Karnataka High Court
Trishul Developers vs State Of Karnataka on 14 September, 2018
Author: G.Narendar
Bench: G.Narendar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4th DAY OF SEPTMEMBER, 2018
BEFORE
THE HON'BLE MR. JUSTICE G.NARENDAR
WRIT PETITION NOS.18300-304 OF 2014 (LA-BDA)
Between:
1. Trishul Developers,
A Partnership Firm having
its office at 109 B, M.G.Road,
Bangalore-560001.
Represented by its Partner,
Mr.Omprakash Mittal.
2. Mr. R. Narayana Swamy,
Aged about 64 years,
3. Mr.R.Basavaraju,
Aged about 60 years,
4. Mr.Adinarayana,
Aged about 55 years,
5. Mr. R.Nagaraj,
Aged about 53 years,
Petitioners 2 to 5 are sons of
Late Sri. Ramaiah,
R/at Jakkur Village,
Yelahanka Hobli,
Bangalore North -560064.
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Petitioners 2 to 5 are represented
by their Power of Attorney Holder,
the 1st petitioner. ...Petitioners
(By Sri. Rajendra M.S., Advocate for
Sri. Vivek Holla, Adv for petitioners)
And:
1. State of Karnataka
Represented by the Principal Secretary,
Housing and Urban Development Department,
Vikasa Soudha,
Bengaluru-560 001.
2. Bangalore Development Authority,
Kumara Park West,
Chowdaiah, Road,
Bangalore-560001.
Represented by its Commissioner.
3. Bruhat Bangalore Mahanagara Palike,
Corporation Circle,
Bangalore-560001.
Represented by its Commissioner.
4. S.Jayaram,
S/o late Marrisubbaiah,
Aged about 69 years,
R/at Jakkur Village,
Yelhanka Hobli,
Bangalore North-560064.
5. Smt. Sharadamma, Major,
R/at Jakkur Village, Yelhanka Hobli,
Bangalore North-560064.
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6. Smt. Savithramma
W/o Doddamariappa,
Aged about 65 years,
R/at Muneshwara Temple Road,
Jakkur village, Yelhanka Hobli,
Bangalore North-560064.
Since dead by LR's
6a. J.M.Nagesh S/o Doddamariappa,
Aged about 39 years,
R/at Muneshwara Temple Road,
Jakkur village, Yelhanka Hobli,
Bangalore North-560064.
7. Smt. Muniyamma Major,
R/at Jakkur Village,
Yelhanka Hobli,
Bangalore North-560064.
8. Smt. Gowramma, Major,
R/at Jakkur Village,
Yelhanka Hobli,
Bangalore North-560064.
9. Sri. Amit Anand,
S/o Sri. Om Prakash Singh,
Aged about 30 years,
Presently R/at Flat No.A-503,
VDB Celedon Apartment,
Yelahanka Hobli,
Shivanahalli Village,
Bangalore - 560064.
10. Sri. Baljeet Singh,
S/o Sri. Harvinder Singh,
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Aged about 34 years,
Presently R/at D-101,
Jalavayu Heights,
Airforce Naval Apartments,
HMT Main Road, Jalahalli,
Bangalore-560013.
11. Ms.M.Prerna Pai,
D/o M.K.C.Pai,
Aged about 26 years,
Presently R/at B-908,
Krishna Prakash,
170/1, 16th Main,
BTM 1st Stage,
Bangalore-560068,
12. Mr. Harsha Gangadhar H.G.,
S/o H.T.Gurudeva,
Aged about 37 years,
Presently R/at No.734,
5th A Cross, A Sector,
Yelahanka New Town,
Bangalore-560064.
*13. K.S.BHARATH
S/O SUBBA RAO, AGED ABOUT 51 YEARS,
R/AT NO.D-406, CASA ANSAL APARTMENT,
J.P.NAGAR III PHASE, BANNERGHATTA ROAD,
BANGALORE-560076.
14. M/S. C.V.PROPINFRA PRIVATE LIMITED,
R/O. NO.1/A, ULSOOR ROAD,
BANGALORE-560042,
R/BY ITS DIRECTOR, MR.K.S.BHARATH. ...Respondents
(By Smt. B.P.Radha, AGA for R1,
Sri. Bipin Hegde Adv. for R2,
Sri. K.V.Narasiman Adv for
Sri. K.N.Puttegowda for R3,
Sri. K.B.Mahesh Kumar Adv for R4 to R8,
Sri. Ashok BV Patil for R9 to 12
Smt. Vijetha R Naik for LRs.deceased R6(a))
These Writ Petitions are filed under Articles 226
and 227 of the Constitution of India praying to quash the
De-notification orders/endorsements dated 10.05.2013
issued by the R-2 (Annex-P), dated 10.05.2013 issued by
* INSERTED V/C/O DATED.19/11/2018.
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the R-2 (Annex-P1), dated 10.05.2013 issued by the R-2
(Annex-P2), dated 10.05.2013 issued by the R-2 (Annex-
P3), dated 10.05.2013 issued by the R-2 (Annex-P4),
dated 10.05.2013 issued by the R-2 (Annex-P5), issued
by the R2 in so far as it relates to 18 MTR, wide road
formed thereon, being 16th main road, Arkavathy Layout
and etc.,
These Writ Petitions coming on for orders this day,
the court made the following:
ORDER
Learned counsel for the petitioners and respondents have filed the application under Order 23 Rule 3 of CPC and Articles 226 and 227 of the Constitution of India, whereby the parties have agreed to resolve the disputes arising amongst them amicably. A copy of the sketch marking the properties involved is enclosed along with the compromise petition.
2. 5th respondent - Smt. Sharadamma is represented by her son -Mr.Ravi Kumar through General Power of Attorney and a copy of the same is also placed on record.
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3. Legal representatives of deceased 6th respondent-Sri. J.M.Nagesh is present before the Court and 8th respondent-Smt. Gowramma is represented by her son- Mr.Rajanna and a copy of the General Power of Attorney is placed on record.
4. Learned counsel for respondents 9 to 11 is present and learned counsel for respondent No.12 is absent.
5. Learned counsel for petitioners submits that respondents 9 to 12 are the purchasers of apartments and they have purchased the same through the 1st petitioner. The petitioners 1 to 5 and respondents 4 to 8 are identified by their respective counsels. The impleading respondent No.13-K.S.Bharath is also present before the Court and he represents 14th respondent, which is a corporate entity. 13th respondent is identified by his counsel.
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6. The compromise petition reads as under:
2. Respondents 4 to 8, 13 and 14 have submitted a layout plan to Bangalore Development Authority ('BDA' for short) for approval of the proposed residential layout in the land bearing Sy.No.13/1, 13/2 and 13/10 to 13/15 of Jakkur Village, Yelahanka Hobli, Bangalore North Taluk.
3. Respondents 4 to 8, 13 & 14 undertake to provide a 12.2 meter wide road access to the lands belonging to the petitioner bearing Sy.No.31/1 to 31/4, 32/2 to 32/8, 33/3 and 33/4 in Shivanahalli Village, Yelahanka Hobli, Bangalore North Taluk, Bangalore, through the property bearing No. 13/1, 13/2 and 13/10 to 13/15 of Jakkur Village, Yelahanka Hobli, Bangalore North Taluk, Bangalore belonging to the respondents 4 to 8, 13 and 14, as indicated in the appended plan and marked red therein.8
4. The respondents 4 to 8, 13 and 14 shall release and relinquish the land pertaining to 12.2M wide road through which the petitioners shall have an access from the main road till the edge of respondents' 4 to 8, 13 and 14 property as indicated hereinabove within 60 days of this compromise petition. The 12.2 Meter wide road referred to herein above shall be a public road.
5. The respondents 4 to 8, 13 & 14 shall withdraw any and all objections filed by them before the BBMP in respect of the plan sanctioned in favour of the petitioner and shall also have no objection to being deleted from WP. NO.53809-813/2015.
6. The respondents 4 to 8, 13 & 14 shall assist the petitioner herein in obtaining revalidation/extension of the 9 sanctioned plan from BBMP in respect of the project of the petitioner.
7. The petitioners agree to withdraw the objections dated 10.01.2018 and 17.01.2018 to the paper publication dated 09.01.2018,
7. Learned counsel for the petitioners submits that the presence of respondents 9 to 12 for the purpose of recording their statement with respect to the disputes arising amongst them may be dispensed with as the settlement arrived at between the parties is no way derogates from the rights of the respondents 9 to 12 and the same is protected and the settlement does not impinge or in any manner curtail the rights of respondents 9 to 12.
8. Submission of the petitioners' counsel is placed on record.
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9. Learned counsel for respondents 13 and 14 also submits that the settlement arrived at today does not in any manner curtail the rights conveyed in favour of respondents 9 to 12.
10. His submission is placed on record. In view of settlement arrived between the parties, the writ petitions are disposed of in terms of compromise petition.
Sd/-
JUDGE JS/-