Sri. M K Dwarakanath vs. The Commissioner
Held
The Court held that a plan sanction must be complied with in its entirety, and constructing a second floor without necessary modifications to lower floors is illegal. It also held that a trade license is mandatory for commercial activities, irrespective of GST registration or drug license, especially in a residential zone with road width restrictions.
Facts
The petitioners constructed a second floor without carrying out required alterations to the existing floors and staircase, violating the sanctioned plan. Additionally, one petitioner sought to operate a wholesale pharmaceutical business in a residential area without a trade license.
Key Issues
Whether construction of a second floor without adhering to all conditions of the plan sanction is illegal, and whether a trade license is required for commercial activity in a residential area despite other registrations.
Sections Cited
Section 321, Section 308, Section 353, Regulation 4.1.2
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Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
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NC: 2023:KHC:44726 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2023 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 6849 OF 2020 (LB-BMP) C/W WRIT PETITION NO. 21906 OF 2021(LB-BMP)
IN W.P.NO.6849/2020 BETWEEN
SRI. M K DWARAKANATH SON OF LATE DR M N KRISHNAMACHAR AGED ABOUT 53 YEARS, OCCUPATION PRIVATE SERVICE RESIDING AT NO.177/B 19TH MAIN, SUBRAMANYA NAGAR OPP KARIMARIYAMMA TEMPLE BENGALURU-560021
SRI M K VENKATESH SON OF LATE DR M N KRISHNAMACHAR AGED ABOUT 50 YEARS, OCCUPATION PRIVATE SERVICE RESIDING AT NO.177/B 19TH MAIN, SUBRAMANYA NAGAR OPP KARIMARIYAMMA TEMPLE BENGALURU-560021 ...PETITIONERS
(BY SRI: KANTHARAJU N.K., ADVOCATE)
AND
THE COMMISSIONER,
BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE BENGALURU-560002. NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA NC: 2023:KHC:44726
THE ASSISTANT EXECUTIVE ENGINEER MALLESHWARAM SUB DIVISION BBMP 11TH CROSS, EAST
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