::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
AT BIDAR::
C.C.No. 21/2016
Date of filing : 23/04/2016
Date of disposal : 21/10/2016
P R E S E N T:- (1) Shri. Jagannath Prasad Udgata,
B.A., LL.B.,
President.
(2) Shri. Shankrappa (Halipurgi),
B.A.LL.B.,
Member.
COMPLAINANT/S: Subhash, S/o Narayan Rao Gudpalli,
Age: 66 years, Occ: Pensioner,
R/o Chitguppa,Tq. Humnabad, Dist.Bidar,
Now residing at C/o Basawaraj Kasheppa
Biradar, Sagar Nivas, H.No.8-6-50,
J.P.Nagar Colony, Bidar.
( In person )
VERSUS
OPPONENT/S :- 1. The Chief Officer, Shambhuling Desai,
Town Municipal Council, Citguppa,
Tq. Humnabad,Dist.Bidar.
2. The Then Sanitary Inspector,
M.A. Rasheed, TMC Chitguppa.
( O.P.No.1 & 2 By Shri. Keshavrao H.S. Adv.)
:: J UD G M E N T : :
By Shri. Jagannath Prasad Udgata, President.
The complainant has filed this complaint U/sec. 12 of C.P.Act., alleging that the O.Ps have been obstructing construction of sanitary provision for his home stead property even though he had obtained prior permission from the Municipal authorities and the plan was sanctioned as per Ex.P.1. In the said plan, it is evident that the construction of latrine at North East corner of the property has been approved by the Municipal authorities. The copy of sanction order i.e. permission of building construction has been granted by the Town Municipal Council, Chitaguppa on dt. 01-03-2011. ( copy as Ex.P.2)
2. After receipt of Court notice the O.Ps have put up appearance through counsel of their choice and on 27-09-2016 the O.P.no.1 has filed an affidavit in the proceedings elaborating that construction of safety tank does not hit any by law and the same can be permitted to be constructed without compromising health and environmental issue The O.P. no.1 further in his affidavit has undertaken that he would have no objections if the complainant constructs latrine in his own possessed premises. In view of the afore said information by the O.P.no.1, we pass the following:
ORDER
- The complaint is allowed.
- The O.Ps are hereby directed that there would be no interference by the O.Ps against the construction of W.C. by the complainant inside his premises and sanctioned vide Ex.P. P.1 and P.2.
c) There would be no order as to costs.
( Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 21st day of October-2016 )
Sd/- Sd/-
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
Documents produced by the complainant
- Ex.P.1- Approved sketch of building plan.
- Ex.P.2- Permission of building construction. (copy )
Documents produced by the Opponents
Nil
Sd/- Sd/-
Sri. Shankrappa H., Sri. Jagannath Prasad,
Member. President.
mv.
