Ref: LETTER PETITION

DATE: 09-02-1998

To,

THE REGISTRAR GENERAL [JUDICIAL]
HIGH COURT OF KARNATAKA
BANGALORE 5600 01

Dear Sir,

LETTER PETITION CIRCULATION AMONGST ALL THE HONBLE JUDGES OF HIGH COURT, REGARDING

Enclosed are the thirty copies of letter petition of public Interest, which is earnestly Requested by the petitioner, to circulate amongst all the Honble Judges of the Court, without any loss of time as some function may be inauguration / switching of power [KEB electricity], to the lay-out formed in Allalsandra by the Karnataka State Judicial Department Employees House Building Co-operative Society Limited, is slated for today at 18:00 hrs, is likely to be attended by not only the Honble Judges of this Court but also of other Courts.

You are Kindly requested to acknowledge for the receipt of this petition with date and time.

Regards,

DIGVIJAY MOTE



Ref: LETTER PETITION

DATE: 09-02-1998

The Hon'ble Chief Justice & all Brother Judges of Karnataka High Court, Bangalore - 560 001.

Inauguration of ILLEGAL "Judges Colony" -Morality -Violation -Moral Turpitude

I.L.R.1995.Kar 3139 Subramani & others Vs Union of India & others.

Excerpts: In a nutshell, it will be no exaggeration if it is said that the High Court Judges are high dignitaries, who by virtue of their office and the nature of work, that is to say, dispensation of justice, exercise a regal or sovereign function; their work forms part of Constitutional duty of the State and they discharge inalienable functions of the constitutional Government, which no one else is entitled to perform. They are to be faithful and true to the duties of their office and to function without fear or favour, affection or ill-will act only to uphold the Constitution and the laws framed thereunder. They have to be aloof to some extent from others. These and other acts which Judges perform make them the object of regard and respect of others. Their functions as demanded by their officer make them important for the Society."

1.2] Recitals in the agreement made between the Karnataka State Judicial Department Employees' House building Co-operative Society Ltd. and M/S Devath Builders [ Clause -2 & 3 of the Agreement]

b] To obtain approval of the said plan from the Bangalore Development Authority within 8 months from the date of this agreement.

2.1] Agreement between the Society & the Govt of Karnataka

Excerpts: The Society shall not form the lay-out without getting the plan approved by the Town planning wing of Bangalore Development Authority / Keeping in view the zoning regulations. In respect of places other than Bangaore, the approval of planning Authority, Municipality as the case may be shall be obtained.

2.2] In case of violation of any conditions, Government will be competent to resume the Lands acquired in favour of Society.

2.3] Bangalore Development Authority declares the Layout as illegal and show causes why it
should not de demolished?
[Annexure -1]

PRAYER: DIRECT ALL THE FUNCTIONARIES OF HIGH COURT AND ALL THE OTHER COURTS NOT TO ATTEND THE SO CALLED THE INAUGURATION / ANY FUNCTION IN THE LAY-OUT.

Regards,

DIGVIJAY MOTE.


Annexure -1

Proceedings of the Meeting of the Sub-Committee constituted to hear the cases of unauthorised contractions/developments B.D.A held on 8-5-1997 in the Chambers of the commissioner,

Sub:-1

Unauthorised formation of layout and construction of buildings in several Syl Nos. of Allalasandra village, Chikkabommasandra village and Jakkur Plantation by the Karnataka State Judicial department Employees House Building Co-operative society.


Authority vide resolution No. 503/92 Date: 16-11-1992 declared to approve residential layout in favour of the society subject to certain conditions. Work order and the layout plan were not issued as the conditions were not complied with. Mean while the society has applied for modified layout. In reply, the society was informed to submit proposal in accordance with the stipulations contained in G.O. Date: 17-11-1995. The Society informed BDA that they were unable to comply with the requirement of G.O. Date: 17-11-1995.

So for the society has not furnished the revised plan for approval as per G.O. Date: 17-11-1995.

Meanwhile the HBCS has taken up formation of unauthorised layout and building activities were also found in the layout. Notice was issued against the unauthorised Developments, under the KTCP Act. No reply is received from the society.

Decision: It was decided to issue final notice with the service of the notice with information of hearing.

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