Karnataka High Court
Sri C Nagaraja vs Joint Director Town Planning on 5 July, 2023
Author: R Devdas
Bench: R Devdas
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NC: 2023:KHC:23078
WP No. 25931 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO.25931 OF 2022 (LB-BMP)
BETWEEN:
SRI C NAGARAJA
SON OF LATE CHINNAPPA,
AGED ABOUT 68 YEARS,
R/AT NO.1/1, M.K.MARUTHI RESIDENCY,
1ST MAIN ROAD, A.NARAYANAPRUA,
DOORAVANINAGAR,
BENGALURU-560016.
...PETITIONER
(BY SRI. VIJAYA KUMAR K., ADVOCATE)
AND:
Digitally signed
by 1. JOINT DIRECTOR TOWN PLANNING
DHARMALINGAM
Location: HIGH (NORTH) BBMP,
COURT OF
KARNATAKA N.R.SQUARE,BENGALURU-560002.
2. THE COMMISSIONER
BBMP, CENTRAL OFFICE,
N.R.SQUARE,
BENGALURU-560002.
3. DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT,
KANDAYABHAVAN,
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WP No. 25931 of 2022
K.G.ROAD,
BENGALURU-560009.
4. THE TAHSILDAR
BENGALURU EAST TALUK,
K.R.PURAM,
BENGALURU-560016.
5. SRI Y SREENIVASULU
S/O NARASIMHAM,
AGED ABOUT 45 YEARS,
R/A NO.B-202,. BERN UNITY,
CHINNAPPANAHALLI MAIN ROAD,
MARATHAHALLI,
BENGALURU-560037.
6. SRI K CHANDRASHEKAR NAIDU
S/O BHAKTHAVATSALA NAIDU,
AGED ABOUT 46 YEARS,
R/A FLAT NO.401,
SLV BHAVISHA ENCLAVE,
ANUGRAHA LAYOUT, 2ND A CROSS,
B NARAYANAPURA,
BENGALURU-560037.
7. SRI D SUBBARAO
S/O PEDDANNA D,
AGED ABOUT 5 0YEARS,
R/A NO.4-C/431, 5TH CROSS,
OMBR LAYOUT, BANASWADI,
BENGALURU-560043.
8. SRI B MADHUSUDHANA RAO
S/O NAGESHWARA RAO,
AGED ABOUT 55 YEARS,
R/A FLAT NO.104,
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WP No. 25931 of 2022
ANULA APAARTMENT,
GUNTUR, ANDHRA PRADESH.
PIN 522066.
9. SRI BELLAM NAVEEN KUMAR
S/O LATE SUNDARAIAH,
AGED ABOUT 34 YEARS,
R/A K.KANDULAVARIPALLI VILLAGE
AND POST,
KAMPASMUDRAM, CUDDAPAH,
PIN 516104.
10. SRI ALLU SRINIVASULU
S/O CHINNA CHENCHAIAH,
AGED ABOUT 45 YEARS,
R/A NO.1/81,
CHILAMKUR, PRAKASHAM,
ANDHRA PRADESH 523108.
11. SRI V VINOD KUMAR
S/O NAGAIAH,
AGED ABOUT 29 YEARS,
R/A NO.3/66,
VEGUVAPALLI,
KANIGIRI MANDALAM,
VANGAPADU, PRAKASAM,
ANDRAPRADESH 523108.
12. SRI MALLIKARJUNA RAMINENI
S/O GANGULA NAIDU RAMINENI,
R/A VILLAN O.15, WHITE ORCHID VILLA,
RUSTUMJI LAYOUT,
WHITEFIELD POST OFFICE,
WHITEFIELD, BENGALURU-560066.
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WP No. 25931 of 2022
13. SRI NARASIMHA REDDY MEKALA
S/O LAKSHMINARAYANA M,
R/A NO.1/17, GURRAPPADIYA
KONDAPI PRAKASAM,
ANDHRAPRADESH 523270.
14. SRI G KRISHNA REDDY
S/O LATE DODDA GURAPPA,
AGED ABOUT 84 YEARS,
R/A NO.84, 19TH CROSS,
KAGGADASAPURA,
C.V.RAMAN NAGAR,
BENGALURU-560093.
...RESPONDENTS
(BY SRI. N.R. JAGADEESWARA., ADVOCATE FOR R1 & R2
SRI. NITHYANANDA K.R., AGA FOR R3 & R4
SRI. C.N. KESHAVAMURTHY, ADVOCATE FOR R5 TO R7
& R10 TO R13
SRI. H.P. LEELADHAR, ADVOCATE FOR R14)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO
THE R1 TO R4 TO CONSIDER THE REPRESENTATION DATED
22.08.2022 AND 04.11.2022, (ANNEXURE-A1 TO A4) AND
CONSEQUENTLY TAKE APPROPRIATE LEGAL ACTION AGAINST
THE R5 TO R13 REGARDING CLOSING OF THEN EXISTING
RAJAKALUVE IN OLD SY.NO. 62/4 OF BENNIGANAHALLI
VILLAGE, K.R. PURAM HOBLI, BENGALURU EAST TALUK AND
ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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WP No. 25931 of 2022
ORDER
R.DEVDAS J., (ORAL):
The prayer in the writ petition is to issue directions to the respondents No.1 to 4 to consider the representations dated 22.08.2022 and 04.11.2022 given by the petitioner and to take appropriate legal action against the respondents No.5 to 13 regarding closing down of the existing Rajakaluve in Old Sy.No.62/1,Benniganahalli Village, K.R.Puram Hobli, Bangalore East Taluk.
2. It is the contention of the petitioner that respondents No.5 to 13 herein have close down an existing Rajakaluve and as a consequence of which the storm water that was earlier flowing in the Nala has been now diverted into his property. It is contended that the contesting respondents had approached the Deputy Commissioner seeking conversion of land measuring 21 guntas in Sy.No.62/6 which was carved out of Old Sy.No.62/4. However before an order of conversion was issued by the Deputy Commissioner, the Deputy -6- NC: 2023:KHC:23078 WP No. 25931 of 2022 Commissioner had written to the planning authority i.e., Bangalore Development Authority seeking its opinion regarding the buffer that should be left on the existing Nala, which run within the property where conversion was sought for.
3. Learned counsel has drawn the attention of this Court to Annexure-R3 filed along with the statement of objections on behalf of respondents No.5, 6, 7 & 10 to 13. The said document is a communication dated 30.04.2022 made by the Assistant Director of Town Planning, Bangalore Development Authority to the Deputy Commissioner clarifying the position that in terms of the Revised Master Plan - 2015 and the Zonal Regulations, the buffer area has to be left depending on the type of the drain that is in existence in the land in question. It is the contention of the petitioner that it has been opined that the drain running in the property belonging to the contesting respondent is a tertiary drain and buffer zone of -7- NC: 2023:KHC:23078 WP No. 25931 of 2022 15 meters on either side of the drain has to be left. Following the said communication, the Deputy Commissioner passed an order of conversion on 12.05.2023, as could be seen at Annexure-R3 filed along with the statement of objections filed on behalf of the respondent No.14.
4. Learned counsel points out from the order of conversion that although a communication was made by the Assistant Director of Town Planning, BDA noticing the fact that there was a Nala existing in the property in question and buffer zone has to be left in accordance with the Revised Master Plan 2015 and Zonal Regulations, nothing is said about the existence of the Nala and buffer area to be left while passing the order of conversion. Nevertheless, it is contended on behalf of the petitioner that the contesting respondents herein have closed down the existing Nala which was running in their property and as a consequence of which, the storm water is diverted -8- NC: 2023:KHC:23078 WP No. 25931 of 2022 into the property belonging to the petitioner. In this regard, representations were given by the petitioner.
5. Per contra, the contesting respondents have filed statement of objections and it is not disputed that they have obtained an order of conversion at the hands of the Deputy Commissioner on 12.05.2023. On going through the conversion order, it is clear that the order of conversion is granted in respect of 21 guntas of land in Sy.No.62/6 of Benniganahalli Village, which admittedly belongs to the contesting respondents herein.
6. However, what is required to be considered in this writ petition is whether the allegation made by the petitioner in so far as the closing down of the existing Nala and as a consequence of which the storm water is now diverted into the property belonging to the petitioner is true? and if found true, then appropriate directions will have to be issued to the statutory respondents herein. -9-
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7. On going through the petition papers, this Court finds that an order of conversion has been passed by the Deputy Commissioner on 12.05.2023 in favour of the contesting respondents. However, it is made clear in the conversion order that the order of conversion has been granted permitting usage of the land for layout/residential purpose. In terms of the Karnataka Town and Country Planning Act, if the contesting respondents are to form a layout in the land in question, they will have to approach the planning authority seeking sanction of the layout plan. On the other hand, since the measurement of the property is only 21 guntas, even in terms of the order of conversion, if the land cannot be formed into residential layout, there is a possibility of contesting respondents seeking an approval of a Single Plot Layout in terms of Section 17 of the Karnataka Town and Country Planning Act, 1961. In any case, the authority considering such an application for sanctioning of the plan at the hands of the contesting respondents herein, shall ensure that if a Nala is found to be existing in the land, the Nala should not be
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NC: 2023:KHC:23078 WP No. 25931 of 2022 close down and buffer zone in terms of the provisions of the RMP - 2015 and Zonal Regulations shall be maintained. At any rate, if there is existing Nala on the property in question, the same shall not be permitted to closed down.
8. On the other hand, if it is found, that there is no such Nala on the property in question belonging to the contesting respondents, the question of directing them to manage the buffer zone may not arise. It is possible that the Nala is existing on the extreme side of the property belonging to the respondents, this is because the respondents themselves have furnished photographs along with the statement of objections showing the existence of a Nala. Under such circumstances, the planning authority will have to take into consideration the provisions of law including the Revised Master Plan-2015 and Zonal Regulations for reserving the buffer area while sanctioning the plan for construction.
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9. This writ petition stands disposed of, while directing the 1st respondent - Joint Director of Town Planning (North) BBMP, the 4th respondent - Tahasildar, Bangalore East Taluk, K.R.Puram and the planning authority i.e., Bangalore Development Authority although the authority is not arrayed as a party respondents to this proceedings, that as and when the contesting respondents herein approach the said authority seeking sanction of a plan for putting up construction, they shall ensure that if there is a Nala existing on the property in question belonging to the contesting respondents, the same shall not be permitted to closed down and the buffer zone is maintained in terms of the Revised Master Plan - 2015 and Zonal Regulations. As noticed hereinabove, if the Nala is existing on the extreme end of the property belonging to the respondents, even then requirement of leaving the buffer zone in terms of the Revised Master Plan -2015 and Zonal Regulations shall be maintained while approving the plan. At any rate, it shall be ensured that no existing Nala which is running either in between the property belonging
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NC: 2023:KHC:23078 WP No. 25931 of 2022 to the contesting respondents or extreme end of the property, shall be closed down or diverted.
Ordered accordingly.
Sd/-
JUDGE KLY