F IN THE HIGH COURT OF KARNATAKA AT BANGALORE Dated this the 26th Day of May 1998 BEFORE THE N’BLE MA, JUSTICE CHANDRASHEKARAIAH WRIT PET TION NO 2461/1997 Between: 1, Sri.P.D.Nayak, S/o,Late Pangal Sridhar Nayak, Aged about 72 years 0 by GPA holder. 2. Srnt,P,Usha Nayak, W/o.Sri .P .D.Nayak, Aged about 64 years 0 by GPA holder 0 8 oth residing at “Nandini”, Kathriguppa Village, Poornapragna Nagar, Bangalore 560 085, 3, M/S.kyIine Constructions Pvc, Ltd., having its office at Unit II, 1st Floor, St,Patrick’s Business Complex, Museum Rojid, Bangalore — 560 025, ky its Director, Cantiel Prabhu, major. 4. M/ 5 . Skyline Builders Put, Ltd., having its office at Unit 11, 1st F1c,gr, St.Patrick’ s Business Complex, Museum Rod, Bangalore — 560 025, by its Director, Cannel Prabhu, major. , S 5, Smt,Carmei Prabhu, w/o, Sri ,Peter J .R,Prabhu, Aged about 45 years 6, Sri Peter J,R,Prabhu, S/o,Late M,P,P, Rodrigues, Major, Petitioners S and 6 are nesiding at No.7c, Kalmane, Lavelle Road, Bangalore 560 001.. 7. M/S.Apoilo Impex Pvt, Ltd., having its office at Unitl1, 1st Floor 1 St,Patricks Business Comp1ex, Museum Road, Bangalore 560 025. by its Director Peter J,R,Prabhu, major. 8, M/S,Ajantha Sea Foods Pyt, Ltd., having ts office at Unit—Il, 1st Floor, St,Patrick s Bustness Complex, Museum Road, 1.iangalore — 560 025, by its Director Peter J,R,Prabhu, major, 9, omt,Kanaka ‘.Nnyak, w/o,Late Vijaya Shankar Nayak , Aged about 45 years 0 Residlng at “Nandini”, Kathriguppa Village, Poornapragna Nagar, Bangaiore 560 085, by SPA holder Babtist D’Souza, 10, M/5 ,winfield Enterprises Pvt, Ltd., having its office at No,243/2, Borewell Road, whitefield, Bangalore — 560 066, by its Director, ,,,PE2.iTl0tflRS 18y MIS, Kumar i Kuaar, Advs,) , , , —j — And: 1, The Coiwnissioner, Corporation of the City of Bangalore, N ,R,Square, Bangalore — 560 002. 2. The ssistant Executive nqineer and Dele4ated .Authorfty of Commissioner, Bangalore Hahanagara Palike, N.R.Square, Bangalore — 560 002. .,.RESPONDENTS (By Sri,Nuniyappa, Adv) * 4 S 4 This Writ Petition is filed under Articles 226 and 227 of the Constitution of India with a prayer to qua.sh vide Annexure dt,16.12,96 and Annexure tNt dt.30.l2.1996 by R—2, Tins WrIt Petition coming on for resfminary Hearing in ‘B’ Group this day, the Court made the following: ORDER The petitioners in this Writ Petition have challenged the order passed by the Corporation under Section 321(3) of the Karnataka Municipal Corpora tion. Act. After gc.ino through the order of the Corporation, I find the orporation has * * —4— not specified what is the deviation in the con C— structl.on from the efl4ed . plan, If that is so, the order canno..t be said to be a speaking order, Therefore, in my opfnion, the matter requires re-consideration, 1 n the result, I pass the following order: 2, The hrit Petition is allowed, The order passed by the Corporation under Section 321 (3) of the Karnataka Municipal Corporation Act produced as Annexure G is quashed. The matter is remitted to the Corporation to consider the matter afresh after due notice to the petitioners, JUDGE sps/*