were asked for. However, the mushrooming of allegedly illegal commercial establishments etc., are not stopped.
It is to be noticed that the petition makes general allegations and the pleadings do not contain specific instances of the buildings which may have come up in violation of the building bye-laws and plans. Be that as it may.
In the totality of facts and circumstances and the representation dated 12.04.2024 of the petitioner which is pending on the very subject, the Competent Authority is directed to consider and decide the said representation. The Competent Authority may also look into whether in any specific case, violation of bye-laws has occurred.
Out of the two reliefs prayed for by the petitioner, one for consideration of the representation and another for demolition of the construction illegally put, the second prayer could not be granted for, again, it is the domain of the respondent-authorities in particular, BBMP, to look into the grievance and stop the construction, if found to be illegally carried on in individual cases.
Therefore, this petition is disposed of with the above direction requiring the Competent Authority of the respondents to consider the representation of the petitioner and if, on facts, it is found necessary, to take appropriate measures in accordance with law.