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Judgment
The present writ petitions have been filed by the petitioners with the following prayers:-
a) Issue a writ in the nature of Mandamus and/or any such/other writ order or order directing the 1st Respondent to take necessary steps to
ensure that all construction activities carried out by the 2nd Respondent is in compliance with the Sanctioned Plan bearing number
AD.Com/EST/0433/16-17 dated 04- 01-2017 vide Annexure -G.
b) Issue a writ in the nature of Mandamus and/or any such/other writ order or order directing the 1st Respondent to take necessary steps to
demolish any construction that is not in compliance with the Sanctioned Plan bearing number AD.Com/EST/0433/16-17 dated 04-01-2017 vide
Annexure-G.
c) Grant costs and pass such other/further orders as this Hon''ble Court deems fit in light of the facts and circumstances of the case in the interest of
justice and equity"".
Since the impugned illegal construction was being raised by a Government Company namely, the ''Karnataka State Warehousing Corporation
(KSWC)'', this Court expressing its concern in the matter, issued notice to the Respondents namely, the BBMP and KSWC vide order dated
06.12.2017 and directed the Respondents to maintain the status-quo of the construction.
The learned counsel appearing for the Respondent-Warehousing Corporation Mr.Chithappa submits that though the three sheds have been
constructed by the Respondent-Warehousing Corporation in accordance with the sanction plan by the BBMP, in the last fourth shed, some public
toilets have been constructed by the Respondent-Warehousing Corporation for use of the public persons visiting the said Respondent-
Warehousing Corporation in the set back area left by the Respondent-Warehousing Corporation. He fairly submitted that let the Respondent-
BBMP Authorities carry out the survey of the impugned construction and if the deviations of the construction is within the permissible limits for
regularization, the Respondent-Warehousing Corporation may be allowed for seeking regularization of the same and if, however any such alleged
unauthorized construction in the set back area is found to be beyond the permissible limits by the Respondent-BBMP, the Respondent-
Warehousing Corporation undertakes to remove the impugned construction immediately at its own costs and to fall in conformity with the sanction
plan itself.
The learned counsel for the Respondent-BBMP Mr.V.Sreenidhi has fairly agreed to the said proposal and so also by the learned counsel for the
petitioners agrees to the said proposal and for disposal of the writ petitions.
However, the learned counsel for the petitioners Mr.K.Arun Kumar has submitted before the Court that the Respondent-Warehousing
Corporation has gone ahead with the construction in the set back area despite the interim order passed by this Court on 06.12.2017 and for the
alleged breach of the orders of this Court, he has filed the Contempt Petition in this Court in C.C.C. No.2185/2017, which is pending in this
Court.
This submission is however refuted by the learned counsel for the Respondent-Warehousing Corporation.
However, at this stage, the violation of the Interim order of this Court is not examined in view of the aforesaid statement made by the learned
counsel on behalf of the Respondent-Warehousing Corporation and therefore, the present writ petitions are disposed of with a direction to the
Respondent-Warehousing Corporation and BBMP to carryout the inspection of the impugned construction in question after taking into confidence
of the present petitioners also within four weeks from today and prepare the Report of the alleged construction to ascertain, as to whether the
impugned construction in the set back area of the toilets by the Respondent- Warehousing Corporation is within the permissible limits for
regularization or not.
This Court takes on record the Undertaking of the learned counsel of the Respondent-Warehousing Corporation (KSWC) that in case, the
impugned construction is found to be beyond the permissible limits, then they will remove the impugned construction forthwith. Though the writ
petitions are being disposed of by this order today, the compliance report by the Respondents along with the relevant Survey Report be furnished
with reference to this case within a period of eight weeks from today.
With these observations, the writ petitions are disposed of. No costs.