Karnataka High Court
M/S Garuda Blossom A Partnership Firm vs Bruhat Bangalore Mahanagara Palike on 26 March, 2018
Author: S.Sujatha
Bench: S.Sujatha
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MARCH 2018
BEFORE
THE HON'BLE MRS. JUSTICE S.SUJATHA
W.P.No.29085/2015 c/w
W.P.Nos.29088-29089/2015,
29117-29118/2015, 29218/2015,
29156/2015, 29375/2015,
29398-29405/2015, 29451/2015,
29473/2015, 29478/2015,
29797/2015, 30054/2015,
30795-30796/2015, 31324/2015,
31865-31880/2015,
31908-31911/2015 & 31912-31914/2015,
32314/2015, 32427/2015,
32450/2015 & 32506/2015 AND
32530/2015 (LB-BMP)
IN W.P.No.29085/2015:
BETWEEN:
M/S GARUDA BLOSSOM,
A PARTNERSHIP FIRM HAVING ITS OF
NO.170, SY NO.37/1/37/3
BHATTARAHALLI VILLAGE, BIDARHALLI,
BANGALORE EAST, BANGALORE
REP. BY MANAGING PARTNERS
SRI KONDURU SRINIVAS
S/O K.SITRAMMA RAJU
AGED ABOUT 39 YEARS. ... PETITIONER
(BY SRI G.M.JAGADEESHA, ADVOCATE)
AND:
1. BRUHAT BANGALORE
2
MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE- 560 002
REPRESENTED BY ITS COMMISSIONER.
2. THE ASSISTANT DIRECTOR OF TOWN PLANNING,
BRUHAT BANGALORE MAHANAGARA PALIKE,
(K.R.PURAM SUB-DIVISION)
BANGALORE- 560 036.
3. STATE OF KARNATAKA,
BY ITS SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
4TH FLOOR, VIKAS SOUDHA,
DR.AMBEDKAR VEEDHI,
BANGALORE- 560 001. .... RESPONDENTS
(BY SRI D.N.NANJUNDA REDDY, SENIOR COUNSEL A/W
SRI I.G.GACHCHINAMATH, ADVOCATE FOR R1 & R2;
SRI M.MUNIGANGAPPA, HCGP FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
OFFICE ORDER DATED 9.6.2010 AT ANNEXURE-D PASSED BY
THE R1 AND ETC.
IN W.P.NOS.29088-29089/2015:
BETWEEN:
1. V.CHINNAPPA,
AGED ABOUT 55 YEARS,
S/O VENKATAPPA,
2. V.VENKATARAMANAPPA,
AGED ABOUT 53 YEARS,
S/O VENKATAPPA,
BOTH ARE R/AT NO.453,
SY.NO.135/1A,
B.NARAYANPURA, K.R.PURAM,
BANGALORE-560 036. ... PETITIONERS
(BY SRI. G.M.JAGADEESHA, ADVOCATE)
3
AND:
1. BRUHAT BANGALORE MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE- 560 002
REPRESENTED BY ITS COMMISSIONER.
2. THE ASSISTANT DIRECTOR
OF TOWN PLANNING,
BRUHAT BANGALORE
MAHANAGARA PALIKE
(K.R.PURAM SUB-DIVISION),
BANGALORE- 560 036.
3. STATE OF KARNATAKA ,
BY ITS SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
4TH FLOOR, VIKAS SOUDHA,
DR.AMBEDKAR VEEDHI.
BANGALORE- 560 001. .... RESPONDENTS.
(BY SRI D.N.NANJUNDA REDDY, SENIOR COUNSEL A/W
SRI I.G.GACHCHINAMATH, ADVOCATE FOR R1 & R2;
SRI M.MUNIGANGAPPA, HCGP FOR R3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
OFFICE ORDER DATED 9.6.2010 AT ANNEXURE-D PASSED BY
THE R1 AND ETC.
IN W.P.NOS.29117-29118/2015:
BETWEEN:
1. MRS.RATNA S. HEGDE,
S/O MR. SURESH HEGDE,
AGED ABOUT 55 YEARS,
NO.9, MUDDAPPA ROAD,
M.S.NAGAR,
BANGALORE-560033
2. MRS. RENUKA S SHETTY,
W/O.MR.SUDHAKAR C SHETTY,
AGED ABOUT 48 YEARS,
NO.6, 5TH CROSS, "ASHIRWAD",
JAIBHARATHNAGAR,
4
BANGALORE-560033. .... PETITIONERS.
(BY SRI T MOHANDAS SHETTY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF URBAN DEVELOPMENT,
VIKAS SOUDHA, BANGALORE - 560 001,
REP. BY ITS PRINCIPAL SECRETARY.
2. THE COMMISSIONER,
BRUHAT BENGALURU
MAHANAGARA PALIKE,
N.R.SQUARE,
BANGALORE - 560002.
3. THE ASST. DIRECTOR OF
TOWN PLANNING,
(EAST) BBMP, MAYOHALL,
BANGALORE. .... RESPONDENTS
(BY SRI M.MUNIGANGAPPA, HCGP FOR R1;
SRI D.N.NANJUNDA REDDY, SENIOR COUNSEL A/W
SRI I.G.GACHCHINAMATH, ADVOCATE FOR R2 & R3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
NOTICE DATED 22.6.2015 ISSUED BY THE R-3 VIDE
ANNEXURE-D AND ETC.
IN W.P.NO.29218/2015:
BETWEEN:
M/S.ORCHID WOODS PROJECTS
A PARTNERSHIP FIRM,
HAVING OFFICE AT UNIT NO.206,
BARTON CENTER, NO.84,
M.G.ROAD, BANGALORE-560001
5
REP. BY ITS DIRECTORS
1. MR.TANMAY TRILOKCHAND AGARWAL
S/O.TRILOKCHAND AGARWAL,
AGED ABOUT 33 YEARS,
R/AT HAVING OFFICE AT UNIT NO.206,
BARTON CENTER, NO.84,
M.G.ROAD, BANGALORE-560001
2. MR.SANJEEV RENIWAL
AGED ABOUT 33 YEARS,
R/AT HAVING OFFICE AT UNIT NO.206,
BARTON CENTER, NO.84,
M.G.ROAD, BANGALORE-560001 ...PETITIONERS
(BY SRI.S.V. MANJUNATHA, ADV.,)
AND:
1. BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE-560002
REP. BY ITS COMMISSIONER
2. THE JOINT DIRECTOR (TOWN PLANNING-NORTH)
BRUHAT BANGALORE MAHANAGARA PALIKE,
N.R.SQUARE,
BENGALURU-560002.
3. STATE OF KARNATAKA
BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT,
4TH FLOOR, VIKAS SOUDHA,
DR.AMBEDKAR VEEDI,
BANGALORE-560001. ...RESPONDENTS
(BY SRI D.N.NANJUNDA REDDY, SENIOR COUNSEL A/W
SRI I.G.GACHCHINAMATH, ADV. FOR R1 & R2;
SRI M.MUNIGANGAPPA, HCGP FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
OFFICE ORDER DT.9.6.2010 AT ANNEXURE-D PASSED BY THE
R-1, ETC.
6
IN W.P.NO.29156/2015:
BETWEEN:
1. SRI.K.RAVI,
S/O K.KANNANA,
AGED ABOUT 43 YEARS,
2. SRI.K.KUMAR,
S/O K.KANNANA,
AGED ABOUT 34 YEARS,
3. SRI.K.RAJA,
S/O K.KANNANA,
AGED ABOUT 46 YEARS,
4. SRI.K.JAGAN,
S/O K.KANNANA,
AGED ABOUT 39 YEARS,
ALL ARE R/AT NO.U-56,
6TH CROSS, DAYANANDANAGAR,
MUDDUPPA GARDEN,
SRIRAMPURAM,
BENGALURU-560 021. ... PETITIONERS
(BY SRI. RAJU.S., ADV.,)
AND:
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
4TH FLOOR, VIKASA SOUDHA,
DR.AMBEDKAR VEEDHI,
BANGALORE-560 001.
2. THE COMMISSIONER,
BANGALORE MAHANAGARA PALIKE,
N.R.SQUARE,
BANGALORE-560 002.
7
3. THE ASSISTANT DIRECTOR OF
TOWN PLANNING, WEST, BHASHYAM PARK,
SHESHADRIPURAM,
BRUHAT BANGALORE
MAHANAGARA PALIKE,
BANGALORE-560 020. ... RESPONDENTS
(BY SRI M.MUNIGANGAPPA, HCGP FOR R1;
SRI D.N.NANJUNDA REDDY, SENIOR COUNSEL A/W
SRI I.G.GACHCHINAMATH, ADV. FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
DEMAND NOTICE DATED 9.7.2015, ISSUED BY THE R3, VIDE
ANN-E, ETC.,
IN W.P.No.29375/2015:
BETWEEN:
SRI. IRSHAD AHAMED DR.EJAZ BEGUM,
S/O MOHAMMED CHAND PASHA,
AGED ABOUT 52 YEARS,
R/AT NO.79, MACHAM ROAD,
BANGALORE-560 001. ... PETITIONER
(BY SRI.S.V.MANJUNATHA, ADV.)
AND:
1. BRUHATH BENGALURU
MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE - 560 002
REP. BY ITS COMMISSIONER.
2. THE ASSISTANT DIRECTOR OF
TOWN PLANNING [EAST],
BRUHATH BANGALORE
MAHANAGARA PALIKE, 22ND FLOOR,
SHUBHASCHANDRA BOSS BUILDING,
M.G.ROAD,
BENGALURU - 11.
8
3. STATE OF KARNATAKA,
BY ITS SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
4TH FLOOR, VIKAS SOUDHA,
DR.AMBEDKAR VEEDHI,
BANGALORE - 560 001. ...RESPONDENTS.
(BY SRI D.N.NANJUNDA REDDY, SENIOR COUNSEL APPEARING
FOR SRI I.G.GACHCHINAMATH, ADV. FOR R1 & R2;
SRI M.MUNIGANGAPPA, HCGP FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
OFFICE ORDER DATED 9.6.2010 AT ANNEXURE 'D' PASSED BY
THE R-1 AND ETC.
IN W.P.Nos.29398-29405/2015:
BETWEEN:
1. SMT. MUNNE RAMADEVI
AGED ABOUT 32 YEARS
W/O SRI. RAMBABU
R/AT NO.A, GOKAVARAM
UNGUTUR MANDAL
WEST GODAVARI DISTRICT
ANDRAPRADESH-534416.
2. SRI. NAVEEN KUMAR BITLA
AGED ABOUT 32 YEARS
S/O SRI. RAM REDDY BITLA
R/AT NO.201, VASAVI ROYAL
DODDA THOGURU, ELECTRONIC CITY
BANGALORE-560100.
3. SMT. CHOPPERLA SATYA SAI
SRILAKSHMI KUMARI
AGED ABOUT 54 YEARS
W/O CHOPPERLA SATYA KAMESHWARA RAO
R/AT NO.7-33, MAIN ROAD,
AVIDI VILLAGE, KOTHAPETA MANDAL
EAST GODAVARI DISTRICT
ANDRA PRADESH-533229.
9
4. SMT. TULASI MANEPALI
AGED ABOUT 27 YEARS
D/O SRI. KASI VISWANATHAM M
R/AT FLAT NO.302,
CHANDAMAMA RESIDENCY
ABBAIAH REDDY LAYOUT
KAGGADASAPURA
BANGALORE-560093.
5. SRI. NAGESHWARA RAO KAVALI
AGED ABOUT 54 YEARS
S/O SRI. VENKATAMUNI K
R/AT NO.1-35, KAVALIVARI PALLE
K.ODDEPALLE POST
PAKALA MANDAL
CHITTOR DISTRICT
ANDRA PRADESH-517126.
6. MR. CHINNA RAO LALAM
AGED ABOUT 30 YEARS
S/O SRI. LALAM SRINIVASA RAO
R/AT NO.17-31-17/9
FLAT NO.205, RAJAHSOUDHA ARPT.
TEACHERS COLONY
SEETHAM POST, LALITHA NAGAR
RAJAHMUNDRY, EAST GODAVARI,
ANDRAPRADESH-560075.
7. MR.K. HEMANTH KUMAR
AGED ABOUT 35 YEARS
S/O SRI. ANKAMMA CHOWDARY
R/AT NO.157/2, FLAT NO.401,
LAKSHMI RESIDENCY
KAVERI LAYOUT, G.M. PALYA
BANGALORE-560075.
8. MR. D. NAGESHWARA RAO
AGED ABOUT 32 YEARS
S/O SRI. D. KRISHNAIAH NAIDU
R/AT FLAT NO.416,
SRIVEN TOWERS, 4TH CROSS
LAKSHMI LAYOUT
MUNEKOLALU, MARATHAHALLI POST,
10
BANGALORE-560003.
REP BY THEIR GPA HOLDERS
M/S AISHWARYA REALSTATE CONSORTIUM
A PARTNERSHIP FIRM
HAVING ITS OFFICE AT NO.15,
SECOND FLOOR, ANNAYA REDDY BUILDING
DRDO PHASE 2, NEAR SHANESWARA TEMPLE
KAGGADASAPURA,
BANGALORE-560 093
REP. BY ITS PARTNERS,
MRS. S. NAGESWARA RAO
S/O SRI. LAKSHMIPATHI RAO
AGED ABOUT 32 YEARS
MR. K. HEMANTH KUMAR
S/O SRI. ANKAMMA CHOWDARY
AGED ABOUT 35 YEARS
BOTH ARE R/AT NO: HAVING ITS
OFFICE AT NO.15
SECOND FLOOR,
ANNAYA REDDY BUILDING
DRDO PHASE 2,
NEAR SHANESWARA TEMPLE
KAGGADASAPURA,
BANGALORE-93 ...PETITIONERS
(BY SRI.S.V. MANJUNATHA, ADV.)
AND:
1. BRUHAT BENGALURU MAHANAGARA PALIKE,
N.R.SQUARE, BANGALORE - 560 002,
REP. BY ITS COMMISSIONER.
2. THE ASSISTANT DIRECTOR OF
TOWN PLANNING,
BRUHAT BANGALORE MAHANAGARA PALIKE,
MAHADEVAPURA,
MAHADEVAPURA ZONE/DIVISION
BENGALURU-560 048.
11
3. STATE OF KARNATAKA,
BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
4TH FLOOR, VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BANGALORE - 560 001. ...RESPONDENTS
(BY SRI D.N.NANJUNDA REDDY, SENIOR COUNSEL APPEARING
FOR SRI I.G. GACHCHINAMATH, ADV., FOR R-1 & R-2;
SRI. M.MUNIGANGAPPA, HCGP FOR R-3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
OFFICE ORDER DATED 9.6.2010 AT ANNEXURE-D PASSED BY
R-1 AND ETC.
IN W.P.No.29451/2015:
BETWEEN:
B.S. MANGALA
W/O Y.A. MANJUNATH
AGED ABOUT 63 YEARS
R/O NO.2728, 1ST CROSS,
1ST STAGE, 5TH PHASE,
BEML LAYOUT,
RAJARAJESHWARI NAGAR,
BANGALORE-560 098 ...PETITIONER
(BY SRI. HANUMANTHAPPA A, ADV.,)
AND:
1. BRUHAT BANGALORE MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE-560002
REP. BY ITS COMMISSIONER
2. THE ASSISTANT DIRECTOR OF
TOWN PLANNING
BRUHAT BENGALURU MAHANAGARA PALIKE
RAJARAJESHWARI NAGAR ZONE,
BENGALURU-560098
12
3. THE STATE OF KARNATAKA
BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT,
4TH FLOOR, VIKAS SOUDHA,
DR. AMBEDKAR VEEDHI,
BANGALORE-560002 ...RESPONDENTS
(BY SRI D.N.NANJUNDA REDDY, SENIOR COUNSEL APPEARING
FOR SRI I.G. GACHCHINAMATH, ADV., FOR R-1 & R-2;
SRI. M.MUNIGANGAPPA, HCGP FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
OFFICE ORDER DATED 9.6.2010 AT ANNEXURE-E PASSED BY
THE R-1 AND ETC.
IN W.P.NO.29473/ 2015:
BETWEEN:
M/S MITHUNA CONSTRUCTION PVT. LTD.,
REGISTER OFFICE AT. NO.1342,
SKANDA TOWERS 5TH FLOOR,
MCEHS LAYOUT SHIVARAMA KARANTH
NAGAR POST, JAKKUR,
BANGALORE-560 064,
REP. BY MANAGING DIRECTOR,
SRI.HANUMANTHA,
AGED ABOUT 45 YEARS,
S/O LATE SURYANARAYANA. ... PETITIONER
(BY SRI G.M.JAGADEESHA, ADV.)
AND:
1. BRUHAT BANGALORE MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE- 560 002
REPRESENTED BY ITS COMMISSIONER.
2. THE JOINT DIRECTOR OF TOWN PLANNING,
BRUHAT BANGALORE MAHANAGARA PALIKE
(NORTH DIVISION), N.R.SQUARE,
BANGALORE- 560 002.
13
3. STATE OF KARNATAKA,
BY ITS SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
4TH FLOOR, VIKAS SOUDHA,
DR.AMBEDKAR VEEDHI.
BANGALORE- 560 001. .... RESPONDENTS
(BY SRI D.N.NANJUNDA REDDY, SENIOR COUNSEL APPEARING
FOR SRI I.G. GACHCHINAMATH, ADV., FOR R-1 & R-2;
SRI M.MUNIGANGAPPA, HCGP FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
OFFICE ORDER DATED 9.6.2010 AT ANNEXURE-D PASSED BY
THE R1 AND ETC.
IN W.P.NO.29478 OF 2015:
BETWEEN:
M/S. PARASMANI DEVELOPERS
OFFICE NO.108, MAXWORTH MANSION
LALBAGH FORT ROAD,
NEAR MINERVA CIRCLE
BENGALURU - 560 004
REP. BY ITS PARTNER
DINESH GULECHA
S/O. LATE PUKHRAJ
AGED ABOUT 45 YEARS. ... PETITIONER
(BY SRI S.RAJU, ADV.)
AND:
1. BRUHAT BANGALORE MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE - 560 002.
REPRESENTED BY ITS COMMISSIONER.
2. THE ASST.DIRECTOR OF TOWN PLANNING -WEST
BASHYAM PARK, SHESHADRIPURAM
BRUHAT BENGALURU MAHANAGARA PALIKE
BENGALURU- 02.
14
3. THE STATE OF KARNATAKA
BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
4TH FLOOR, VIKASA SOUDHA
DR.AMBEDKAR VEEDHI
BANGALORE - 560 001. ...RESPONDENTS
(BY SRI D.N.NANJUNDA REDDY, SENIOR COUNSEL APPEARING
FOR SRI I.G. GACHCHINAMATH, ADV., FOR R-1 & R-2;
SRI M.MUNIGANGAPPA, HCGP FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
OFFICE ORDER DTD.9.6.2010 AT ANNEXURE-E PASSED BY THE
R1 AND ETC.
IN W.P.NO.29797/2015:
BETWEEN:
M/S. SLS DEVELOPERS
A PROPRIETORSHIP FIRM
HAVING ITS OFFICE AT FLAT NO.401
4TH FLOOR, SHERWOOD APARTMENTS
4TH 'A' CROSS, KAGGADASAPURA
C.V.RAMAN NAGAR POST,
BANGALORE-560 093
BY ITS PROPRIETOR
SRI.P. SHEKAR REDDY ...PETITIONER
(BY SRI T.P. VIVEKANANDA, ADV.)
AND:
1. BRUHAT BANGALORE MAHANAGARA PALIKE,
N.R.SQUARE, BANGALORE - 560 002,
REPPRESENTED BY ITS COMMISSIONER.
2. THE JOINT DIRECTOR
(TOWN PLANNING-NORTH)
BRUHATH BENGALURU MAHANAGARA PALIKE,
N.R.SQUARE, BANGALORE -560 002.
15
3. STATE OF KARNATAKA,
BY ITS SECRETARY,
URBAN DEVELOPMENT DEPARTMENT
4TH FLOOR, "VIKAS SOUDHA",
DR.AMBEDKAR VEEDI,
BANGALORE - 560 001. ...RESPONDENTS
(BY SRI D.N.NANJUNDA REDDY, SENIOR COUNSEL APPEARING
FOR SRI I.G. GACHCHINAMATH, ADV., FOR R-1 & R-2;
SRI. M.MUNIGANGAPPA, HCGP FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
OFFICE ORDER DATED 9.6.2010 AT ANNEXURE-D PASSED BY
THE R-1, AND ETC.
IN W.P.NO.30054/2015:
BETWEEN:
SRI.K.V. RAJAGOPAL REDDY
AGED ABOUT 54 YEARS
S/O LATE VENGALA REDDY K
R/AT NO.1, "SRI BHAGAVATHI"
PANATHUR ROAD,
NEAR BELLANDUR TANK
YAMALUR POST, YAMALUR
BANGALORE-560 037. ...PETITIONER
(BY SRI VENKATARAMANA REDDY, ADV.,)
AND:
1. STATE OF KARNATAKA
REP. BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT,
4TH FLOOR, VIKAS SOUDHA,
DR.AMBEDKAR VEEDI,
BANGALORE-560001
2. BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE-560 002
REP. BY ITS COMMISSIONER
16
`
3. THE ASST. DIRECTOR OF TOWN PLANNING
BRUHAT BANGALORE MAHANAGARA PALIKE,
MAHADEVAPURA ZONE/DIVISION,
MAHADEVAPURA,
BANGALORE - 560 048. ...RESPONDENTS
(BY SRI. M.MUNIGANGAPPA, HCGP FOR R-1;
SRI D.N.NANJUNDA REDDY, SENIOR COUNSEL APPEARING FOR
SRI I.G. GACHCHINAMATH, ADV., FOR R-2 & R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ENDORSEMENT DT.6.7.2015 ISSUED BY R-3 AT ANNX-D ETC.
IN W.P.Nos.30795-30796/2015:
BETWEEN:
1. M/S BHOJESHWAR REALTORS
PRIVATE LIMITED,
A COMPANY REGISTERED AND
INCORPORATED UNDER THE INDIAN
COMPANIES ACT, 1956 HAVING
ITS REGISTERED OFFICE AT
NO. # 3, SALARPURIA WINDSOR,
ULSOOR ROAD, BANGALORE-560042,
BY ITS AUTHORIZED REPRESENTATIVE
MR. ASHWIN SANCHETI
2. MR.N.BALAKRISHNA,
S/O NARSARAJU,
AGED ABOUT 62 YEARS,
PROPRIETOR HAVING HIS OFFICE
AT 11/34, PLACE CROSS ROAD,
BANGALORE-560020,
REP. BY HIS DULY CONSTITUTED
POWER OF ATTORNEY,
BHOJESHWAR REALTORS PRIVATE LIMITED,
A COMPANY REGISTERED
& INCORPORATED UNDER THE
INDIAN COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT NO. # 3,
17
SALARPURIA WINDSOR, ULSOOR ROAD,
BANGALORE-560042,
BY ITS AUTHORIZED REPRESENTATIVE
MR. ASHWIN SANCHETI ...PETITIONERS
(BY SRI.S.V.GIRIDHAR, ADVOCATE)
AND:
1. THE BRUHAT BANGALORE MAHANAGARA PALIKE,
N.R.SQUARE, BANGALORE - 560 002,
REPRESENTED BY ITS COMMISSIONER.
2. THE JOINT DIRECTOR,
(TOWN PLANNING NORTH),
BRUHAT BANGALORE MAHANAGARA PALIKE,
N.R.SQUARE, BANGALORE - 560 002.
3. THE STATE OF KARNATAKA,
URBAN DEVELOPMENT DEPARTMENT,
VIKAS SOUDHA, BANGALORE - 560 001.
REP. BY ITS SECRETARY, .... RESPONDENTS
(BY SRI D.N.NANJUNDA REDDY, SENIOR COUNSEL APPEARING
FOR SRI I.G. GACHCHINAMATH, ADV., FOR R-1 & R-2;
SRI. M.MUNIGANGAPPA, HCGP FOR R-3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING QUASH
THE DEMAND DTD 20.07.2015 AS AT ANNEXURE-E ISSUED BY
R2 AND ETC.
IN W.P.NO.31324/2015:
BETWEEN:
SRI.B.C.SEENAPPA
S/O. LATE CHIKKAMUNIYAPPA,
AGED ABOUT 59 YEARS,
R/AT NO.95/1, BYRASANDRA,
C.V.RAMAN NAGAR,
BANGALORE-560093 ...PETITIONER
(BY SRI K.H. THIMMAIAH, ADV.,)
18
AND:
1. THE STATE OF KARNATAKA,
URBAN DEVELOPMENT DEPARTMENT
"VIKASA SOUDHA"
DR.AMBEDKAR VEEDHI,
BANGALORE - 560 001
REP. BY ITS SECRETARY
2. THE COMMISSIONER
BRUHAT BANGALORE MAHANAGARA PALIKE,
N.R.SQUARE, BANGALORE - 560 002,
3. THE JOINT DIRECTOR
(TOWN PLANNING - SOUTH),
BRUHATH BANGALORE MAHANAGARA PALIKE,
N.R.SQUARE,
BANGALORE -560 002. ...RESPONDENTS
(BY SRI. M.MUNIGANGAPPA, HCGP FOR R-1;
SRI D.N.NANJUNDA REDDY, SENIOR COUNSEL APPEARING FOR
SRI I.G. GACHCHINAMATH, ADV., FOR R-2 & R-3.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
ANNEX-P THE NOTIFICATION DTD. 10.3.2006 VIDE ANNEX-Q
THE OFFICE CIRCULAR DTD. 9.6.2010 VIDE ANNEX-R
CIRCULAR DTD. 22.8.2014 VIDE ANNEX-T THE IMPUGNED
NOTICE DTD.25.6.2015 IN SO FAR AS DEMAND NOTICE OF
RS.44,00,000/-, AND ETC.
IN W.P.Nos.31865-31880/2015:
BETWEEN:
1. SRI. N.SUDHIR KUMAR GOYAL,
AGED ABOUT 65 YEARS,
S/O. NARAYANAPRASAD GOYAL
2. SMT. MADHURIKA GOYAL
AGED ABOUT 65 YEARS
W/O. N. SUDHIR KUMAR GOYAL,
19
3. SRI. GOPAL GOYAL,
AGED ABOUT 40 YEARS,
S/O. N.SUDHIR KUMAR GOYAL,
4. SRI. SIDDARTH GOYAL,
AGED ABOUT 37 YEARS,
S/O. N. SUDHIR KUMAR GOYAL,
5. SMT. RADHIKA GOYAL,
AGED ABOUT 34 YEARS,
D/O. N. SUDHIR KUMAR GOYAL,
PETITIONERS 1 TO 5 ARE
RESIDING AT NO. 76,
SOUTH CROSS ROAD, BASAVANAGUDI,
BANGALORE-560004.
6. SMT. SUMAN GUPTA,
AGED ABOUT 63 YEARS,
D/O. B. NARAYANAPRASAD GOYAL
W/O. SUDHIR KUMAR GUPTA.
7. SRI. SALIL GUPTA
AGED ABOUT 39 YEARS,
S/O. SUDHIR KUMAR GUPTA
8. SRI. SUMRITH GUPTA
AGED ABOUT 36 YEARS,
S/O. SUDHIR KUMAR GUPTA
PETITIONERS 6 TO 8 ARE
RESIDING AT B-316,
NEW FRIENDS COLONY,
NEW DELHI-1100025.
9. SRI. N. RAJEEV KUMAR GOYAL,
AGED ABOUT 59 YEARS,
S/O. B. NARAYANAPRASAD GOYAL.
10. SMT. POONAM GOYAL,
AGED ABOUT 53 YEARS,
W/O. N. RAJEEV KUMAR GOYAL.
20
11. SRI. VISHAL GOYAL,
AGED ABOUT 29 YEARS,
S/O. N. RAJEEV KUMAR GOYAL,
12. SRI. YADU GOYAL,
AGED ABOUT 26 YEARS,
S/O. N. RAJEEV KUMAR GOYAL.
PETITIONERS 9 TO 12 ARE RESIDING
AT FRONT FIRST FLOOR,
PORTION OF NO.76,
SOUTH CROSS ROAD,
BASAVANAGUDI,
BANGALORE-560 004.
13. SRI. N.PRADEEP KUMAR GOYAL,
AGED ABOUT 55 YEARS,
S/O. B. NARAYANAPRASAD GOYAL.
14. SMT. REKHA GOYAL,
AGED ABOUT 52 YEARS,
W/O. N.PRADEEP KUMAR GOYAL.
15. SRI. GAURAV GOYAL,
AGED ABOUT 32 YEARS,
S/O. N.PRADEEP KUMAR GOYAL.
16. SRI. KUSHAL GOYAL,
AGED ABOUT 29 YEARS,
S/O N.PRADEEP KUMAR GOYAL.
PETITIONERS 13 TO 16 ARE
R/AT FRONT GROUND FLOOR
PORTION OF NO.76,
SOUTH CROSS ROAD,
BASAVANAGUDI,
BANGALORE-560004. ...PETITIONERS
(BY SRI. C.RAJANNA, ADV.)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF URBAN DEVELOPMENT,
21
VIKASA SOUDHA,
BANGALORE-560001.
REP. BY ITS PRINCIPAL SECRETARY.
2. THE BRUHATH BANGALORE,
MAHANAGARA PALIKE,
N.R.SQUARE, BANGALORE-09.
REP. BY ITS COMMISSIONER.
3. THE ASSISTANT DIRECTOR
OF TOWN PLANNING,
BBMP COMPLEX,
2ND BLOCK, JAYANAGAR,
9TH MAIN ROAD, 9TH CROSS,
BANGALORE-560 011. ...RESPONDENTS
(BY SRI. M.MUNIGANGAPPA, HCGP FOR R-1;
SRI D.N.NANJUNDA REDDY, SENIOR COUNSEL APPEARING FOR
SRI I.G. GACHCHINAMATH, ADV., FOR R-2 & R-3.)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE NOTICE DTD 22.07.2015 ISSUED BY THE 3RD
RESPONDENT VIDE ANNEXURE-D AND ETC.
IN W.P.NOS.31908-31911/2015 & 31912-31914/2015
BETWEEN:
1. N.VENUGOPALA REDDY
AGED ABOUT 58 YEARS
S/O LATE NAGAPPA REDDY
R/AT NO.103, SJR COLLEGE ROAD
MUNNEKOLALU
BANGALORE-560037.
2. SMT. GEETHA
AGED ABOUT 61 YEARS
W/O LATE P. PAPAIAH REDDY
R/AT NO.105/18, 3RD CROSS
AIYAPPA LAYOUT,
MUNNEKOLALU EXTENSION
BANALORE-560037.
22
3. SRI. MAHENDRA REDDY
AGED ABOUT 36 YEARS
S/O LATE P. PAPAIAH REDDY
R/AT NO.105/18, 3RD CROSS
AIYAPPA LAYOUT,
MUNNEKOLALU EXTENSION
BANALORE-560037.
4. SRI. P. CHANDRA REDDY
AGED ABOUT 58 YEARS
S/O LATE PILLA REDDY
R/AT NO.105/23, 3RD CROSS
AIYAPPA LAYOUT,
MUNNEKOLALU EXTENSION
BANALORE-560037.
5. SMT. KALA
AGED ABOUT 51 YEARS
W/O LATE P. THIMMA REDDY
R/AT DENTAL COLLEGE ROAD
MUNNEKOLALU VILLAGE
BANGALORE-560 037.
6. SRI. GRISHAN
AGED ABOUT 21 YEARS
S/O LATE P. THIMMA REDDY
R/AT DENTAL COLLEGE ROAD
MUNNEKOLALU VILLAGE
BANGALORE-560 037.
7. SRI. NITIN
AGED ABOUT 19 YEARS
S/O LATE P. THIMMA REDDY
R/AT DENTAL COLLEGE ROAD
MUNNEKOLALU VILLAGE
BANGALORE-560 037.
...PETITIONERS
(BY SRI T.P. VIVEKANANDA, ADV.,)
AND:
1. BRUHAT BANGALORE MAHANAGARA PALIKE
N.R.SQUARE, BANGALORE-560002
REPRESENTED BY ITS COMMISSIONER
23
2. THE JOINT DIRECTOR
(TOWN PLANNING- NORTH)
BRUHAT BANGALORE MAHANAGARA PALIKE,
N.R. SQUARE,
BANGALORE - 560002.
3. STATE OF KARNATAKA
BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT,
4TH FLOOR, VIKAS SOUDHA,
DR.AMBEDKAR VEEDI,
BANGALORE-560002 ...RESPONDENTS
(BY SRI D.N.NANJUNDA REDDY, SENIOR COUNSEL FOR
SRI I.G. GACHCHINAMATH, ADVOCATE FOR R-1 & R-2
SRI. M.MUNIGANGAPPA, HCGP FOR R-3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
OFFICE ORDER DATED 9.6.2010 AT ANNEXURE-D PASSED BY
THE R-1 AND ETC.,
IN WRIT PETITION NO.32314/2015
BETWEEN:
M/S PROMINENT HOMES,
A PARTNERSHIP FIRM, HAVING ITS OFFICE
AT NO.71/5, "MANOJ ARCADE",
RAJABHAVI CROSS,
VARTHUR, BANGALORE EAST TALUK,
BANGALORE - 87,
REPRESENTED BY ITS PARTNERS,
1. SMT.D.BHAVANI SUSHMA,
W/O SRI D.CHITTARANJAN,
AGED ABOUT 36 YEARS,
2 SRI SHIVA SHANKAR S. MAGAJI,
S/O SRI M.K.SWAMY,
AGED ABOUT 37 YEARS. .... PETITIONERS
(BY SRI H.M.VISHWANATH, ADV.)
24
AND:
1 BRUHATH BENGALURU MAHANAGARA PALIKE,
BBMP, NR SQUARE,
BENGALURU -560 002,
REPRESENTED BY ITS COMMISSIONER
2 THE ASSISTANT DIRECTOR
OF TOWN PLANNING,
BRUHATH BENGALURU
MAHANAGARA PALIKE,
MAHADEVAPURA,
BENGALURU - 560 048.
3 STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
4TH FLOOR, VIKASA SOUDHA,
DR.AMBEDAKR VEEDHI,
BENGALURU- 560 001. ...RESPONDENTS.
(BY SRI D.N.NANJUNDA REDDY, SENIOR COUNSEL FOR
SRI I.G. GACHCHINAMATH, ADVOCATE FOR R-1 & R-2
SRI. M.MUNIGANGAPPA, HCGP FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ENDORSEMENT DATED 18.6.2015 ISSUED BY THE 2ND
RESPONDENT, VIDE ANNEXURE-A AND ETC.
IN WRIT PETITION NO.32427/2015
BETWEEN:
SRI H L NAGARAJA,
S/O MR.LAKSHMIPATHAIAH,
AGED ABOUT 65 YEARS,
212, III STAGE, II BLOCK, JUDGES COLONY,
BASAVESHWARANAGAR,
BANGALORE-560079.
REPRESENTED BY HIS GPA HOLDER,
M/S SIDDHSHEKHA DEVELOPERS PVT. LTD.,
BY ITS DIRECTOR,
25
SRI SHAILESH KUMAR S HARAN .... PETITIONER
(BY SRI S.F GOUTHAM CHAND, ADV.)
AND:
1. BRUHAT BANGALORE MAHANAGARA PALIKE,
N.R.SQUARE, BANGALORE - 560002,
REPRESENTED BY ITS COMMISSIONER
2. THE JOINT DIRECTOR OF
TOWN PLANNING (SOUTH),
BRUHAT BANGALORE MAHANAGARA PALIKE,
N R SQUARE, BENGALURU - 560 002.
3. STATE OF KARNATAKA,
BY ITS SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
4TH FLOOR, VIKAS SOUDHA,
DR.AMBEDKAR VEEDHI,
BANGALORE - 560 001. .... RESPONDENTS
(BY SRI D.N.NANJUNDA REDDY, SENIOR COUNSEL FOR
SRI I.G. GACHCHINAMATH, ADVOCATE FOR R-1 & R-2
SRI. M.MUNIGANGAPPA, HCGP FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
DEMAND NOTICE DATED 27.7.2015 ISSUED BY THE R-2 VIDE
ANNX-F, AND ETC.
IN W.P.NOS.32450/2015 & 32506/2015
BETWEEN:
1. SRI. MADHURANATH PADAKI.S.
S/O SRI. S.R.PADAKI,
AGED ABOUT 59 YEARS,
8/23, RANGARAO ROAD,
SHANKARAPURAM, BANGALORE-560 004.
2. SRI. BALAJI PADAKI.T.R
S/O. LATE T.S.RAGHUNATH PADAKI,
26
AGED ABOUT 26 YEARS,
FLAT NO.2, YAMUNOTHRI,
PANCHAJANYA APARTMENT,
DR.DEENDAYAL UPADHYA ROAD,
CHAMARAJAPET,
BANGALORE-560018. ...PETITIONERS
(BY SRI GOUTHAM CHAND.S.F, ADV.)
AND:
1. BRUHAT BANGALORE MAHANAGARA PALIKE,
N.R.SQUARE, BANGALORE-560 002.
REPRESENTED BY ITS COMMISSIONER
2. THE ASST. DIRECTOR OF TOWN PLANNING (SOUTH),
OFFICE OF THE ASST.DIRECTOR
OF TOWN PLANNING (SOUTH),
BBMP COMMERCIAL COMPLEX BUILDING,
9TH CROSS, 9TH MAIN, 2ND BLOCK,
JAYANAGAR, BANGALORE-560011.
3. STATE OF KARNATAKA, BY ITS SECRETARY,
URBAN DEVELOPMENT DEPARTMENT
4TH FLOOR, VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BANGALORE-560001. ...RESPONDENTS
(BY SRI D.N.NANJUNDA REDDY, SENIOR COUNSEL FOR
SRI I.G. GACHCHINAMATH, ADVOCATE FOR R-1 & R-2
SRI. M.MUNIGANGAPPA, HCGP FOR R-3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
DEMAND NOTICE DTD 31.07.2015 ISSUED BY THE R2 VIDE
ANN-D AND ETC.
IN WRIT PETITION NO.32530/2015
BETWEEN:
SRI LAKSHARAM
S/O LATE TEJAJI,
27
AGED ABOUT 35 YEARS
R/AT NO.48/2, 2ND FLOOR,
MASTANSAB LANE
NAGARATHPET CROSS,
BANGALORE-560 002. ...PETITIONER
(BY SRI. DHANANJAY JOSHI ASSOCIATES, ADVS.)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT,
4TH FLOOR, VIKAS SOUDHA,
DR. AMBEDKAR VEEDHI,
BANGALORE-560 001.
2. THE COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE
N.R.SQUARE,
BANGALORE-560002
3. THE ASSISTANT DIRECTOR OF
TOWN PLANNING -WEST
BRUHAT BENGALURU MAHANAGARA PALIKE
BASHYAM CIRCLE, SESHADRIPURAM
BENGALURU-560001 ...RESPONDENTS
(BY SRI. M.MUNIGANGAPPA, HCGP FOR R-1
SRI D.N.NANJUNDA REDDY, SENIOR COUNSEL A/W
SRI I.G. GACHCHINAMATH, ADVOCATE FOR R-2 & R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
IMPUGNED NOTICE OF DEMAND DATED 9.7.2015 ISSUED BY
THE R-2, BEING ANNEXURE-A HEREIN AND ETC.,
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT PASSED THE
FOLLOWING:
28
ORDER
Heard the learned counsel appearing for the respective parties.
2. It is not in dispute that the issue involved herein is squarely covered by the order of this Court in the case of KARNATAKA STATE HANDICRAFTS DEVELOPMENT CORPORATION LTD., V/S. STATE OF KARNATAKA AND OTHERS (W.P.No.49530/2016 AND CONNECTED MATTERS, DD 23.03.2018), whereby the writ petitions are allowed quashing the impugned demand notices issued by the respondent-BBMP Authorities, in so far as demanding the payment of the market value of 10% of the plot area towards Park and Open Space Development Charges are concerned.
3. Hence, these writ petitions stand allowed in similar terms.
Sd/-
JUDGE NC.