Illegal commercial structure: High Court directs BDA to take action against DVS

[email protected] (News Network)
October 20, 2012

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Bangalore, October 20: Karnataka High Court has directed the Bangalore Development Authority (BDA) to take action against former Chief Minister D.V. Sadananda Gowda and Food and Civil Supplies Minister D.N. Jeevaraj within three months for violating the terms and conditions of allotment of sites.

 

With this Mr Gowda is all set to lose his newly built commercial complex in the metropolitan city.

 

The court also quashed the building plans sanctioned by the Bruhat Bangalore Mahanagara Palike (BBMP) favouring the duo.

 

The provisions of agreement and the rules enable the BDA to cancel the allotment for violation of the terms and conditions of the allotment by issuing a prior notice to the allottees, besides forfeiture of 12.5 per cent from the deposit amount.

 

Moreover, the declaration signed by the allottees empowers the BDA to take back the site without paying any compensation for both the site as well as for any structure constructed on it.

 

A Division Bench comprising Justice D.V. Shylendra Kumar and Justice H.S. Kempanna passed the order on a public interest litigation (PIL) petition filed by K.G. Nagalaxmi Bai alleging that Mr. Gowda and Mr. Jeevaraj constructed structures in violation of the law on adjacent sites allotted to them at HSR Layout in the city.

 

The Bench noticed that though the BDA had rejected their request for amalgamation of their sites, Mr. Gowda and Mr. Jeevaraj had gone ahead and constructed a three-storey homogeneous structure in violation of the plans sanctioned by the BBMP in their respective sites.

 

After filing of the PIL in August 2011, the BBMP in October 2011 approved the modified plan for five floors having about five dwelling units, citing that such a plan was permissible as per the revised zonal regulations, the Bench said, while observing these actions were attempts to sustain the initial infraction in construction.

 

The Bench pointed out that as per Condition No. 4 of sale-cum-terms of agreement, the allottees can neither subdivide the site nor construct a structure having more than one dwelling unit. Though the BBMP might not be aware of these terms and conditions at the time of approving the plans, the allottees were fully aware.

 

The Bench also noted that authorities, who were expected to take corrective action in such an instance, perhaps didn't given the antecedents of the allottees.


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News Network
September 20,2024

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New Delhi: The Supreme Court today sought a report from the Karnataka High Court over controversial remarks made by Justice Vedavyasachar Srishananda during a recent court hearing.

Justice Srishananda, while addressing a landlord-tenant dispute, referred to a Muslim-majority area in Bengaluru as "Pakistan" and made a misogynistic comment involving a woman lawyer. 

A five-judge bench led by Chief Justice of India DY Chandrachud, along with Justices S Khanna, B R Gavai, S Kant, and H Roy, expressed the need for establishing clear guidelines for constitutional court judges regarding their remarks in court. 

The Supreme Court bench said that when social media plays an active role in monitoring and amplifying courtroom proceedings, there is an urgency to ensure judicial commentary aligns with the decorum expected from courts of law.

"Our attention has been drawn to some comments made by Karnataka High Court judge Justice V Srishananda during the conduct of judicial proceedings. We have asked the AG and SG to assist us. We ask the registrar general of the High Court to submit a report to this court after seeking administrative directions from the Chief Justice of Karnataka High Court. This exercise may be carried out in 2 weeks," the top court directed.

Videos of Justice Srishanananda have gone viral on social media.

In one video, he refers to a Muslim-dominated locality in Bengaluru as "Pakistan" and on another video he was seen making objectionable comments against a woman lawyer. In the second incident, Justice Srishanananda can be heard telling the woman lawyer that she seemed to know a lot about the "opposition party", so much so that she might be able to reveal the colour of their undergarments.

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News Network
September 16,2024

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In a heart-breaking incident, 19-year-old Shaun D'Souza, a native of Vittalwadi in Udupi's Kundapur taluk, tragically lost his life in the UAE due to heat stroke.

Shaun, the beloved son of Elias Cyril D'Souza and Pramila D'Souza, originally from Hosabettu, Moodbidri, had been pursuing his college education in the UAE.

He was admitted to a hospital in Ras Al Khaimah, approximately 115 km from Dubai, after collapsing from heatstroke. Despite receiving immediate medical attention, Shaun breathed his last on Sunday, September 15. 

He is deeply mourned by his parents and two siblings. The family, who had been residing near St. Mary's Church in the UAE, are grappling with the profound loss. Shaun’s father, Elias, works as a manager for a private company, while his mother, Pramila, is an accountant.

The local community has come together to offer their support and condolences in this time of sorrow.

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News Network
September 16,2024

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Mangaluru: Police have arrested five miscreants belonging to saffron outfits for pelting stones at a masjid at Katipalla near Surathkal on the outskirts of the city last night. 

The arrested have been identified as Bharat, Chennappa, Nitin, Manu and Sujit all residents of Surathkal and surrounding areas. Among them, Bharat is said to be a rowdy sheeter. 

The miscreants, who came on two motorbikes late on Sunday night, pelted stones at Masjidul Huda, located at 3rd block of Katipalla on the eve of Miladunnabi.  

Confirming the incident, City Police Commissioner Anupam Agrawal said that investigation is in progress and a case has been registered at Surathkal police station.

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