BENGALURU: The Karnataka High Court has asked the Karnataka Appellate Tribunal to expeditiously dispose of cases, particularly those concerning issuance of notice under Section 321 of the Karnataka Municipal Corporations (KMC) Act and Section 248 of the BBMP Act, 2020 for illegal constructions, within nine months to one year of filing cases.
“This court has come across proceedings that are pending adjudication before the Tribunal for five to seven years. If an illegal construction is brought up in the precincts of the BBMP and notices are issued against such illegal constructions, the Tribunal ought to decide such cases as expeditiously as possible, as the purpose for which the notices are issued would be lost by sheer lapse of time,” said Justice M Nagaprasanna, allowing a petition by Shivaprasad Navada, a resident of Koramangala 3rd Block, against a Tribunal’s order.
The petition contended that the proceedings initiated against the respondents emanated from a complaint lodged by the petitioner. Notices under Section 321(1) and (2) of the KMC Act were issued to the BBMP. These notices were questioned by the respondents before the Tribunal. The petitioner filed an application seeking his impleadment on the ground that he is the complainant. However, the Tribunal rejected it on the ground that he is not a proper and necessary party.
“Despite the orders being passed by high court right from 2014 and the Apex Court also confirming such an order passed by the high court, the Tribunal on certain specious plea declines to permit the complainant to come on record which has led to mushrooming of writ petitions being filed before the high court seeking impleadment into those proceedings,” the court said.