HC stays BBMP orders to revoke building permission to math

HC stays BBMP orders to revoke building permission to math

A civic amenity site in Girinagar where the Ramachandrapura math is undertaking an illegal construction. DH FILE PHOTO

The Karnataka High Court has stayed the BBMP commissioner's order cancelling the building plan and khata certificates issued on a civic amenity site to the Ramachandrapura Math, until the next date of hearing.

The court also censured the BBMP officials, while observing that the Palike commissioner is not authorised to decide on land ownership.

In a petition challenging the BBMP commissioner's orders, the Shree Samasthana Gokarna Shree Ramachandrapura math said the property belonged to the Writers and Artists Housing Building Cooperative Society Limited (now Vishwa Bharati House Building Cooperative Society).

The math argued before Justice B Veerappa that clear ownership papers existed in the form of three registered sale deeds, allotting the land to it by the cooperative society in 1975. The math applied for the khata certificate for the land with the BDA in 2011. After communication from the BDA, the BBMP issued the khata certificate. But on April 7, the BBMP cancelled both the khata certificate and the building plan.

In the petition, the math accused the commissioner of acting beyond his jurisdiction with malicious intent.

Acknowledging the presence of clear ownership papers for the property — the site for sale in 1975 — the court regretted the BBMP's decision to cancel the documents despite the proof.

It further observed that it is unlikely that the BBMP required such a long time to serve the order to the math, on April 22, while it was issued on April 7.

The court also issued notices to all respondents in the case.