The Hindu : Karnataka / Bangalore News : Court stays BBMP action against apartments on Race Course Road

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Sunday, Oct 14, 2007
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Karnataka

Karnataka - Bangalore

Court stays BBMP action against apartments on Race Course Road

Staff Reporter

BANGALORE: The Karnataka High Court on Friday, in an interim order, stayed any action by the Bruhat Bangalore Mahanagara Palike (BBMP) against a high-rise apartment complex on Race Course Road.

The petitioner, Nitesh Estates Private Ltd., said on January 27, 2005, it had obtained sanction and licence to construct a 10-floor apartment. The commencement certificate was given to it on March 9, 2005, and on December 4, it obtained permission for installation of a diesel generator.

On May 3, 2007, it said the Karnataka State Pollution Control Board had granted permission under the Air and Water Act. The petitioner said the owners of the apartments had also paid their taxes. It said in 2007, the BBMP issued a notice instructing the building owners to give it 60 feet for widening Race Course Road. Subsequently, the BBMP claimed that the apartment had not left adequate setback and, hence, issued a provisional notice under the Karnataka Municipal Corporation Act.

The petitioner said the notice of the BBMP to take action against it was arbitrary and illegal. It had urged the court to stay the BBMP notice. Justice S. Abdul Nazir stayed the BBMP action and adjourned further hearing on the petition.

Bail

Justice H. Billappa on Friday, granted bail to Satisha, a resident of Avati Hosahalli village in Chikmagalur district.

Satisha was undergoing life imprisonment for killing his younger brother in 1998. The Chikmagalur Sessions Judge had, in 2002, sentenced Satisha to seven years imprisonment.

Satish had appealed against that order in the High Court. A Division Bench of the High Court had then allowed his appeal and set aside the lower court order. It had directed the trial court to try the case again and dispose it off in six months.

When the matter came up on Friday, Satish said he had already spent several years in jail and was eligible to be released on bail.

He pointed out that he had completed his B.Sc. degree in 1979, and that he was acknowledged as a leading coffee planter of his village. He said he had also obtained several certificates in bee-keeping, dairy, horticulture and farming. Justice Billappa allowed his petition and granted him bail.

Set aside

A Division Bench comprising Justice V.G. Sabhahit and Justice Ravi B. Naik on Friday, set aside the conviction of four residents of Pura village in Sira taluk of Tumkur district and ordered their release if they were not wanted in any other case.

Mallesha, Govindappa, Srinivasa and Ramaraja were accused of murdering Thimmarayapa for obtaining hidden treasure.

The Third Additional Sessions Judge, Tumkur, had sentenced all of them to life imprisonment.

They had appealed to the High Court against this order.

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