Karnataka High Court
Errol John Noronha vs The State Of Karnataka on 30 May, 2023
Author: Krishna S Dixit
Bench: Krishna S Dixit
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WP No. 6545 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 6545 OF 2023 (GM-RES)
BETWEEN:
1. ERROL JOHN NORONHA,
S/O LATE RONALD NORONHA,
AGED ABOUT 57 YEARS,
R/A HOUSE OF HIRANANDANI CALGARY B 103,
DEVANAHALLI, BENGALURU-562 110.
2. DELFINA NORONHA,
W/O ERROL NORONHA,
AGED ABOUT 54 YEARS,
R/A HOUSE OF HIRANANDANI CALGARY,
B103, DEVANAHALLI, BENGALURU-562 110.
3. HARJIT SINGH,
AGED ABOUT 76 YEARS,
Digitally SON OF LATE SARDUL SINGH,
signed by
SHARADA RESIDING AT NO.7/1,
VANI B ALIASKER ROAD, VASANTH NAGAR,
Location: BENGALURU-560 052.
HIGH COURT
OF SENIOR CITIZEN BENEFIT NOT CLAIMED.
KARNATAKA
4. RASHMI LUNIA BHURA,
AGED ABOUT 42 YEARS,
WIFE OF AMIT BHURA,
RESIDING AT S-202,
NUM-48TH, WILSON COURT,
6TH CROSS, WILSON GARDEN,
NEAR 7TH CROSS, JAIN TEMPLE,
BENGALURU-560 027.
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WP No. 6545 of 2023
5. SUMITA VEDA,
AGED ABOUT 46 YEARS,
WIFE OF ATIN VEDA,
RESIDING AT S-202, NUM-48TH,
WILSON COURT, 6TH CROSS,
WILSON GARDEN, NEAR 7TH CROSS JAIN TEMPLE,
BENGALURU-560 027.
6. MOHIT SHARMA,
AGED ABOUT 44 YEARS,
SON OF SATENDRA SHARMA,
RESIDING AT FLAT 003, TOWER 13,
L & T RAINTREE BOULEVARD,
BYATARAYANAPURA, SAHAKARNAGAR,
BENGALURU-560 092.
7. AKANSHA SHARMA,
AGED ABOUT 40 YEARS,
WIFE OF MOHIT SHARMA,
RESIDING AT FLAT 003, TOWER 13,
L & T RAINTREE BOULEVARD,
BYATARAYANAPURA, SAHAKARNAGAR,
BENGALURU-560 092.
8. PRASHANTH PANDURANGA
AGED ABOUT 53 YEARS,
SON OF H PANDURANGA,
RESIDING AT 393, 17TH MAIN,
4TH T BLOCK, JAYANAGAR,
BENGALURU-560 041.
9. EKTA VERMA,
AGED ABOUT 28 YEARS,
D/O PREM PRAKASH,
RA/T 803, MERAID -1, SECTOR 11,
CBD BELAPUR, NAVI MUMBAI 400 614.
REP THROUGH HER POA HOLDER
PREM PRAKASH
10. PRABHA VERMA,
AGED 54 YEARS,
W/O PREM PRAKASH,
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WP No. 6545 of 2023
RA/T 803, MERAID -1, SECTOR 11,
CBD BELAPUR, NAVI MUMBAI 400 614.
11. K AMIT,
AGED ABOUT 41 YEARS,
S/O B KOMBI,
R/AT VILLA 14, OCEANUS RESIDENCY,
100 FEET, MALMPUZHA ROAD, PUTTUR
PALAKKAD, KERALA 678 001.
12. P V SAVITHRI,
AGED ABOUT 60 YEARS,
W/O B KOMBI,
R/AT VILLA 14, OCEANUS RESIDENCY,
100 FEET MALMPUZHA ROAD,
PUTTUR, PALAKKAD, KERALA 678 001.
13. SHAILA MANOHAR,
AGED ABOUT 45 YEARS,
W/O SRI MONOHAR C R,
R/AT 37 , 38TH CROSS, EAST END ROAD,
JAYANAGAR 9TH BLOCK,
BENGALURU 560 069.
14. LAKSHMAN BALAKRISHNA,
AGED ABOUT 63 YEARS,
S/O LATE T P LAKSHMAN,
RA/T 47/3, LAVELLE ROAD,
6TH CROSS, BANGALORE 560 001.
15. SHARAGOPAN EYUNNI,
AGED ABOUT 55 YEARS,
SON OF RAJAGOPALAN EYUNNI,
RESIDING AT MAALYADA, NO 34,
1ST E CROSS, 2ND PHASE, 6TH BLOCK,
BANASHANKARI 3RD STAGE,
BENGALURU - 560 085.
16. B S CHAUHAN,
AGED ABOUT 57 YEARS,
SON OF BIJENDRA SINGH CHAUHAN,
RESIDING AT C 601, PAVILION,
OZONE URBANA, UDAYAGIRI 562 110.
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WP No. 6545 of 2023
17. SANGITA CHAUHAN
AGED ABOUT 53 YEARS,
WIFE OF B S CHAUHAN,
RESIDING AT C-601, PAVILION,
OZONE URBANA, UDAYAGIRI 562 110.
18. JAGADEESAN P,
AGED ABOUT 54 YEARS,
SON OF G K PADMANABHAN,
RESIDING AT FLAT NO 1081,
PRESTIGE SHANTINIKETAN,
ITPL MAIN ROAD, WHITEFIELD,
BENGALURU 560 048.
19. BHAVNA SADHWANI
AGED ABOUT 67 YEARS,
W/O RAJU SADHWANI,
R/AT 2311, 1ST CROSS, BDA LAYOUT,
HAL 3RD STAGE, EXTN., OPP KEMP FORT,
AIRPORT ROAD, BENGALURU 560 017.
20. RAJU SADHWANI
AGED ABOUT 69 YEARS,
S/O KISHINCHAND SADHWANI,
R/AT 2311, 1ST CROSS, BDA LAYOUT,
HAL 3RD STAGE, EXTN., OPP KEMP FORT,
AIRPORT ROAD, BENGALURU 560 017.
21. SUDHIR R
AGED ABOUT 45 YEARS,
S/O LATE RAVI NAMBIAR,
R/AT VILLA NO 261, EXOTICA LANE,
HIMAGIRI MEADOWS, GOTTIGERE,
BANNERUGHATTA MAIN ROAD,
BENGALURU 560 083.
22. SREELAKSHMI S
AGED ABOUT 39 YEARS,
D/O SASI KUMAR SARMA,
R/AT VILLA NO 261, EXOTICA LANE,
HIMAGIRI MEADOWS, GOTTIGERE,
BANNERUGHATTA MAIN ROAD,
BENGALURU 560 083.
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WP No. 6545 of 2023
23. MADHAV RANGACHARI
AGED ABOUT 47 YEARS,
S/O N R RANGACHARI,
R/AT 7/5, VISHWAVIHAR,
ASTE OFFICERS ENCLAVE, CV RAMAN NAGAR,
BENGALURU 560 093.
24. SINDHUJA RANGARAJAN,
AGED ABOUT 41 YEARS,
W/O MADHAV RANGACHARI,
R/AT 7/5, VISHWAVIHAR,
ASTE OFFICERS ENCLAVE, CV RAMAN NAGAR,
BENGALURU 560 093.
SENIOR CITIZEN BENEFIT IS NOT CLAIMED
FOR ANY OF THE PETITIONERS.
...PETITIONERS
(BY SRI. CHETAN C.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH THE DEPUTY COMMISSIONER,
BENGALURU URBAN DISTRICT,
REVENUE DEPARTMENT BUILDING,
K G ROAD, BENGALURU-560 009.
2. THE SPECIAL TAHSILDAR,
BANGALORE NORTH TALUK,
KANDHAYA BHAVAN, K G ROAD,
BANGALURU 560 009.
3. OZONE URBANA INFRA DEVELOPERS
PRIVATE LIMITED.,
A COMPANY INCORPORATED UNDER
COMPANIES ACT, 1956,
HAVING ITS REGISTERED OFFICE AT NO 38,
ULSOOR ROAD, BANGALURU 560 042.
REPRESENTED BY ITS AUTHORISED REPRESENTATIVE
BY ITS MANAGING DIRECTOR.
...RESPONDENTS
(BY SRI.B V KRISHNA.,AGA FOR R1 & R2)
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WP No. 6545 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING R-1
AND R-2 TO ENFORCE PAYMENT OF AMOUNTS DUE FROM R-3
IN ACCORDANCE WITH THE PROCEDURE FOR RECOVERY
PROVIDED UNDER THE PROVISIONS OF KARNATAKA LAND
REVENUE ACT, 1964 AND RULES THEREUNDER, FOR
ENFORCEMENT OF THE DIRECTIONS OF K-RERA AT ANNX-A
ISSUED UNDER SECTION 40 (1) OF REAL ESTATE
(REGULATION AND DEVELOPMENT) ACT, 2016 AND RULE 25
OF REAL ESTATE (REGULATION AND DEVELOPMENT) RULES,
2017.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The short grievance of the Petitioner is as to the longevity of the Execution Process involving implementation of the orders of Karnataka Real Estate Regulatory Authority (K-RERA). Learned counsel for the Petitioner submits that the implementation of those orders cannot be a Five Year Plan as it has to be accomplished in accordance with the intent of Parliament in enacting the Real Estate (Regulation and Development) Act of 2016.
2. Learned AGA appearing for the Respondents opposes the Petition contending that already the process for implementation is set on initiated and that would take by its very nature some long period and that its -7- WP No. 6545 of 2023 accomplishment no assurance can be given as to within what period the same would be done. This is bit difficult to countenance. At least, as a concession to the shortness of human life the matters of this kind should be accomplished on a war footing should the property be available. If no property avails, the question of implementation would not arise.
In view of the above, this Writ Petition is allowed in part; the Respondent Nos. 1 & 2 are directed to accomplish the implementation of the subject K-RERA orders and report compliance to the Registrar General of this Court within an outer limit of three months failing which heavy costs personably payable may be levied on an appropriate application being moved by the Petitioner.
Now, no costs.
Sd/-
JUDGE Bsv List No.: 1 Sl No.: 11