Chamundi Hotel Private Limited vs. Vandita Sharma

Ô ITEM NO.1 + 2 COURT NO.8 SECTION IVA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. NO.15-16 & 17-18/2012 in CIVIL APPEAL NO. 3309-3310 OF 1997 INDRAKASHI DEVI & ORS. Appellant (s) VERSUS STATE OF KARNATAKA Respondent(s) (With appln(s) for exemption from filing O.T., directions and office report) WITH I.A.NO.3 & 4/2012 IN CIVIL APPEAL NO.3306/1997 (With appln(s) for exemption from filing O.T., directions and office report) Date: 07/01/2013 These IAs were called on for hearing today. CORAM : HON'BLE DR. JUSTICE B.S. CHAUHAN HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR For Appellant(s) Mr. A.K. Ganguli,Sr.Adv. Mr. Naresh Kaushik,Adv. Mr. Sanjeev AK.Bhardwaj,Adv. Ms. Sara Aggarwal,Adv. Mrs Lalita Kaushik,Adv. Mr. Mukul Rohatgi,Sr.Adv. Mr. Kailash Vasdev,Sr.Adv. Mr. Yudhister Singh,Adv. Mr. Parijat Singh,Adv. Mr. S.N. Bhat,Adv. Mrs. Kanchan Kaur Dhodi,Adv. Mr. Manu Nair,Adv. Mr. Malok Bhatt,Adv. for M/S Suresh A. Shroff & Co.,Adv. Mr. V. Ramasubramanian ,Adv For Respondent(s) Mr. Basava Prabhu S.Patil,Sr.Adv. Mr. B.S. Prasad,Adv. Mr. Vijendra Kumar,Adv,. Mr. Shaikh Chand Saheb,Adv. Mr. V.N. Raghupathy,Adv. Mr. R. Anand Padmanabhan,Adv. Mr. Vishal Yadav,Adv. Mr. Pramod Dayal,Adv. Mr. N. Ganpathy,Adv. Mr. Sanjay R. Hegde,Adv. Ms. Meera Mathur,Adv.

UPON hearing counsel the Court made the following

O R D E R

It has been pointed out by Mr. A.K. Ganguly and Mr. Mukul Rohatgi, learned senior counsel appearing on behalf of the applicants that they have not raised any permanent structure in violation of the order passed by this Court. However, Mr. Basava Prabhu S.Patil, learned senior counsel appearing on behalf of the respondent disputed the statement of the applicants and submitted that some of the structures raised by the applicants are of permanent nature. Thus, in such a fact situation, we direct the District Commissioner, Bangalore to have a local inspection of the site alongwith engineers of the Public Works Department to verify whether the order of this Court dated 14.9.2012 read with order dated 30.4.1997 and 25.1.2001 has been violated to any extent, and if so, may give the particulars. While having a local inspection, the applicants should also be associated.

Reply may be filed by the respondent within two weeks. Rejoinder affidavit, if any, may be filed by the applicants within one week thereafter.

List after three weeks.

(O.P. Sharma) (M.S. Negi)

Court Master Court Master