Karnataka High Court
M/S Pinnacle Prime Constructions Pvt ... vs The State Of Karnataka on 28 March, 2018
Author: S.Sujatha
Bench: S.Sujatha
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH 2018
BEFORE
THE HON'BLE MRS.JUSTICE S.SUJATHA
WRIT PETITION NO.50475/2015
C/W
WRIT PETITION NOS.26405/2015 & 26762/2015
WRIT PETITION NO.16834/2015
WRIT PETITION NO.21545/2015
WRIT PETITION NO.23063/2015
WRIT PETITION NOS.28885-28886/2015
WRIT PETITION NO.29465/2015
WRIT PETITION NO.32965/2015
WRIT PETITION NO.32967/2015
WRIT PETITION NO.34194/2015
WRIT PETITION NO.34473/2015
WRIT PETITION NOS.34796/2015 & 34955-34958/2015
WRIT PETITION NOS.36214-36216/2015
WRIT PETITION NO.36566/2015
WRIT PETITION NO.23135/2015
WRIT PETITION NO.27821/2015
WRIT PETITION NO.28548/2015
WRIT PETITION NO.28632/2015
WRIT PETITION NO.28634/2015
WRIT PETITION NOS.31168-31169/2015 (LB-BMP)
IN WP.No.50475/2015:
BETWEEN:
M/S. PINNACLE PRIME CONSTRUCTIONS PVT. LTD.
A COMPANY REGISTERED UNDER THE
PROVISIONS OF THE COMPANIES ACT
HAVING ITS REGISTERED OFFICE AT, NO.A1, 1ST FLOOR,
RAJAJINAGAR INDUSTRIAL ESTATE
MAGADI TOLL GATE SIGNAL, WEST OF CHORD ROAD
BANGALORE-560 029
REPRESENTED BY ITS DIRECTOR
SRI RAVI CHANDRA G. ... PETITIONER
(BY SRI C.RAJANNA, ADVOCATE)
2
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
VIKASA SOUDHA
BANGALORE-560 001
REP. BY ITS PRINCIPAL SECRETARY
2. BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE-560 002
REPRESENTED BY ITS COMMISSIONER
3. THE ASSISTANT DIRECTOR OF
TOWN PLANNING (SOUTH)
BBMP COMPLEX, 2ND BLOCK
JAYANAGAR, 9TH MAIN ROAD
9TH CROSS, BANGALORE-560 011 ... RESPONDENTS
(BY SRI M.MUNIGANGAPPA, HCGP FOR R1;
SRI M.N.RAMANJANEYA GOWDA, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
NOTICE DATED 06.10.2015 (ANNEXURE-E) ETC.
IN WP.Nos.26405 & 26762/2015:
BETWEEN:
M/S.IMG HOUSING PROMOTERS
N DEVELOPERS
NO.41, 1ST FLOOR, 'A' BLOCK
IMG ELITE, IFC, RAGHUVANAPALYA
J.P.NAGAR 9TH PHASE
BANGALORE-560 062
REPTD. BY ITS PARTNERS &
AUTHORISED SIGNATORY:
SRI K.C.NIRANJANA KUMAR &
SMT. MAMATHA ... PETITIONER
(BY SRI PRASANNA V.R., ADVOCATE)
AND:
1. BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE
3
BANGALORE-560 002
REPRESENTED BY ITS COMMISSIONER
2. THE ASST. DIRECTOR OF TOWN PLANNING
BOMMANAHALLI ZONE
BRUHAT BENGALURU MAHANAGARA PALIKE
BENGALURU-560 068
3. THE STATE OF KARNATAKA
BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
4TH FLOOR, VIKASA SOUDHA
DR. AMBEDKAR VEEDHI
BANGALORE-560 002 ... RESPONDENTS
(BY SRI V.SREENIDHI, ADVOCATE FOR R1 & R2;
SRI M.MUNIGANGAPPA, HCGP FOR R3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE DEMAND NOTICE DATED 08.06.2015 (ANNEXURE-F) ETC.
IN WP.No.16834/2015:
BETWEEN:
TRANQUIL REALTY PRIVATE LIMITED
HAVING ITS REGISTERED OFFICE AT
VASWANI VICTORIA
NO.30, VICTORIA ROAD
BANGALORE-560 047
REPRESENTED BY ITS DIRECTOR
MR. ARUN ADVANI ... PETITIONER
(BY SRI GANAPATI HEGDE, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY TO
GOVERNMENT, DEPARTMENT OF URBAN
DEVELOPMENT, ROOM NO.434
VIKASA SOUDHA
BANGALORE-560 001
4
2. BRUHAT BENGALURU MAHANAGARA PALIKE
REPRESENTED BY ITS COMMISSIONER
N.R.SQUARE, BANGALORE-560 002
3. THE JOINT DIRECTOR OF TOWN PLANNING
(NORTH ZONE), BRUHAT BENGALURU
MAHANAGARA PALIKE, N.R.CIRCLE
BANGALORE-560 002 ... RESPONDENTS
(BY SRI M.MUNIGANGAPPA, HCGP FOR R1;
SRI S.N.PRASHANTH CHANDRA, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
NOTIFICATION DATED 14.09.2012 (ANNEXURE-J), THE OFFICE
ORDER DATED 09.06.2010 (ANNEXURE-H) AND THE CIRCULAR
DATED 22.08.2014 (ANNEXURE-A) ETC.
IN WP.No.21545/2015:
BETWEEN:
SRI N.LAKSHMINARAYANA REDDY
S/O B.V.NARAYANA REDDY
AGED ABOUT 51 YEARS
R/AT NO.13, K.R.NANJAPPA LAYOUT
ADUGODI MAIN ROAD
KORAMANGALA 8TH BLOCK
BANGALORE-560 034 ... PETITIONER
(BY SRI RAVI PRAKASH V., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
4TH FLOOR, VIKASA SOUDHA
DR.AMBEDKAR VEEDHI
BANGALORE-560 001
2. BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE-560 002
REPRESENTED BY ITS COMMISSIONER
5
3. THE JOINT COMMISSIONER
MAHADEVPURA RANGE
BRUHAT BENGALURU MAHANAGARA PALIKE
BANGALORE-560 075
4. THE ASSISTANT DIRECTOR
TOWN PLANNING
MAHADEVAPURA
BRUHAT BENGALURU MAHANAGARA PALIKE
BANGALORE-560 048 ... RESPONDENTS
(BY SRI M.MUNIGANGAPPA, HCGP FOR R1;
SRI S.N.PRASHANTH CHANDRA, ADVOCATE FOR R2-R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
OFFICE ORDER DATED 06.04.2015 (ANNEXURE-D) ETC.
IN WP.No.23063/2015:
BETWEEN:
SMT. C. INDIRA
W/O PRABHAKAR
AGED ABOUT 71 YEARS
NO.02.M, SWASTHI MAIN RAOD
1ST CROSS, SHANTHINAGAR
BENGALURU
REP. BY GPA HOLDER
SRI RANGANNA
S/O LATE NARAYANA MURTHY
AGED ABOUT 73 YEARS
R/AT NO.63, 2ND CROSS
GAVIPURAM EXTENSION
BENGALURU-560 019 ... PETITIONER
(BY SRI S.RAJU, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
4TH FLOOR, VIKASA SOUDHA
DR. AMBEDKAR VEEDHI
BENGALURU-560 001
6
2. THE COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE, BENGALURU-560 002
3. THE ASST. DIRECTOR OF TOWN PLANNING
EAST, BRUHAT BENGALURU MAHANAGARA PALIKE
BENGALURU-560 002 ... RESPONDENTS
(BY SRI M.MUNIGANGAPPA, HCGP FOR R1;
SRI S.N.PRASHANTH CHANDRA, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
DEMAND NOTICE DATED 02.01.2015 (ANNEXURE-E) ETC.
IN WP.Nos.28885-28886/2015:
BETWEEN:
1. MR. SYED ASIF
AGED ABOUT 56 YEARS
S/O LATE SYED ABDUL SATTAR
RESIDING AT NO.14/1, PARK ROAD
TASKER TOWN, BANGALORE-560 052
REPRESENTED BY HIS GPA HOLDER
M/S.UNISHIRE BUILDERS PRIVATE LIMITED
BY ITS DIRECTOR MR.PRATIK MEHTA
2. M/S.UNISHIRE BUILDERS PRIVATE LIMITED
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, HAVING REGISTERED
OFFICE AT NO.36, "UNISHIRE SQUARE"
RAILWAY PARALLEL ROAD
KUMARA PARK WEST, BANGALORE-560 020
REPRESENTED BY ITS DIRECTOR
MR.PRATIK MEHTA ... PETITIONERS
(BY SRI B. PRAMOD, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THE URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA, DR.B.R.AMBEDKAR VEEDHI
7
BANGALORE-560 001
REPRESENTED BY ITS SECRETARY
2. BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE-560 002
REPRESENTED BY ITS COMMISSIONER
3. THE JOINT DIRECTOR (TOWN PLANNING-NORTH)
BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE-560 002 ... RESPONDENTS
(BY SRI M.MUNIGANGAPPA, HCGP FOR R1;
SMT.K.S.NAGARATNA, ADVOCATE FOR R2 & R3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE OFFICE ORDER DATED 09.06.2010 (ANNEXURE-F), THE
CIRCULAR DATED 22.08.2014 (ANNEXURE-G) AND THE DEMAND
NOTICE DATED 04.07.2015 (ANNEXURE-D) ETC.
IN WP.No.29465/2015:
BETWEEN:
SRI M. KRISHNAPPA
S/O LATE MUNISWAMAPPA
AGED ABOUT 72 YEARS
RESIDING AT NO.76
DODDAKALLASANDRA VILLAGE
UTTARAHALLI HOBLI
BANGALORE DISTRICT ... PETITIONER
(BY SMT. CHANDRAKALA G., ADVOCATE)
AND:
1. BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE-560 002
REPRESENTED BY ITS COMMISSIONER
2. THE ASSISTANT DIRECTOR OF
TOWN PLANNING (SOUTH)
BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE-560 002
8
3. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
4TH FLOOR, VIKASA SOUDHA
DR.AMBEDKAR VEEDHI
BANGALORE-560 001 ... RESPONDENTS
(BY SRI V.SREENIDHI, ADVOCATE FOR R1 & R2;
SRI M.MUNIGANGAPPA, HCGP FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DATED 23.08.2014 (ANNEXURE-A) ETC.
IN WP.No.32965/2015:
BETWEEN:
M/S. SHRI ARUNA CONSTRUCTIONS
PVT. LTD., OFFICE AT NO.373/373
1ST FLOOR, 15TH 'A' MAIN
80 FEET ROAD, YELAHANKA NEW TOWN
BENGALURU-560 064
REP. BY ITS AUTHORISED SIGNATORY
J. VENUGOPALA KRISHNAM RAJU
S/O JAMPANA SATYANARAYANA RAO RAJU
AGED ABOUT 47 YEARS ... PETITIONER
(BY SRI S.RAJU, ADVOCATE)
AND:
1. BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE-560 002
REPRESENTED BY ITS COMMISSIONER
2. THE JOINT DIRECTOR OF TOWN PLANNING
NORTH, BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE, BENGALURU-560 002
3. THE STATE OF KARNATAKA, BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT, 4TH FLOOR
VIKASA SOUDHA, DR. AMBEDKAR VEEDHI
BANGALORE-560 001 ... RESPONDENTS
(BY SRI V.SREENIDHI, ADVOCATE FOR R1 & R2;
SRI M.MUNIGANGAPPA, HCGP FOR R3)
9
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
OFFICE ORDER DATED 09.06.2010 (ANNEXURE-E), THE
CIRCULAR DATED 22.08.2014 (ANNEXURE-F) AND THE
COMMUNICATION/DEMAND NOTICE DATED 20.07.2015
(ANNEXURE-C) ETC.
IN WP.No.32967/2015:
BETWEEN:
RAINBOW CONSTRUCTIONS
OFFICE AT NO.158, 2ND CROSS
BANK AVENUE, BABUSA PALYA
KALYAN NAGAR
BENGALURU-560 043
REP. BY PARTNERS AND
GENERAL POWER OF ATTORNEY HOLDERS
1. SRI G.VASU
S/O CHENCHURAJU GADIRAJU
AGED ABOUT 35 YEARS
2. SRI RAMAMOHAN REDDY A.
S/O A.GURIVI REDDY
AGED ABOUT 35 YEARS ... PETITIONERS
(BY SRI S. RAJU, ADVOCATE)
AND:
1. BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE, BENGALURU-560 002
REPRESENTED BY ITS COMMISSIONER
2. THE ASSISTANT DIRECTOR
TOWN PLANNING
MAHADEVAPURA DIVISION
BRUHAT BENGALURU MAHANAGARA PALIKE
BENGALURU-560 048
3. THE STATE OF KARNATAKA
BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
4TH FLOOR, VIKASA SOUDHA
10
DR.AMBEDKAR VEEDHI
BENGALURU-560 001 ... RESPONDENTS
(BY SRI V.SREENIDHI, ADVOCATE FOR R1 & R2;
SRI M.MUNIGANGAPPA, HCGP FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
OFFICE ORDER DATED 09.06.2010 (ANNEXURE-E), THE
CIRCULAR DATED 22.08.2014 (ANNEXURE-F) AND THE
COMMUNICATION/DEMAND NOTICE DATED 18.11.2014
(ANNEXURE-C) ETC.
IN WP.No.34194/2015:
BETWEEN:
RASHTRAKUTA ESTATES
A PARTNERSHIP FIRM
OFFICE AT PREMISES BEARING NO.656/A
11TH MAIN, COFFEE BOARD LAYOUT
HEBBAL KEMPAPURA, HA FARM POST
BENGALURU-560 024
REPRESENTED BY ITS MANAGING PARTNER
MR.J.S.SRIKANTA MURTHY
SON OF SRI NANJUNDAIAH ... PETITIONER
(BY SRI G.SATHYANARAYANA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
VIKASA SOUDHA, BENGALURU-560 001
REP. BY ITS PRINCIPAL SECRETARY
2. THE COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE-560 002
3. THE ASST. DIRECTOR OF TOWN PLANNING (SOUTH)
9TH CROSS, 9TH MAIN, 2ND BLOCK
JAYANAGAR, BANGALORE-560 011 ... RESPONDENTS
(BY SRI M.MUNIGANGAPPA, HCGP FOR R1;
SRI S.J.PURANIK, ADVOCATE FOR R2 & R3)
11
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
DEMAND NOTICE/ENDORSEMENT DATED 01.08.2015
(ANNEXURE-D) ETC.
IN WP.No.34473/2015:
BETWEEN:
SRI A. MOHAN KUMAR
S/O LATE Y.V.ANNAIAH
AGED ABOUT 54 YEARS
R/AT YELLACHENAHALLI VILLAGE
UTHARAHALLI HOBLI
BANGALORE SOUTH TALUK
BANGALORE-560 037 ... PETITIONER
(BY SRI S.V.MANJUNATH, ADVOCATE)
AND:
1. BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE-560 002
REP. BY ITS COMMISSIONER
2. THE ASST. DIRECTOR (TOWN PLANNING
BRUHAT BENGALURU MAHANAGARA PALIKE
BOMMANAHALLI ZONE/DIVISION
BENGALURU-560 068
3. STATE OF KARNATAKA
BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
4TH FLOOR, VIKASA SOUDHA
DR.AMBEDKAR VEEDHI
BANGALORE-560 001 ... RESPONDENTS
(BY S.J.PURANIK, ADVOCATE FOR R1 & R2;
SRI M.MUNIGANGAPPA, HCGP FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICE
ORDER DATED 09.06.2010 (ANNEXURE-D), THE CIRCULAR
DATED 22.08.2014 (ANNEXURE-E) AND THE ENDORSEMENT
DATED 26.06.2015 (ANNEXURE-B) ETC.
12
IN WP.NOS.34796 & 34955-34958/2015:
BETWEEN:
1. SMT. VIJAYALAKSHMI
W/O LATE NARAYANA SWAMY
AGED ABOUT 42 YEARS
2. SRI SURESH
S/O LATE SHANKARAPPA
AGED ABOUT 39 YEARS
3. SRI MANJUNATHA
S/O LATE SHANKARAPPA
AGED ABOUT 37 YEARS
4. SRI KUPENDRA KUMAR
S/O LATE SHANKARAPPA
AGED ABOUT 31 YEARS
5. SRI RAMACHANDRA
S/O LATE SHANKARAPPA
AGED ABOUT 28 YEARS
ALL ARE R/O BHOGANAHALLI VILLAGE
BELLANDUR POST, VARTHUR HOBLI
BANGALORE EAST TALUK
BANGALORE-560 037 ... PETITIONERS
(BY SRI A.HANUMANTHAPPA, ADVOCATE)
AND:
1. BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE-560 002
REP. BY ITS COMMISSIONER
2. THE JOINT DIRECTOR OF TOWN PLANNING
(NORTH), BRUHAT BENGALURU MAHANAGARA PALIKE
MAYO HALL, BANGALORE-560 002
3. THE STATE OF KARNATAKA
BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
4TH FLOOR, VIKASA SOUDHA
13
DR.AMBEDKAR VEEDHI
BANGALORE-560 002 ... RESPONDENTS
(BY SRI I.G.GACHCHINAMATH, ADVOCATE FOR R1 & R2;
SRI M.MUNIGANGAPPA, HCGP FOR R3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE OFFICE ORDER DATED 09.06.2010 (ANNEXURE-E), THE
CIRCULAR DATED 22.08.2014 (ANNEXURE-F) AND THE DEMAND
NOTICE DATED 15.06.2015 (ANNEXURE-C) ETC.
IN WP.Nos.36214-36216/2015:
BETWEEN:
1. MRS. KHUTHEJA DAWOOD
W/O LATE MOHAMMED DAWOOD
AGED ABOUT 60 YEARS
2. MR.D.MOHAMED MUTHAHAR
W/O LATE MOHAMMED DAWOOD
AGED ABOUT 39 YEARS
BOTH ARE RESIDING AT NO.466
1ST STAGE, INDIRANAGAR
BANGALORE-560 038
REPRESENTED BY THEIR GPA HOLDER
M/S. ELEGANT PROPERTIES
A PARTNERSHIP FIRM
HAVING OFFICE AT NO.1
ELEGANT DESIRE, COLES ROAD
FRAZER TOWN, BANGALORE-560 005
REPRESENTED BY ITS PARTNER
MR.B.RAJASHEKAR
3. M/S.ELEGANT PROPERTIES
A PARTNERSHIP FIRM
HAVING OFFICE AT NO.1
ELEGANT DESIRE, COLES ROAD
FRAZER TOWN, BANGALORE-560 005
REPRESNETED BY ITS PARTNER
MR.B.RAJASHEKAR ... PETITIONERS
(BY SRI B. PRAMOD, ADVOCATE)
14
AND:
1. THE STATE OF KARNATAKA
THE URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA, DR.B.R.AMBEDKAR VEEDHI
BANGALORE-560 001
REPRESENTED BY ITS SECRETARY
2. BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE-560 002
REPRESENTED BY ITS COMMISSIONER
3. THE JOINT DIRECTOR OF TOWN PLANNING
(NORTH) BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE-560 002 ... RESPONDENTS
(BY SRI M.MUNIGANGAPPA, HCGP FOR R1;
SRI S.J.PURANIK, ADVOCATE FOR R2 & R3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE OFFICE ORDER DATED 09.06.2010 (ANNEXURE-F), THE
CIRCULAR DATED 22.08.2014 (ANNEXURE-G) AND THE DEMAND
NOTICE DATED 21.10.2014 (ANNEXURE-B1) ETC.
IN WP.No.36566/2015:
BETWEEN:
M/S. ARATTUKULAM DEVELOPERS
A PARTNERSHIP FIRM
HAVING ITS OFFICE AT NO.63
1ST FLOOR, OPP. TO MANIPAL COUNTRY CLUB
SINGASANDRA, BENGALURU-560 068
REP. BY PARTNER
TONY VINCENT
S/O A.P.KUNJU KUNJU
AGED ABOUT 53 YEARS ... PETITIONER
(BY SRI S.RAJU, ADVOCATE)
AND:
1. BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE-560 002
REPRESENTED BY ITS COMMISSIONER
15
2. THE JOINT DIRECTOR OF TOWN PLANNING
NORTH, N.R.SQUARE
BRUHAT BENGALURU MAHANAGARA PALIKE
BANGALORE-560 002
3. THE STATE OF KARNATAKA, BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
4TH FLOOR, VIKASA SOUDHA
DR. AMBEDKAR VEEDHI
BANGALORE-560 001 ... RESPONDENTS
(BY SRI V.SREENIDHI, ADVOCATE FOR R1 & R2;
SRI M.MUNIGANGAPPA, HCGP FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
OFFICE ORDER DATED 09.06.2010 (ANNEXURE-E), THE
CIRCULAR DATED 22.08.2014 (ANNEXURE-F) AND THE
COMMUNICATION/DEMAND NOTICE DATED 12.08.2015
(ANNEXURE-C) ETC.
IN WP.No.23135/2015:
BETWEEN:
Y.V.SESHACHALAM & CO.
NO.80, OLD NO.268
OLD THARAGUPET
BANGALORE
REPRESENTED BY ITS PARTNER
Y.V.SARANGAPANI
AGED ABOUT 62 YEARS
S/O LATE Y.V.SESHACHALAM ... PETITIONER
(BY SRI M. NAGARAJ GUPTA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA, BANGALORE-560 001
REPRESENTED BY ITS SECRETARY
2. BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE-560 002
REPRESENTED BY ITS COMMISSIONER
16
3. THE ASSISTANT DIRECTOR (TOWN PLANNING)
BRUHAT BENGALURU MAHANAGARA PALIKE
(WEST) BANGALORE-560 001 ... RESPONDENTS
(BY SRI M.MUNIGANGAPPA, HCGP FOR R1;
SRI S.N.PRASHANTH CHANDRA, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
DEMAND NOTICE DATED 31.03.2015 (ANNEXURE-E) ETC.
IN WP.No.27821/2015:
BETWEEN:
P. KOSHY JACOB
S/O P.V.KOSHY
AGED ABOUT 60 YEARS
R/O NO.5/1, 5TH CROSS
HUTCHINS ROAD, THOMAS TOWN
BANGALORE-560 084 ... PETITIONER
(BY SRI A.HANUMANTHAPPA, ADVOCATE)
AND:
1. BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE-560 002
REP. BY ITS COMMISSIONER
2. THE ASSISTANT DIRECTOR OF TOWN PLANNING
BRUHAT BENGALURU MAHANAGARA PALIKE
MAHADEVAPUR ZONE, MAHADEVAPUR
BANGALORE-560 048
3. THE STATE OF KARNATAKA
BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
4TH FLOOR, VIKASA SOUDHA
DR.AMBEDKAR VEEDHI
BANGALORE-560 002 ... RESPONDENTS
(BY SRI I.G.GACHCHINAMATH, ADVOCATE FOR R1 & R2;
SRI M.MUNIGANGAPPA, HCGP FOR R3)
17
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
OFFICE ORDER DATED 09.06.2010 (ANNEXURE-E), THE
CIRCULAR DATED 22.08.2014 (ANNEXURE-F) AND THE DEMAND
NOTICE DATED 25.06.2015 (ANNEXURE-C) ETC.
IN WP.No.28548/2015:
BETWEEN:
B.SUMATHI
AGED ABOUT 31 YEARS
W/O MR.BREETH KUMAR
R/A HORAMAVU
K.R.PURAM HOBLI
BANGALORE EAST
BANGALORE ... PETITIONER
(BY SRI G.M.JAGADEESHA, ADVOCATE)
AND:
1. BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE-560 002
REPRESENTED BY ITS COMMISSIONER
2. THE ASST. DIRECTOR OF TOWN PLANNING
BRUHAT BENGALURU MAHANAGARA PALIKE
(K.R.PURAM SUB-DIVISION)
BANGALORE-560 036
3. STATE OF KARNATAKA
BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
4TH FLOOR, VIKASA SOUDHA
DR.AMBEDKAR VEEDHI
BANGALORE-560 001 ... RESPONDENTS
(BY SRI I.G.GACHCHINAMATH, ADVOCATE FOR R1 & R2;
SRI M.MUNIGANGAPPA, HCGP FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICE
ORDER DATED 09.06.2010 (ANNEXURE-D), THE CIRCULAR
DATED 22.08.2014 (ANNEXURE-E) AND THE COMMUNICATION/
DEMAND NOTICE DATED 16.04.2015 (ANNEXURE-B) ETC.
18
IN WP.No.28632/2015:
BETWEEN:
1. SRI M.RAMACHANDRAPPA
S/O SRI MANDAPALLI VENKATARAMAIAH
AGED ABOUT 77 YEARS
2. SRI M.CHINNARAJU
S/O SRI MANDAPALLI VENKATARAMAIAH
AGED ABOUT 74 YEARS
3. SRI M.RAMAKRISHNAPPA
S/O SRI MANDAPALLI VENKATARAMAIAH
AGED ABOUT 71 YEARS
ALL ARE RESIDING AT NO.141
BESTARA BEEDI, YELAHANKA
BENGALURU-560 064
REPRESENTED BY THEIR GPA HOLDERS
1. J.S.R.RAJU
S/O SRI J.G.K.RAJU
AGED ABOUT 46 YEARS
R/AT NO.759, 7TH 'A' CROSS
YELAHANKA NEW TOWN
BENGALURU-560 064
2. SRI ALLURI SRIHARSHA VARMA
S/O SRI A.S.N.RAJU
AGED ABOUT 29 YEARS
R/AT NO.168/A, ROAD NO.10
JUBILEE HILLS
HYDERABAD-33
3. SRI J. KRISHNA CHAITANYA VARMA
S/O SRI J.V.RANGARAJU
AGED ABOUT 22 YEARS
R/AT NO.11, 1ST MAIN ROAD
SECTOR-A, YELAHANKA NEW TOWN
BENGALURU-560 064 ... PETITIONERS
(BY SRI S.RAJU, ADVOCATE)
19
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
4TH FLOOR, VIKASA SOUDHA
DR. AMBEDKAR VEEDHI
BENGALURU-560 001
2. THE COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE, BENGALURU-560 002
3. THE JOINT DIRECTOR OF TOWN PLANNING
NORTH, BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE-560 002 ... RESPONDENTS
(BY SRI M.MUNIGANGAPPA, HCGP FOR R1;
SRI I.G.GACHCHINAMATH, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
DEMAND NOTICE DATED 16.06.2015 (ANNEXURE-D) ETC.
IN WP.No.28634/2015:
BETWEEN:
M/S.SPARROW PROJECTS INDIA PVT. LTD.
OFFICE AT NO.6 & 7
ANUGRAHA LAYOUT
MAHADEVAPURA
BENGALURU
REP. BY ITS DIRECTORS
REP. BY ITS GPA HOLDERS
1. T.BRAHMAIAH
S/O SRI T.KONDAIAH
AGED ABOUT 34 YEARS
2. SRI GADIRAJU VASE
S/O SRI CHENCHU RAJU
AGED ABOUT 34 YEARS ... PETITIONERS
(BY SRI S.RAJU, ADVOCATE)
20
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
4TH FLOOR, VIKASA SOUDHA
DR.AMBEDKAR VEEDHI
BENGALURU-560 001
2. THE COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE, BENGALURU-560 002
3. THE ASST. DIRECTOR OF TOWN PLANNING
MAHADEVAPURA DIVISION
BRUHAT BENGALURU MAHANAGARA PALIKE
BANGALORE-560 048 ... RESPONDENTS
(BY SRI M.MUNIGANGAPPA, HCGP FOR R1;
SRI I.G.GACHCHINAMATH, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
DEMAND NOTICE DATED 14.01.2015 (ANNEXURE-D), THE
NOTIFICATION DATED 10.03.2006 (ANNEXURE-E) ETC.
IN WP.Nos.31168-31169/2015:
BETWEEN:
1. SMT.VINUTHA K.J.
W/O SURENDRA BABU
AGED ABOUT 40 YEARS
R/AT NO.220, 5TH MAIN
3RD CROSS, TEACHER'S COLONY
KORAMANGALA
BANGALORE-560 034
2. SMT. ANJANA
W/O S. RAVINDRA BABU
AGED ABOUT 38 YEARS
NO.1687, 20TH MAIN
1ST SECTOR, H.S.R.LAYOUT
BANGALORE-560 034 ... PETITIONERS
(BY SRI A.MADHUSUDHANA RAO, ADVOCATE)
21
AND:
1. BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE-560 002
REP. BY ITS COMMISSIONER
2. THE ASSISTANT DIRECTOR OF TOWN PLANNING
BRUHAT BENGALURU MAHANAGARA PALIKE
BOMMANAHLLI ZONE, BOMMANAHALLI
BENGALURU-560 034
3. STATE OF KARNATAKA
BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
4TH FLOOR, VIKASA SOUDHA
DR. AMBEDKAR VEEDHI
BANGALORE-560 001 ... RESPONDENTS
(BY SRI S.J.PURANIK, ADVOCATE FOR R1 & R2;
SRI M.MUNIGANGAPPA, HCGP FOR R3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
OFFICE ORDER DATED 09.06.2010 (ANNEXURE-D), THE
CIRCULAR DATED 22.08.2014 (ANNEXURE-G) AND THE
ENDORSEMENT DATED 30.06.2015 (ANNEXURE-B) ETC.
THESE WRIT PETITIONS COMING ON FOR FINAL HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the respective parties.
2. It is not in dispute that the issue involved herein is squarely covered by the order of this Court in the case of KARNATAKA STATE HANDICRAFTS DEVELOPMENT CORPORATION LTD., V/S. STATE OF KARNATAKA AND 22 OTHERS (W.P.No.49530/2016 AND CONNECTED MATTERS, DD 23.03.2018), whereby the writ petitions are allowed quashing the impugned demand notices issued by the respondent-BBMP Authorities, in so far as demanding the payment of the market value of 10% of the plot area towards Park and Open Space Development Charges are concerned.
3. Hence, these writ petitions stand allowed in similar terms.
Sd/-
JUDGE KSR