ABDUL LATHIF Vs. CORPORATION OF THE CITY OF BANGALORE

JUDGEMENT

(1.) In this petition under Art. 226 of the Constitution, the petitioner has challenged the Notice No. LPEAE/3419/78-79 dated 6 8-1979 issed by respondent No. 2 (Exhibit C).

(2.) Among others the petitioner is the owner of site bearing No. 67-A1 situated at Queens Road, Bangalore City. Some time in 1971 the petitioner applied to respondent No. 1 for a licence to construct a residential building on the said site. In accordance with the provisions of the City of Bangalore Municipal Corporation Act, 1949 (hereinafter referred to as 'the 1949 Act'), which was then in force, and the building bye-laws framed thereunder, espondent No. 1 granted a licence to the petitioner to construct a residential building on the said site. Sometime in 1971/ 1972, the petitioner completed the construction of the building in conformity with the licence granted to him by respondent No. 1.

(3.) On 9 -10-1978, the petitioner applied to the Commissioner of the Corporation of the City of Bangalore (hereinafter leferred to as 'the Commissioner') for a licence to con truct a first floor on the existing building of site No. 67-A1. On an examination of the said application made by the petitioner, the Assistant Engineer, Ulsoor Range, who had been delegated with the powers to sanction building licences under S. 66 of the Karnataka Municipal Corporations Act, 1976 (hereinafter referred to as 'the 1976 Act') that came into force on 1-6 -1977 repealing the 1949 Act, granted a building licence to the petitioner on 19-12 -1978 to construct the first floor. In pursuance of the said license, the petitioner started the construction of the first floor and had made considerable progress in the construction of the building. At that stage some neighbouring owners of the building represented to the Commissioner that the licence granted by the Assistant Engineer violated the building licence bye-laws of the Corporation and the same should, therefore, be cancelled. On those represecntations, the Commissioner inspected the building and made an order on 29-7-1979 to revoke the licence granted by the Assistant Engineer. In pursuance of that order, respondent No. 2 has issued the impugned notice to the petitioner.