Karnataka High Court
Nandish Park Apartment Owners Welfare ... vs The Commissioner, Bruhat Bengaluru ... on 12 March, 2022
1
HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU
BEFORE THE MEGA LOK ADALAT
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2022
CONCILIATORS PRESENT
THE HON'BLE MR.JUSTICE B. VEERAPPA
AND
SRI M.N. UMASHANKAR, MEMBER
WRIT PETITION No.572/2021
LOK ADALAT No.225/2022
BETWEEN:
NANDISH PARK APARTMENT
OWNERS WELFARE ASSOCIATION
NANDISH PARK APARTMENTS
NO.18 19TH CROSS
MUTHYALANAGAR
BENGALURU-560054
REPRESENTED BY ITS SECRETARY
SRI ACHUTHAN S NAIR
...PETITIONER
(By Sri K.SUMAN, ADV.)
AND:
1. THE COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE
2
N.R.SQUARE
BENGALURU-560 002.
2. THE EXECUTIVE ENGINEER
ROAD AND INFRASTRUCTURE
RAJARAJESHWARI NAGAR DIVISION
BRUHAT BENGALURU MAHANAGARA PALIKE
ANNEXURE BUILDING-III
ROOM NO.408
N R CHOWK
BENGALURU-560 002.
3. THE COMMISSIONER
BENGALURU DEVELOPMENT AUTHORITY
T CHOWDAIAH ROAD
K P WEST
BENGALURU-560 020.
...RESPONDENTS
(By Sri G.LAKSHMEESH RAO, ADV., FOR R3 M/s. H.D.ASSOCIATES, ADVS., FOR R1 & R2) THIS WP IS FILED UNDER ARTICLES 226 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO FORTHWITH DETERMINE THE COMPENSATION AMOUNT PAYABLE BY THE RESPONDENTS FOR THE LOSSES OCCASIONED TO THE OTHER REMAINING OWNERS OF NANDISH PARK APARTMENT I.E., MEMBERS OF THE PETITIONER - ASSOCIATION AND TO DISBURSE / PAY THE SAID COMPENSATION UNDER THE PROVISIONS OF THE RIGHT TO FAIR COMPENSATION IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 BEFORE PROCEEDING WITH 3 ANY DEMOLITION WORK OF A PORTION OF NANDISH PARK APARTMENT HAVING ADDRESS AT NO.18, 19TH CROSS, MUTHYALANAGAR, BENGALURU-560 054.
THIS WRIT PETITION COMING ON FOR CONCILIATION BEFORE THE MEGA LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED :
CONCILIATION ORDER Sri. S. Achuthan S. Nair, General Secretary of the petitioner - Association and Sri. Nandeesha J.R., Executive Engineer, BBMP representing the second respondent are present before the Lok Adalat.
2. This writ petition is filed praying to direct the respondents to forthwith determine the compensation amount payable by the respondents for the losses occasioned to the other remaining owners of Nandish Park Apartment i.e. Members of the petitioner - Association and to disburse / pay the said compensation under the provisions of the Right to Fair Compensation in Land Acquisition, Rehabilitation and Resettlement Act, 2013 before proceeding with any demolition 4 work of a portion of Nandish Park Apartment having address at No.18, 19th Cross, Muthyalanagar, Bengaluru - 560 054 and to award costs and grant such other relief as the Court deems fit in the circumstances of the case.
3. After negotiations, both the parties settle the matter as Mr. Nandeesha J.R., Executive Engineer, BBMP, R.R. Nagar Division undertakes that BBMP will not demolish the stairway and lift though it comes in the 'B' block. BBMP will reconstruct all the plumbing and electrical lines which are connected to C-
block. BBMP also assures the petitioner that all the common facilities which are meant for 'C' and 'B' block dwellers will be retained or reconstructed which are shown in the approved building plan. BBMP will take utmost care to avoid air pollution and any structural risk while demolishing the building and reconstruct the common facilities which are in 'B' block as per their sanctioned plan.
4. The undertaking given by Mr. Nandeesha J.R., Executive Engineer, BBMP is placed on record. The settlement 5 arrived at by both parties as noted above is also placed on record.
5. The writ petition is disposed of in terms of the undertaking and the settlement arrived at between both side parties as noted above.
No order as to costs.
Sd/-
JUDGE Sd/-
MEMBER sac* 6 FILED BEFORE LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU W.P. NO. 572/2021 (LOK ADALATH NO. 225 /2022) BETWEEN:
NANDISH PARK APARTMENT OWNERS WELFARE ASSOCIATION ...PETITIONER AND:
THE COMMISSIONER, BBMP & ORS. ...RESPONDENTS JOINT MEMO FILED BY THE PETITIONER AND THE RESPONDENTS 1&2 The Petitioner and the respondents 1 & 2 humbly submit as follows:
1. The petitioners and the respondents have amicably settled the matter between the parties before the Hon'ble Lok Adalat in terms of the undertaking given by Sri. Nandeesha J.R., the Executive Engineer, BBMP (respondent No.1), R.R. Nagar, Bengaluru Division, to the effect that BBMP will not demolish the stairway and lift though it comes in the 'B' block; that BBMP will reconstruct all the plumbing and electrical lines which are connected to C-block; that BBMP also assures the petitioner that all the common facilities which are meant True Copy Sd/-
Secretary.
7for 'C' and 'B' block dwellers will be retained or reconstructed which are shown in the approved building plan; that BBMP will take utmost care to avoid air pollution and any structural risk while demolishing the building and reconstruct the common facilities which are in 'B' block as per their sanctioned plan.
2. That apart, the respondents 1 &2/ BBMP have also undertaken in the statement of objections filed in the above case at paragraphs 7,9,10,11,13 & 14 (which are acceptable to the petitioner) as under;
"7. No damage would arise to the other building blocks in removing the block-B. BBMP will take utmost care while removing the required building block and avoiding any damage to other flat owners.
9. It is submitted that BBMP will not demolish the stairway and lift though it comes in the 'B' block. BBMP will reconstruct all the plumbing and electrical lines which are connected to C block. BBMP assures all the common facilities which are meant for 'C' & 'B' block dwellers will be retained or reconstructed which are shown in the approved building plan. BBMP will take utmost care to avoid air pollution and any structural risk while demolishing the building. BBMP will reconstruct the common facilities which are in the 'B' block as per their sanctioned building plan.
True Copy Sd/-
Secretary.8
10. It is submitted that BBMP will relocate the generator to suitable location to welfare association. It is the fact that BBMP is taking only 'B' block owners parking area. BBMP is entitled to take 15 parking lots whereas it is taking only 11 parking lots. Four remaining parking lots which belong to BBMP will be left with the apartment association owners for their own use. BBMP will relocate the transformer including 'BED' to the suitable place in consultation with the association including underground cables.
11. It is submitted that BBMP will relocate the common facilities which are shown in the building sanctioned plan to the suitable location in consultation with welfare association. The Bore well shall be retained for apartment use. Rainwater harvest pit will be reconstructed at suitable location shown by welfare association and the BBMP will take care the interest of all the welfare association owners.
13. It is submitted that BBMP will take care the interest of all the residents before constructing the road and it is reiterated that reconstructed of all the services/utilities/common facilities which are shown in the sanctioned building plan will be taken by BBMP.
14. BBMP will also take care of all the residents' interest by retaining or relocating the common facilities which are shown in the Sanctioned building Plan".
True Copy Sd/-
Secretary.
93. The petitioner is satisfied with the undertaking given by the respondents 1 & 2 through Sri. Nandeesha J.R. Before the Hon'ble Lok Adalath and also the undertaking given by the respondents 1 & 2 in the statement of objections filed, as culled out supra and accordingly both the parties have filed this Joint Memo praying this Hon'ble Court to take this Joint Memo on record and that the above writ petition be disposed of in terms of this Joint Memo.
WHEREFORE, the petitioner and the respondents 1 & 2 humbly pray that this Hon'ble Court be pleased to dispose of the above Writ Petition in terms of this Joint Memo filed by the petitioner and the respondents 1 & 2, in the interests of justice and equity.
Sd/- Sd/-
Advocate for Petitioner Petitioner
Sd/- Sd/-
Advocate for Respondents Respondents
Bengaluru
Date: 12.03.2022
True Copy
Sd/-
Secretary.