Karnataka High Court
M/S Godrej Reserve Llp vs State Of Karnataka on 5 June, 2023
Author: R Devdas
Bench: R Devdas
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WP No. 8407 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 8407 OF 2023 (LB-RES)
BETWEEN:
M/S GODREJ RESERVE LLP
(FORMERLY M/S. SAI SRUSHTI
OPENHUB PRJOECTS LLP)
A LIMITED LIABILITY PARTNERSHIP FIRM,
REGISTERED UNDER THE PROVISIONS OF
LIMITED LIABILITY PARTNERSHIP ACT, 2005,
HAVING OFFICE AT GODREJ ONE,
5TH FLOOR, PIROJSHANAGAR,
EASTERN EXPRESS HIGHWAY,
VIKHROLI (EAST), MUMBAI - 400 079
AND HAVING REGIONAL OFFICE AT
Digitally signed
by JUANITA LEVEL 10, PRESTIGE OBELISK,
THEJESWINI
Location:
KASTURBA ROAD,
HIGH COURT BENGALURU - 560 001
OF
KARNATAKA REPRESENTED BY ITS
AUTHORISED SINGATORY
ASST. MANAGER
CUSTOMER LITIGATION
SMT. NISHA MOHAN
...PETITIONER
(BY SRI. BADRI VISHAL., ADVOCATE)
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WP No. 8407 of 2023
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF
URBAN DEVELOPMENT,
VIKAS SOUDHA,
BENGALURU - 560 001.
REPRESENTED BY ITS
UNDER SECRETARY
2. SATELLITE TOWN RING ROAD
PLANNING AUTHORITY
BMRDA OFFICE, NO. 1,
ALI ASKAR ROAD,
BENGALURU - 560 052.
REPRESENTED BY ITS
MEMBER SECRETARY
...RESPONDENTS
(BY SRI. NITHYANANDA, AGA FOR R1
SRI. YOGESH D NAIK, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITTUTION OF INDIA PRAYING TO QUASH
THE NOTIFICATION BEARING NO.NAE 194 BMR 2016
DTD.20.05.2017 ISSUED BY R1 IN SO FAR IMPOSING
ADDITIONAL CONDITION THAT 5 PERCENT OF THE TOTAL
AREA WOULD BE RESERVED AND RELINQUISHED IN FAVOUR
OF RESPONDENT NO. 2 AT THE TIME OF APPROVAL OF
DEVELOPMENT OF THE LAND AT ANNX-A AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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WP No. 8407 of 2023
ORDER
R.DEVDAS J., (ORAL):
This petition is filed challenging the Notification dated 20.05.2017 issued by respondent No.1-State in so far it relates to imposing a condition that the land owner shall reserve 5% of the total area as land bank for Satellite Town Ring Road project at the time of approval of development of the land and that the same shall be relinquished in favour of the Satellite Town Ring Road planning authority.
2. The issue involved in the present writ petition was examined by a Co-ordinate Bench of this Court in the case of M/s.Chartered Holdings Vs. State of Karnataka and Another in W.P.No.15250/2022 and this Court held that the relinquishment of 5% of total land area as a condition precedent for approval of development plan violates Article 300A of the Constitution of India.
Therefore, this writ petition requires to be disposed of in the light of the order dated 10.08.2022 passed in W.P.No.15250/2022.
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ORDER
i) The writ petition is allowed.
ii) The impugned Notification dated 20.05.2017 issued by the respondent - State shall not be made applicable to the petitioner.
iii) The petitioner and respondent No.2-Member Secretary, Satellite Town Ring Road Planning Authority, shall proceed to execute and register a rectification deed to the relinquishment deed dated 27.09.2018 at Annexure 'B' deleting or expunging relinquishment of 5% of the schedule property therein towards land bank while retaining the relinquishment of civic amenity area and land reserved for the formation of Satellite Town Ring Road.
iv) The petitioner and respondent No.2-Member Secretary, Satellite Town Ring Road Planning Authority, shall proceed to execute and register a rectification deed to the relinquishment deed dated 27.09.2018 at Annexure 'C' deleting or expunging relinquishment of 5% of the schedule property -5- WP No. 8407 of 2023 therein towards land bank while retaining the relinquishment deed only in respect of civic amenity and other areas.
Sd/-
JUDGE JT/-