Karnataka High Court
Sri Muniraju vs Bruhat Bangalore Mahanagara Palike on 27 March, 2018
Author: S.Sujatha
Bench: S.Sujatha
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MARCH, 2018
BEFORE
THE HON'BLE MRS.JUSTICE S.SUJATHA
WRIT PETITION Nos.51517/2015, 51941-
51944/2015, 52456/2015, 54515/2015,
55367/2015, 55428/2015, 55431/2015,
56035-56038/2015, 58989/2014, 56496/2015,
57827-57829/2015, 58475-58476/2015,
58504/2015, 59020/2015, 59021/2015,
59041/2015, 59335/2015, 59406/2015,
59471/2015 AND 389-390/2016 (LB-BMP)
IN W.P.No.51517/2015:
BETWEEN:
Sri. Muniraju,
S/o. Muniyelappa,
Aged about 51 years,
R/at Guddahalli Village,
Ward no. 22, Bengaluru. ... Petitioner
(By Sri. B.N. Suresh, Adv.)
AND:
1. Bruhat Bangalore Mahanagara Palike,
N.R. Square,
Bengaluru - 560 002,
Rep. by its Commissioner.
-2-
2. The Assistant Director of Town Planning,
East 22nd Floor, M.G. Road,
Subhash Chandra Bose Building,
Bruhat Bangalore Mahanagara Palike,
Bengaluru - 62.
3. The State of Karnataka,
By its Secretary,
Urban Development Department,
4th Floor, Vikas Soudha,
Dr. Ambedkar Veedhi,
Bengaluru - 560 001. ....Respondents
(By Sri. Sreenidhi V., Adv. for R1 & R2
Sri. M. Munigangappa, HCGP for R3)
This writ petition is filed under Articles 226 & 227
of the Constitution of India, praying to quash the office
order dated 09.06.2010 vide Annexure-E passed by the
Respondent No.1 and etc.
IN W.P.Nos.51941 - 51944/2015:
BETWEEN:
1. Ms. Almas Kauser,
D/o. Sri. K.H. Abdul Majid,
Aged about 55 years,
Presently R/at 2231, Lenox place,
Santa Clara,
California - 94086.
(United States of America)
2. Sri. Vaseem Anjum,
S/o. Sri. K.H. Abdul Majid,
Aged about 54 years,
-3-
Presently R/at 462, Joshua Way,
Sunnyvalc,
California - 94086
(United States of America)
3. Sri. Naseem Anjum Majid,
S/o. Sri. K.H. Abdul Majid,
Aged about 53 years,
4. Ms Haleemah Sadiah,
D/o. Sri. K.H. Abdul Majid,
Aged about 20 years,
Sl.No.3 & 4 are R/at No.85/1,
Benson Cross Road,
Benson Town,
Bengaluru - 560 046. ... Petitioners
(By Sri. Jagadeeshwar J., Advocate)
AND:
1. Bruhat Bangalore Mahanagara Palike,
N.R.Square, Bengaluru - 560 O02,
Rep. by its Commissioner.
2. The Assistant Director of Town Planning,
East 22nd Floor, M.G. Road,
Subhash Chandra Bose Building,
Bruhat Bangalore Mahanagara Palike,
Bengaluru - 62.
3. The State of Karnataka,
By its Secretary,
Urban Development Department,
4th Floor, Vikas Soudha,
-4-
Dr. Ambedkar Veedhi,
Bengaluru - 01. ....Respondents
(By Sri. M.N. Ramanjaneya Gowda, Adv. for R1 & R2;
Sri. M. Munigangappa, HCGP for R3)
These writ petitions are filed under Articles 226 &
227 of the Constitution of India, praying to quash the
office order dated 09.06.2010 vide Annexure-H passed
by the Respondent No.1 and etc.
IN W.P.No.52456/2015:
BETWEEN:
Sri. K.M. Ananda Reddy,
Aged about 57 years,
S/o Late K.T. Muniswamy Reddy,
Residing at Doddakannelli Village,
Carmelram Post, Varthur Hobli,
Bengaluru - 560 035.
Represented by their GPA Holder
M/s. Abhee Developers,
Office at No.329, 2nd Floor,
27th Main, HSR Layout,
2nd Sector, Bengaluru - 560 102,
Represented by its Managing Partner,
Mr. R. Nagraja Reddy. ....Petitioner
(By Sri. Manjunatha S.M., Advocate)
AND:
1. Bruhat Bangalore Mahanagara Palike,
N.R. Square, Bengaluru - 560 002,
Represented by its Commissioner
-5-
2. The Assistant Director of Town Planning,
Bruhat Bangalore Mahanagara Palike,
Mahadevapura Zone,
Mahadevapura, Bengaluru - 560 048.
3. State of Karnataka,
By its Secretary,
Urban Development Department,
4th Floor, Vikas Soudha,
Dr. Ambedkar Veedhi,
Bengaluru - 560 001. ....Respondents
(By Sri. Sreenidhi V, 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 at Annexure-E passed by the
Respondent No.1 and etc.
IN W.P.No.54515/2015:
BETWEEN:
M/s. Thanushree Properties,
A registered Partnership Firm,
Having its office at No.329,
10th A Main Road,
3rd Block, Jayanagara,
Bengaluru - 560 011.
Represented by its Partner,
Sri. G.V. Srinivas,
S/o. Venkatarayalu Naidu,
Aged about 58 years. ....Petitioner
(By Sri. T. Nagaraja, Advocate)
-6-
AND:
1. Bruhath Bangalore Mahanagara Palike,
N.R. Circle,
Bengaluru - 560 002,
Represented by its Commissioner.
2. The Assistant Director,
Town Planning,
Rajarajeshwarinagara Division,
Bengaluru - 560 098. ....Respondents
(By Sri. M.N. Ramanjaneya Gowda, Advocate)
This writ petition is filed under Articles 226 & 227
of the Constitution of India, praying to quash the
demand notice dated 17.11.2015, issued by Respondent
No.2 produced at Annexure-B and etc.
IN W.P.No.55367/2015:
BETWEEN:
M/s. Rida Builders & Promoters Pvt. Ltd.,
A Company incorporated under Company Act,
Having office at "Skylark Chambers',
No.37/21, Yellappa Chetty Layout,
Ulsoor Road,
Bengaluru - 560 042.
Represented its Director,
Mr. Saleem Sheriff,
S/o. L.J. Mohammed Sheriff,
R/at office at "Skylark Chambers',
No.37/21, Yellappa Chetty Layout,
-7-
Ulsoor Road,
Bengaluru - 560 042. ....Petitioner
(By Sri. S.V. Manjunatha, Advocate)
AND:
1. Bruhath Bengaluru Mahanagara Palike,
N.R. Square,
Bengaluru - 560 002.
Rep. by its Commissioner
2. The Joint Director,
(Town Planning-North),
Bruhath Bangalore Mahanagara Palike,
N.R. Square,
Bengaluru - 560 002.
3. State of Karnataka,
By its secretary,
Urban Development Department,
4th Floor, Vikas Soudha,
Dr. Ambedkar Veedhi,
Bengaluru - 560 001. ....Respondents
(By Sri. M.N. Ramanjaneya Gowda, Adv. 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 at Annexure-D passed by the
Respondent No.1 and to quash the circular dated
22.08.2014 issued by Respondent No.1 at Annexure-E
and etc.
-8-
IN W.P.No.55428/2015:
BETWEEN:
Sri. Syed Akber,
S/o. Sri. Syed Jalal,
Aged about 50 years,
R/at No:152/2/2,
Chinar residency,
Wheels Road, Fazer Town,
Bengaluru - 560 005. ....Petitioner
(By Sri. S.V. Manjunatha, Advocate)
AND:
1. Bruhath Bengaluru Mahanagara Palike,
N.R. Square,
Bengaluru - 560 002.
Rep. by its Commissioner
2. The Assistant Director of
Town Planning (East),
Bruhath Bangalore Mahanagara Palike,
No. 22nd Floor,
Subhash Chandra Bose Building,
M.G. Road, Bengaluru - 560 011.
3. State of Karnataka,
By its Secretary,
Urban Development Department,
4th Floor, Vikas Soudha,
Dr. Ambedkar Veedhi,
Bengaluru - 560 001. ....Respondents
(By Sri. M.N. Ramanjaneya Gowda, Adv. for R1 & R2
Sri. M. Munigangappa, HCGP for R3)
-9-
This Writ Petition is filed under Article 226 of the
Constitution of India, praying to quash the office order
dated 09.06.2010 at Annexure-D passed by the
Respondent No.1 and etc.
IN W.P.No.55431/2015:
BETWEEN:
T. Saify,
S/o. Taherbhai,
Aged about 57 years,
No.232, Pycrofts Road,
Royabetta,
Chennai - 600 014. ....Petitioner
(By Sri. S. Raju, Advocate)
AND:
1. Bruhat Bangalore Mahanagara Palike,
N.R. Square,
Bengaluru - 560 002.
Rep. by its Commissioner
2. The Assistant Director of
Town Planning, South,
Mahanagara Palike,
Commercial Complex Building,
2nd Block, Jayanagara,
9th Main Road, 9th Cross,
Bruhath Bengaluru Mahanagara Palike,
Bengaluru - 560 011.
- 10 -
3. The State of Karnataka,
By its Secretary,
Urban Development Department,
4th Floor, Vikasa Soudha,
Dr. Ambedkar Veedhi,
Bengaluru - 560 001. ....Respondents
(By Sri. M.N. Ramanjaneya Gowda, Adv. for R1 & R2
Sri. M. Munigangappa, HCGP for R3)
This Writ Petition is filed under Articles 226 & 227
of the Constitution of India, praying to quash the
communication/demand notice dated 23.11.2015 at
Annexure-C issued by the Respondent No.2 only in so
far as demand of Rs.67,18,480/- is concerned and etc.
IN W.P.Nos.56035 - 56038/2015:
BETWEEN:
1. Sri. J.V.R. Jogiraju,
S/o. Ramakrishna Raju,
Aged about 50 years,
R/at No.323, 1st Floor,
3rd Main Road, R.T.Nagar,
Bengaluru - 32.
2. Sri. B. Ramakrishnaraju,
S/o. Ramamurthy Raju,
Aged about 61 years,
R/at No.88, 1st Floor,
3rd Main Road, R.T. Nagar,
Bengaluru - 32.
- 11 -
3. Sri. Sagi Satyanarayana Raju,
S/o. Seetharama Raju,
Aged about 58 years,
R/at No.289, 16th Cross,
2nd Block, R.T. Nagar,
Bengaluru - 32.
4. Sri. Subba Reddy Symala,
S/o. Veera Reddy,
Aged about 50 years,
R/at No.57, 1st Floor,
16th Cross, 33rd Main Road,
6th Phase, J.P. Nagar,
Bengaluru - 78 ...Petitioners
(By Sri. G.S. Byra Reddy, Advocate)
AND:
1. Bruhat Bangalore Mahanagara Palike
N.R. Square, Bengaluru - 560 002,
Rep by its Commissioner.
2. The Assistant Director of Town Planning,
East, 22nd Floor, M.G. Road,
Subhash Chandra Bose Building,
Bruhat Bangalore Mahanagara Palike,
Bengaluru - 62.
3. The State of Karnataka,
By its Secretary,
Urban Development Department,
4th Floor, Vikas Soudha,
Dr. Ambedkar Veedhi,
Bengaluru - 01 ....Respondents
(By Sri. K.N. Puttegowda, Standing Counsel for BBMP,
Adv. for R1 & R2 ; Sri. M. Munigangappa, HCGP for R3)
- 12 -
These writ petitions are filed under Articles 226 &
227 of the Constitution of India, praying to quash the
office order dated 09.06.2010 at Annexure-E passed by
the Respondent No.1 and etc.
IN W.P.No.58989/2014:
BETWEEN:
1. Mr. A. Manju,
S/o. Sri. Annegowda,
Aged about 56 years,
R/at : #37, 7th Cross,
Lavelle Road,
Bengaluru - 560 001.
2. Mr. T. Shivakumar,
S/o. Sri. Thimmegowda,
Aged about 53 years,
R/at: Edigara Beedhi,
Holenarasipura,
Hassan District.
3. Sri. Venkata Ramu,
S/o. Sri. Shivappa,
Aged about 62 years,
R/at: 321, 13th Cross,
2nd Stage, Mahalakshmipuram,
West of Chord Road,
Bengaluru - 560 082.
4. Mr. B.P. Naveen,
S/o. Late Puttaswamy,
Aged about 35 years,
R/at: Begur,
- 13 -
Channarayapattana Taluk,
Hassan District.
Petitioners No.1 to 4 are jointly represented by
their G.P.A. Holder :
5. M/s. Aparna Constructions &
Estate Private Limited,
A Private Limited Company Registered under
the Provisions of Companies Act, 1956,
Having its registered Office at No.802,
Astral Heights, Road No.1,
Banjara Hills, Hyderabad - 560 034.
and having one of its Branch Office at:
No.31, 3rd Floor,
Lotus Tower, Deveraj Urs Road,
Bengaluru - 560 001
Represented by its Authorised Signatory:
Mr. M. Devaraj,
Aged about 37 years,
S/o. T.R. Muniyappa. ...Petitioners
(By Sri. B.R. Krishna, Advocate)
AND:
1. Bruhath Bangalore Mahanagara Palike,
N.R. Square,
Bengaluru - 560 002.
Represented by its Commissioner.
2. The Joint Director of Town Planning (South),
Bruhat Bangalore Mahanagara Palike,
N.R. Square,
Bengaluru - 560 002.
- 14 -
3. State of Karnataka,
Represented by its Secretary,
Urban Development Department,
4th Floor, Vikas Soudha,
Dr. Ambedkar Veedhi,
Bengaluru - 560 001 ....Respondents
(By Sri. V. Sreenidhi, Advocate for R1 and R2 ;
Sri. M. Munigangappa, HCGP for R3)
This writ petition is filed under Articles 226 & 227
of the Constitution of India, praying to quash the
impugned demand notice dated 13.11.2014 vide
Annexure - A issued by the Respondent No.2 authority
and etc.
IN W.P.No.56496/2015:
BETWEEN:
Vagat Singh,
S/o. Late Deep Singh,
Aged about 55 years,
R/at No.250,
4th Main, 3rd Cross,
Kempegowda Nagar,
Bengaluru - 560 019. ...Petitioner
(By Sri. Gopal Singh, Advocate)
AND:
1. The State of Karnataka,
By its Secretary,
Urban Development Department,
4th Floor, Vikasa Soudha,
- 15 -
Dr. Ambedkar Veedhi,
Bengaluru - 560 001.
2. The Commissioner,
Bruhat Bangalore Mahanagara Palike,
N.R. Square,
Benglauru - 560 002.
3. The Assistant Director of Town Planning West,
Bashyam Park, Sheshadripuram,
Bruhat Bangalore Mahanagara Palike,
Bengaluru - 560 020. ....Respondents
(By Sri. M. Munigangappa, HCGP for R1 ;
Sri. S.J. Puranik, Advocate for R2 and R3)
This writ petition is filed under Articles 226 & 227
of the Constitution of India, praying to quash the
demand of Rs.10,18,800/- made in notice dated
03.12.2015 under reference at serial No.2 issued by the
Respondent No.3 vide Annexure-D etc.
IN W.P.Nos.57827-57829/2015:
BETWEEN:
1. Sri. H.K. Dwarakanath Reddy,
Aged about 66 years,
S/o. H.P.Krishna Reddy,
R/at No.158, 9th Cross,
II Stage, Indiranagar,
Bengaluru - 560 038.
2. Smt. Bharathi Reddy,
Aged about 65 years,
D/o. Late H.P. Krishna Reddy,
- 16 -
R/at No.188, I Main,
Mahalakshmi Layout,
Bengaluru - 560 086.
3. Smt. Brunda Venugopal,
Aged about 59 years,
D/o. Late H.P. Krishna Reddy,
R/at No.188, I Main,
Mahalakshmi Layout,
Bengaluru - 560 086.
Petitioners are represented
by their GPA M/s. Keerthi Estates Pvt. Ltd.,
A Registered Company
Having its branch office
at Flat No.G-1, Keerthi Ornatta,
C.V.Raman Nagar Main Road,
Nagavarapalya,
Bengaluru - 560 093
By its Managing Director
Sri. K. Anil Kumar Reddy ...Petitioners
(By Sri. T.P. Vivekananda, Advocate)
AND:
1. Bruhath Bangalore Mahanagara Palike,
N.R.Square, Bengaluru - 560 002,
Represented by its Commissioner.
2. The Joint Director,
(Town Planning-North),
Bruhat Bangalore Mahanagara Palike,
N.R.Square, Bengaluru - 560 002.
3. State of Karnataka,
By its Secretary,
- 17 -
Urban Development Department,
4th Floor, Vikas Soudha,
Dr. Ambedkar Veedhi,
Bengaluru - 560 001 ....Respondents
(By Sri. S.J. Puranik, Advocate for R1 and 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 at Annexure-F passed by the
Respondent No.1 and etc.
IN W.P.Nos.58475 - 58476/2015:
BETWEEN:
1. Mr. Nadeem Hussain,
S/o. Mr. Mahaboob Pahilwan,
Aged about 48 years,
2. Mrs. Shabana Naaz,
W/o. Mr. Nadeem Hussain,
Aged about 45 years,
Both are r/at # 13, E No.1,
Dharamaraja Koil Street,
Civil Station,
Bengaluru - 560 001 ...Petitioners
(By Sri. M.D.Raghunath, Advocate)
AND:
1. The Commissioner,
Bruhat Bengaluru Mahanagar Palike,
- 18 -
N.R. Square,
Bengaluru - 560 002.
2. The Joint Commissioner,
Bruhat Bengaluru Mahanagar Palike,
Planning Range (East),
22nd Floor, Subash Chandra Bose Building,
M.G.Road, Bengaluru - 560 001.
3. The Secretary,
Urban Development Department,
State of Karnataka,
4th Floor, Vikas Soudha,
Dr. Ambedkar Veedhi,
Bengaluru - 560 001 ....Respondents
(By Sri. N.K. Ramesh, Adv. for R1 and R2;
Sri. M. Munigangappa, Advocate for R3)
These writ petitions are filed under Articles 226 &
227 of the Constitution of India, praying to quash the
endorsement dated 19.11.2015 vide Annexure-E and
etc.
IN W.P.No.58504/2015:
BETWEEN:
M/s. Dhariwal Industries Pvt. Ltd.,
A Company Registered under
Companies Act, 1956,
Having its Registered Office at 100+101,
D.Kennedy Road,
Pune - 411 001,
Maharashtra.
- 19 -
Rep. by its P.A.Holder
M/s. Rajarajeshwarai Buildcon Pvt. Ltd.,
A Company registered under the
Companies Act, having its office at
No.67/1, Sri. Ranga Complex,
Nettakallappa Circle, Basavanagudi,
Bengaluru - 560 004.
Rep. by its Managing Director,
Sri. Ramanlal M.Shah ....Petitioner
(By Sri. Ravishankar S., Advocate)
AND:
1. The Bruhat Bangalore Mahanagara Palike,
N.R. Square, Bengaluru - 560 002,
Represented by its Commissioner.
2. The Joint Director of Town Planning, (South),
The Bruhat Bangalore Mahanagara Palike,
N.R.Square,
Bengaluru - 560 020. ...Respondents
(By Sri. S.J.Puranik, Advocate)
This writ petition is filed under Article 226 of the
Constitution of India, praying to quash the Annexure-F
issued by the Respondent No.2 dated 09.12.2015 and
etc.
IN W.P.No.59020/2015:
BETWEEN:
M/s. KPT & NIX Projects
At No.44, 1st Main Road,
- 20 -
Opp. Devina KPT Shristi Apartments,
Manivilas Garden,
Vruashabhavatinagar, Kamalanagar,
Bengaluru - 560 079.
Rep. by its Partner
Sri. Dixit K. Shah,
S/o. Kishore H. Shah,
Aged about 29 years. ....Petitioner
(By Sri. S.Raju, Advocate)
AND:
1. Bruhat Bangalore Mahanagara Palike,
N.R. Square, Bengaluru - 560 002.
Represented by its Commissioner.
2. The Assistant Director of Town Planning
West, Bashyam Park, Sheshadripuram,
Bruhat Bengaluru Mahanagara Palike,
Bengaluru - 560 020.
3. The State of Karnataka,
By its Secretary,
Urban Development Department,
4th Floor, Vikasa Soudha,
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 & 227
of the Constitution of India, praying to quash the
Communication/Demand Notice dated 16.12.2015 at
Annexure - C issued by the Respondent No.2 only in so
far as demand of Rs.40,65,000/- is concerned.
- 21 -
IN W.P.No.59021/2015:
BETWEEN:
M/s. Vasudevaraju S.,
Rep. by his GPA Holder,
Sri. S. Venkata Krishna,
S/o. S.R. Sreenivasa Raju,
Aged about 52 years,
R/at No.25, (Old No.48) 1st Main,
Marenahalli, New Ward No.125,
Bengaluru. ....Petitioner
(By Sri. S. Raju, Advocate)
AND:
1. Bruhat Bangalore Mahanagara Palike,
N.R. Square, Bengaluru - 560 002.
Represented by its Commissioner.
2. The Assistant Director of Town Planning,
West, Bashyam Park, Sheshadripuram,
Bruhat Bengaluru Mahanagara Palike,
Bengaluru - 560 020.
3. The State of Karnataka,
By its Secretary,
Urban Development Department,
4th Floor, Vikasa Soudha,
Dr. Ambedkar Veedhi,
Bengaluru - 560 001. ....Respondents
(By Sri. V. Sreenidhi, Advocate for R1 & R2 ;
Sri. M. Munigangappa, HCGP for R3)
- 22 -
This writ petition is filed under Articles 226 & 227
of the Constitution of India, praying to quash the
Communication/Demand Notice dated 21.12.2015 at
Annexure-C issued by the Respondent No.2 only in so
far as demand of Rs.31,76,048/- is concerned.
IN W.P.No.59041/2015:
BETWEEN:
M/s. Adithya Constructions,
A registered Partnership firm,
Having its office at No.51, 1st Floor,
1st Main Road, Palace Guttahalli,
Bengaluru - 560 003.
Represented by it's Managing Partner
Sri. K. Madhusudhana Reddy,
S/o. Sri. K. Sambi Reddy,
Aged about 50 years. ....Petitioner
(By Sri. Vishwanath H.M., Advocate)
AND:
1. Bruhath Bengaluru Mahanagara Palike,
(BBMP) N.R. Square, Bengaluru - 560 002.
Represented by its Commissioner.
2. The Assistant Director of Town Planning,
Bruhath Bengaluru Mahanagara Palike,
Mahadevapura,
Bengaluru - 560 048.
3. State of Karnataka,
Represented by its Secretary,
- 23 -
Urban Development Department,
4th Floor, Vikasa Soudha,
Dr. Ambedkar Veedhi,
Bengaluru - 560 001. ....Respondents
(By Sri. I.G. Gachchinamath, Adv. for R1 & R2;
Sri. M. Munigangappa, HCGP for R3)
This writ petition is filed under Articles 226 & 227
of the Constitution of India, praying to quash the
Endorsement/Demand Notice dated 18.12.2015 issued
by the Respondent No.2 vide Annexure-A and etc.
IN W.P.No.59335/2015:
BETWEEN:
Smt. K.S. Sujaya,
W/o. M.R. Nanjundaiah,
Aged about 63 Years,
Residing at No.52/2,
Mallathahalli Village,
Yeshwanthapura Hobli,
Rajarajeshwari Nagar, Sub-Division,
Ward No.129, Bengaluru. ....Petitioner
(By Sri. S. Raju, Advocate)
AND:
1. Bruhat Bengaluru Mahanagara Palike,
N.R. Square, Bengaluru - 560 002,
Represented by its Commissioner.
2. The Asst. Director, (Town Planning-East)
Yelahanka Range,
Bruhat Bangalore Mahanagara Palike,
Bengaluru - 560 092.
- 24 -
3. The State of Karnataka,
By its Secretary,
Urban Development Department,
4th Floor, Vikasa Soudha,
Dr. Ambedkar Veedhi,
Bengaluru - 560 001. ....Respondents
(By Sri. S.J. Puranik, Advocate for R1 & R2;
Sri. M. Munigangappa, HCGP for R3)
This writ petition is filed under Articles 226 & 227
of the Constitution of India, praying to quash the
Communication/Demand Notice dated 16.12.2015 vide
Annexure-C issued by the Respondent No.2 only in so
far as Demand of Rs.1,46,99,000/- is concerned.
IN W.P.No.59406/2015:
BETWEEN:
M/s. Surya Homes,
Office at Surya Emarald,
Flat No.503, Siddapura,
Marthalli, Bengaluru - 560 066.
Rep. by Managing Partner
Palaka Suresh,
S/o. Palaka Surya Prakash Rao,
Aged about 38 years ....Petitioner
(By Sri. S. Raju, Advocate)
AND:
1. Bruhat Bangalore Mahanagara Palike,
N.R. Square, Bengaluru - 560 002,
Represented by its Commissioner.
- 25 -
2. The Joint Director, (Town Planning-East)
North, N.R. Square,
Bruhat Bengaluru Mahanagara Palike,
Bengaluru - 560 002.
3. The State of Karnataka,
By its Secretary,
Urban Development Department,
4th Floor, Vikasa Soudha,
Dr. Ambedkar Veedhi,
Bengaluru - 560 001. ....Respondents
(By Sri. S.J. Puranik, Adv. for R1 and R3
Sri. M. Munigangappa, HCGP for R3)
This writ petition is filed under Articles 226 & 227
of the Constitution of India, praying to quash the office
order dated 09.06.2010 at Annexure-E passed by the
Respondent No.1 and etc.
IN W.P.No.59471/2015:
BETWEEN:
M/s. M.C. Builders,
Office at No.3131, 1st Floor,
6th C Main, HAL 2nd Stage,
Indiranagar, Bengaluru - 560 008,
M. Dhananjaya Reddy,
S/o. Richi Reddy,
Aged about 51 years ....Petitioner
(By Sri. S. Raju, Advocate)
AND:
1. Bruhat Bangalore Mahanagara Palike,
N.R. Square, Bengaluru - 560 002,
Represented by its Commissioner.
- 26 -
2. The Joint Director, (Town Planning-East)
North, N.R. Square,
Bruhat Bengaluru Mahanagara Palike,
Bengaluru - 560 002.
3. The State of Karnataka,
By its Secretary,
Urban Development Department,
4th Floor, Vikasa Soudha,
Dr. Ambedkar Veedhi,
Bengaluru - 560 001. ....Respondents
(By Sri. M. Munigangappa, HCGP for R3;
Sri. V. Sreenidhi, Adv. for R1 & R2)
This writ petition is filed under Articles 226 & 227
of the Constitution of India, praying to quash the office
order dated 09.06.2010 at Annexure-E passed by the
Respondent No.1 and etc.
IN W.P.Nos.389-390/2016:
BETWEEN:
1. Sri. A. Venkatesh,
S/o. Late K.M. Angappa Chettiar,
Aged about 53 years,
2. Sri. A. Shivakumar,
S/o. Late K.M. Angappa Chettiar,
Aged about 48 years,
Both are residing at No.69,
Chunchagatta Main Road,
Ganapathipura, Konankunte Village,
Bengaluru - 560 062, .....Petitioners
(By Sri. B. Pramod, Advocate)
- 27 -
AND:
1. The State of Karnataka,
The Urban Development Department,
Vikasa Soudha,
Dr. B.R. Ambedkar Veedhi,
Bengaluru - 560 001,
Represented by its Secretary.
2. Bruhath Bangalore
Mahanagara Palike,
N.R. Square, Bengaluru - 560 002,
Represented by its Commissioner.
3. The Assistant Director,
Town Planning,
Bruhath Bangalore Mahanagara Palike,
Bommanahalli Division,
Bengaluru - 560 068. ....Respondents
(By Sri. I. Tharanath Poojary, AGA for R1;
Sri. S.N. Prashanth Chandra, Adv. for R2 & R3)
These writ petitions are filed under Articles 226 &
227 of the Constitution of India, praying to quash the
office order dated 09.06.2010 issued by the Respondent
No.2 (Annexure-F) in so far the petitioner is concerned
and etc.
These Writ petitions coming on for Orders this
day, the Court made the following:
- 28 -
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 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 SV