Karnataka High Court
Ananda Housing Co-Operative Society ... vs Mysore Urban Development Authority on 30 June, 2023
Author: R Devdas
Bench: R Devdas
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NC: 2023:KHC:22560
WP No. 1487 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 1487 OF 2023 (LB-RES)
BETWEEN:
ANANDA HOUSING CO-OPERATIVE
SOCIETY LTD
NO P/1, 11TH CROSS
4TH STAGE, T. K. LAYOUT
SARASWATHIPURM
MYSURU -570009
REPRESENTED BY ITS SECRETARY
MR. VARUNA KUMAR.
...PETITIONER
(BY SRI. AJAY J N AND AJAY J NANDALIKE., ADVOCATE)
AND:
Digitally 1. MYSORE URBAN DEVELOPMENT AUTHORITY
signed by REP BY ITS COMMISSIONER
JUANITA
THEJESWINI JHANSI RANI LAKSHMI ROAD
Location: CHAMARAJAPURA
HIGH
COURT OF MYSURU- 570005.
KARNATAKA
2. TOWN PLANNING COMMITTEE
REPRESENTED BY ITS CHAIRMAN
MYSORE URBAN DEVELOPMENT AUTORITY
JHANSI RANI LAKSHMI ROAD
CHAMARAJAPURA
MYSURU -570005.
...RESPONDENTS
(BY SRI. SIDDHARTHA H M., ADVOCATE)
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NC: 2023:KHC:22560
WP No. 1487 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
THE ENDORSEMENT DTD 16.03.2022 ISSUED BY THE R-1
AUTHORITY, VIDE ANNX-A AND REMAND THE
REPRESENTATION DTD 30.04.2013 MADE BY THE PETITIONER
BACK TO THE R-1, TO BE CONSIDERED, IN ACCORDANCE
WITH THE DIRECTION GIVEN BY THIS HONBLE COURT VIDE
ORDER DTD 26.03.2013 IN WP NO.34540/2011 VIDE ANNX-E.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
This is a second round of litigation for the petitioner- society. Earlier in W.P.No.34540/2011, when the petitioner-society approached this Court seeking a direction of the respondent-Mysore Urban Development Authority (hereinafter referred to as 'the MUDA', for short) to grant permission to increase the land use for the residential purpose from 49.82% to 54.80%, as was permitted in the case of other societies, this Court by order dated 26.03.2013 directed the respondent-MUDA to consider the grievances of the petitioner-society after -3- NC: 2023:KHC:22560 WP No. 1487 of 2023 arriving at a factual determination as to the nature of the lands which were involved in the case of the petitioner- society when compared to the other societies and thereafter pass necessary orders having regard to the provisions of law. However, the respondent-MUDA has once again issued the impugned endorsement dated 16.03.2022 at Annexure-A refusing to consider the grievance of the petitioner-society only on the ground that the layout was formed more than 19 years ago and it would not be in public interest to accede to the request made by the petitioner-society.
2. Learned Counsel for the petitioner-society submits that when a specific direction was given by this Court to the respondent-MUDA to take into consideration the factual requirements i.e., to consider the provisions of law applicable to the facts and circumstances of the case and thereafter pass necessary orders on the representation given by the petitioner-society, the Town Planning Member of the respondent-MUDA has issued this impugned -4- NC: 2023:KHC:22560 WP No. 1487 of 2023 endorsement without compliance of the directions of this Court.
3. Having heard the learned Counsel for the petitioner and learned Counsel for the respondent-MUDA and on perusing the petition papers, this Court is of the considered opinion that the impugned endorsement dated 16.03.2022 at Annexure-A cannot be sustained. The respondent-MUDA was required to take into account the relevant provisions of law which were prevailing as on the date when the approval was granted for the formation of the layout in favour of the petitioner-society, compare the same with the provisions of law that were prevailing at a subsequent point of time when permissions were granted to other layouts permitting an extent of 54.80% of residential usage. The authority was required to apply its mind to the provisions of law and thereafter come to a conclusion as to whether the petitioner-society had a right to seek the extension of the percentage of residential area -5- NC: 2023:KHC:22560 WP No. 1487 of 2023 in terms of the relevant provisions. That not having been done, the impugned endorsement cannot be sustained.
4. The respondent- authorities of the MUDA cannot simply reject the representation of the petitioner-society on the ground that the plan was sanctioned 19 years ago and no public interest is involved. What the authorities are required to do is to consider the relevant provisions of law and as directed herein above, re-consider the grievance of the petitioner-society and pass necessary orders. It would not be irrelevant for the respondent- authorities to consider the fact that after the approval for formation of the layout was granted by the respondent- MUDA, a portion of the layout was acquired for formation of road and much of the residential area was lost during the said acquisition proceedings.
5. It appears that a small portion of the layout is now on the other side of the road, being cut off by the formation of the road. Therefore, these are relevant factors which are required to be taken into consideration -6- NC: 2023:KHC:22560 WP No. 1487 of 2023 by the respondent-authorities while passing necessary orders on the representation given by the petitioner- society. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of three months from the date of receipt of a certified copy of this order.
6. With these observations, the writ petition stands disposed of.
7. Pending I.As., if any, stand disposed of.
Sd/-
JUDGE DL