Case Note & Summary
The case involves a batch of writ appeals filed by 15 shopkeepers (appellants) against the Commissioner of the City Municipal Council, Mudhol, challenging the demolition of their shops located in Basava Sankeerna, Mevin Bazaar, Mudhol. The appellants had constructed shops without obtaining any building license or permission from the municipal council. The council issued a notice under Section 321 of the Karnataka Municipal Corporations Act, 1976, and subsequently demolished the shops. The appellants filed writ petitions before the learned Single Judge, which were dismissed. Aggrieved, they filed the present writ appeals. The appellants argued that they were not given an opportunity of hearing before the demolition and that they had been carrying on business for a long time. The respondent council contended that the constructions were unauthorized and that the appellants had no right to carry on business in such constructions. The Division Bench of the High Court, consisting of Dr. Justice Vineet Kothari and Dr. Justice H.B. Prabhakara Sastry, heard the appeals. The court observed that the appellants had not obtained any license or permission from the council and that the construction was illegal. The court held that even if there was a violation of natural justice, the appellants had no right to continue in unauthorized constructions. The court noted that the appellants had not challenged the notice under Section 321 and that the demolition was justified. The court dismissed the appeals, upholding the demolition. The court also directed that the appellants may approach the council for regularization if permissible under law, but no interim relief was granted.
Headnote
A) Municipal Law - Unauthorized Construction - Building License - Sections 288, 321 Karnataka Municipal Corporations Act, 1976 - The appellants constructed shops without obtaining building license or permission from the City Municipal Council, Mudhol. The Council issued notice under Section 321 of the Act and demolished the shops. The appellants challenged the demolition. Held that the appellants were not entitled to any relief as they had no right to carry on business in unauthorized constructions. The court observed that the appellants had not obtained any license or permission and the construction was illegal. (Paras 1-10) B) Municipal Law - Natural Justice - Right to Hearing - The appellants contended that they were not given an opportunity of hearing before demolition. The court held that even if there was a violation of natural justice, the appellants had no right to continue in unauthorized constructions. The court noted that the appellants had not challenged the notice under Section 321 and the demolition was justified. (Paras 5-8) C) Municipal Law - Demolition - Section 321 Karnataka Municipal Corporations Act, 1976 - The Council issued notice under Section 321 and demolished the shops. The court upheld the demolition, stating that the Council was justified in taking action against unauthorized constructions. The court dismissed the appeals. (Paras 1-10)
Issue of Consideration
Whether the shopkeepers who constructed shops without obtaining building license or permission from the municipal council are entitled to any relief against the demolition of such unauthorized constructions.
Final Decision
The writ appeals are dismissed. The demolition of the shops by the City Municipal Council, Mudhol, is upheld. No order as to costs.
Law Points
- Unauthorized construction
- Building license
- Demolition
- Natural justice
- Right to hearing
- Karnataka Municipal Corporations Act
- 1976
- Sections 288
- 321
