High CourtsSingle Bench(2005) 11 KAR CK 0013

Smt. Saraswatidevi vs Town Municipal Council

Karnataka High Court · Decided on 28 November 2005 · Citation: (2008) 4 KarLJ 586

HON’BLE JUDGES
Ram Mohan Reddy, J
CASE NUMBER
Writ Petition No. 29714 of 2004

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Judgment

4 paragraphs · 191 words

Ram Mohan Reddy, J.—The petitioner having put up a construction of a building on a piece of land owned by her, after securing necessary sanction from the respondent-Council, under the Karnataka Municipalities Act, 1964, was issued with a notice dated 16-7-2004, Annexure-H, by the respondent, calling upon her to demolish the building within 7 days, on the ground that the construction was on a public park. Hence this petition.

2.

Indisputably, the impugned notice calls upon the petitioner to demolish the building, which cannot be termed a "notice" but is an order directing demolition of the construction erected by the petitioner. The petitioner undoubtedly was not issued with a notice of the proceedings and the order passed by the Lokayukta nor extended an opportunity of hearing to the petitioner to have her say in the matter.

3.

At this stage learned Counsel for the respondent submits that the authority would extend an opportunity of hearing to the petitioner and thereafter take action in accordance with law and would not enforce the impugned notice.

4.

Recording the submission of the learned Counsel for the respondent the writ petition is accordingly disposed off.