Karnataka High Court
Amarajyothi Residents Welfare ... vs State Of Karnataka on 8 January, 2016
Author: Ravi Malimath
Bench: Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY, 2016
PRESENT
THE HON' BLE MR. SUBHRO KAMAL MUKHERJEE,
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE RAVI MALIMATH
WRIT PETITION NO.37523 OF 2009(BDA-PIL)
BETWEEN:
AMARAJYOTHI RESIDENTS WELFARE ASSOCIATION,
'MALAR', 160, AMARAJYOTHI LAYOUT,
DOMLUR,
BENGALURU - 560 071
REPRESENTED BY MR.D.M.KISHORE,
AGED ABOUT 65 YEARS,
SECRETARY. ... PETITIONER
(BY SRI:S.VIVEKANANDA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
URBAN DEVELOPMENT,
VIKAS SOUDHA,
BENGALURU - 560 001.
2. BENGALURU DEVELOPMENT AUTHORITY
T.CHOWDAIAH ROAD,
KUMARA PARK WEST,
2
BENGALURU - 560 020
REPRESENTED BY ITS COMMISSIONER.
3. AMARJYOTHI HOUSE BUILDING
CO-OPERATIVE ASSOCIATION,
REPRESENTED BY ITS SECRETARY,
NO.40, MNK PARK ROAD,
BASAVANAGUDI,
BENGALURU - 560 004.
4. JAWAHARLAL NEHRU EDUCATION TRUST
20/2-1, 6TH CROSS,
ANJANEYA TEMPLE STREET,
YELLOGONDANAPALYA,
BENGALURU - 560 047
REPRESENTED BY ITS SECRETARY.
5. BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE,
BENGALURU - 560 002
REPRESENTED BY ITS SECRETARY.
6. *SMT.POONAM AGARWAL
W/O SRI VINDO KUMAR AGARWAL,
AGED ABOUT 55 YEARS
RESIDENT OF NO.1114,
13TH CROSS, INDIRANAGAR,
2ND STAGE, BENGALURU - 560 038
*AMENDMENT CARRIED OUT AS PER ORDER DATED
12.12.2015.
... RESPONDENTS
(BY SRI:R.DEVDAS, PRL.G.A. FOR R1
SRI G.S.KANNUR, ADVOCATE FOR R2
SRI SHANMUKHAPPA, ADVOCATE FOR R3
SRI Y.V.PRAKASH, ADVOCATE FOR
SRI Y.K.NARAYANA SHARMA, ADVOCATE FOR R4
3
SRI K.N.PUTTE GOWDA, ADVOCATE FOR R5
SRI HEMANTH KUMAR, ADVOCATE FOR
M/S.PRAMILA ASSOCIATES, ADVOCATES FOR R6)
*****
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE RESPONDENTS HEREIN TO TAKE STEPS TO
PUT UP A SHOPPING COMPLEX IN THE SITE RESERVED
FOR CIVIC AMENITY IN SY.NO.58/9 AMARAJYOTHI HBCS
LAYOUT, DOMLUR, BENGALURU, WHICH HAS BEEN
RESERVED FOR A SHOPPING COMPLEX AND DIRECT THE
RESPONDENTS TO INITIATE ACTION TO REMOVE ILLEGAL
STRUCTURES.
THIS PETITION COMING ON FOR ORDERS, THIS
DAY, Acting Chief Justice, MADE THE FOLLOWING:
ORDER
Amarajyothi Residents Welfare Association is the petitioner before us.
2. It is alleged that the sites reserved as civic amenity sites were sold to persons on considerations, and certain development works were undertaken by the purchasers. Therefore, the Residents Welfare Association moves this Court for removal of the unauthorized constructions and for development of a shopping complex, 4 on the allegation that, the sites were reserved for construction of a shopping complex.
3. Mr.Hemanth Kumar, learned advocate, appears for the respondent No.6 and informs on instructions that, the construction that was raised by the respondent No.6 including the basement has been demolished.
4. Mr. K.N.Putte Gowda, learned advocate appearing for the Bruhat Bengaluru Mahanagara Palike also, submits on instructions that, the area is now a vacant site.
5. It is a settled law that the civic amenity sites could not be utilized for any other purpose than meant for civic amenity and the society could not have used the civic amenity sites as house sites for outsiders.
6. We therefore, dispose of this writ petition with a direction on the Bengaluru Development Authority to see 5 that the civic amenity sites are restored as civic amenity sites and they are utilized in their proper perspective.
7. We trust and hope that the action shall be taken expeditiously preferably within a period of six months from the date of communication of this order.
8. We make no order as to costs.
SD/-
ACTING CHIEF JUSTICE SD/-
JUDGE JJ