The High Court of Karnataka has directed the Karnataka Appellate Tribunal to try within nine months to a year to dispose of the cases which question the orders passed by the Bruhat Bengaluru Mahanagara Palike (BBMP) for demolition of illegal structures. .
“The Tribunal shall endeavor to expedite disposal of the cases filed before it, in particular, relating to the issue of notices under section 321 of the Karnataka Municipal Corporation (KMC) Act, 1976 or section 248 of the BBMP Act, 2020, for any At the same rate, within nine months to one year from the date of registration of such cases,” the court said.
Justice M. Nagaprasanna passed the order observing that the court had faced proceedings pending before the tribunal for five to seven years in several cases.
“If an illegal construction is brought into the premises of BBMP and notices are issued against such illegal construction, the Tribunal should decide such cases at the earliest, as the purpose for which the notices are issued is completely of time will be lost by lapse,” the court observed.
The court also directed the tribunal not to unnecessarily dismiss the applications filed by the complainants, if the proceedings before the tribunal are the result of a complaint filed by such complainants, and that every complainant should seek such prosecution. Don’t take this to court.
“The Tribunal refuses to allow the complainant to appear on record on certain specific petitions, due to which the writ petitions are being filed before this Court,” it pointed out.
The court issued this direction on a petition from Shivprasad Nawada, resident of Koramangala, the ninth main, third block of the city. The petitioner had questioned the order of the tribunal which had dismissed his plea to participate in the proceedings, in which persons carrying out the alleged illegal construction had questioned the notice issued by the BBMP in 2017 under the KMC Act.
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