Smt Simpal R Shetty vs Mangaluru Urban Development Authority ... on 2 November, 2016

[Cites 4, Cited by 1]

Karnataka High Court

Smt Simpal R Shetty vs Mangaluru Urban Development Authority ... on 2 November, 2016

Bench: A.S. Bopanna

                          1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 2ND DAY OF NOVEMBER, 2016

                       BEFORE

       THE HON'BLE MR. JUSTICE A.S. BOPANNA

        WRIT PETITION NO.55104/2016 (GM-RES)

BETWEEN:

SMT. SIMPAL R SHETTY
W/O ROHAN SHETTY
AGED 33 YEARS
RESIDING AT 704
CASTLE APARTMENT
KADRI
MANGALORE - 575 002                     ...PETITIONER

(BY SRI. VISHWAJITH SHETTY S, ADV.)

AND:

1.     MANGALURU URBAN DEVELOPMENT
       AUTHORITY (MUDA)
       THROUGH ITS COMMISSIONER
       URVA STORES, ASHOKA NAGAR
       MANGALORE - 575 006

2.     STATE OF KARNATAKA
       REPRESENTED BY ITS
       SECRETARY TO DEPARTMENT
       OF URBAN DEVELOPMENT
       VIKASA SOUDHA
       BENGALURU - 560 001            ...RESPONDENTS

(BY SRI. HAREESH BHANDARY, ADV. FOR R1;
    SRI. Y.D.HARSHA, AGA FOR R-2)


    THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
                             2



QUASH THE IMPUGNED ENDORSEMENT ANNEXURE - F
DATED NIL/08/16 ISSUED BY THE R-1 AND ETC.,

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

                        ORDER

The petitioner is before this Court assailing the endorsement dated Nil-8-2016 at Annexure-F to the petition. The petitioner in that light is seeking issue of mandamus to the first respondent to consider the application dated 12.07.2016 and allow the petitioner to construct the LPG Storage in the plot offered in Sy.No.43/3P4 measuring 30 cents in Adyar Village, Mangaluru Taluk.

2. The petitioner has offered to construct the LPG godown in land bearing Sy.No.43/3P4 on being provided the distributorship by the Bharath Petroleum Corporation Limited. Since, the land is situate in agricultural zone, the petitioner has filed an application for change of land use, so as to construct the LPG Storage godown. The application is dated 12.07.2016 as at Annexure-E to the petition.

3. The first respondent while taking note of such application has issued the impugned endorsement at Annexure-F which gives an indication that the first respondent has wrongly construed the application of the petitioner as a request seeking for reservation of Government land for the purpose of constructing the LPG Storage godown. Since, the endorsement is issued by wrongly construing the request of the petitioner; such endorsement would not be sustainable.

4. It is to be noted that the petitioner in fact is seeking change of land use as provided under the Karnataka Town and Country Planning Act, 1961 and in that light, when an application has been made by the petitioner, the first respondent will have to consider such application in terms of Section 14(A) of the Act and pass appropriate orders in accordance with law.

5. Therefore, the impugned endorsement at Annexure-F is quashed. A direction is issued to the first respondent to reconsider the application dated 12.07.2016 submitted by the petitioner, keeping in view 4 the provisions contained in Section 14(A) of the Act and pass appropriate orders thereon, after duly complying with the requirements therein. Such order shall be passed as expeditiously as possible but, not later than six weeks from the date on which a copy of this order is furnished to the first respondent.

Petition is accordingly disposed of.

Sd/-

JUDGE ST

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