Karnataka High Court
M/S Felicity Adobe Llp vs State Of Karnataka on 26 March, 2024
Author: B M Shyam Prasad
Bench: B M Shyam Prasad
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NC: 2024:KHC:12416
WP No. 22691 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
WRIT PETITION NO.22691 OF 2023 (LB-RES)
BETWEEN:
M/S FELICITY ADOBE LLP
(FORMERLY KNOWN AS TUMKUR NIVAS LLP)
A LLP INCORPORATED UNDER THE
PROVISIONS OF THE LIMITED LIABILITY
PARTNERSHIP ACT, 2008
HAVING ITS PRINCIPAL PLACE OF BUSINESS AT
NUMBER 54A-712,
4TH FLOOR, 5TH A CROSS,
HRBR LAYOUT, 1ST BLOCK
KALYAN NAGAR POST,
BANGALORE - 560 043.
REPRESENTED BY AUTHORIZED SIGNATORY
MR. PRANAV SHARMA, PARTNER
...PETITIONER
Digitally (BY SRI. G.S. KANNUR SENIOR ADVOCATE FOR
signed by
NARASIMHA SRI. MADHUSUDHANA G, ADVOCATE)
MURTHY
VANAMALA
Location: AND:
HIGH
COURT OF
KARNATAKA 1. STATE OF KARNATAKA
BY SECRETARY TO GOVERNMENT
URBAN DEVELOPMENT AUTHORITY
ROOM NO. 428,
VIKAS SOUDHA,
BANGALORE - 560 001.
2. PRINCIPAL SECRETARY
RURAL DEVELOPMENT OF PANCHAYATH RAJ
DEPARTMENT
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WP No. 22691 of 2023
GATE 3, 3RD FLOOR,
MS BUILDING,
BANGALORE - 560 001.
3. DIRECTORATE OF TOWN AND COUNTRY PLANNING
AUTHORITY
M.S. BUILDING, PHASE IV
DR. B.R.AMBEDKAR VEEDHI,
BANGALORE - 560 001.
4. ASSISTANT DIRECTOR OF TOWN AND COUNTRY
PLANNING
1ST FLOOR, OPP TO NEHRU PARK,
KUVEMPU NAGAR,
KEELUKOTE EXTENSION,
KOLAR - 563101.
5. ARABIKOTHANUR GRAM PANCHAYATH,
ARABIKOTHANUR VILLAGE,
VAKALAR HOBLI,
KOLAR TALKUK.
REPRESENTED BY PDO
AMENDMENT CARRIED OUT AS PER ORDER
DATED 25.12.2024.
...RESPONDENTS
(BY SRI. SHAMANTH NAIK, HCGP FOR R1 TO R4;
SRI. B .J. SOMAYAJI ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA PRAYING TO-QUASH THE
CONDITION GET AMALGAMATION OF SY.NO.21/1 AND
21/2 WITH SY.NO.20/1 SITUATED AT
ARABHIKOTHANUR VILLAGE, VAKALAR HOBLI, KOLAR
TALUK OR RELINQUISH 9 METERS IMPOSED BY THE
R4 VIDE LETTER DTD 25.9.2023 NO.TACPA/ KO/
TABR/ ST/ VINAYASA/ 2023-24/746 ISSUED BY THE R4
VIDE ANNEXURE-K.
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WP No. 22691 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has approached the fourth respondent for the approval of a residential layout plan in the land measuring 3 acres 25 guntas in Sy.No.21/1 and 21/2 of Arabhi Kothanur Village, Vakkaleri Halli, Kolar Taluk [the Subject Properties], and the petitioner is aggrieved by the fourth respondent's Communication dated 25.09.2023 [Annexure - K]. The fourth respondent by this impugned Communication dated 25.09.2023 has called upon the petitioner to obtain a common approval for the development of the aforesaid two survey numbers along with the adjacent land in Sy.No.20/1 of the same Village, or in the alternative, to relinquish appropriate extent for 9 Meters Road in this adjacent land.
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2. This insistence, as pointed out by Sri. B. J. Somayaji, the learned counsel for the fifth respondent [the concerned Gram Panchayat], is because of some discrepancy between the descriptions of the boundaries of the subject properties in the Conversion Order issued under the provisions of the Karnataka Land Revenue Act, 1964, and the boundaries of these properties as verified at the time of inspection. In response, Sri. G. S. Kannur, the learned Senior Counsel for the petitioner, submits that the petitioner, as now ascertained, would have no difficulty to cause relinquishment of the requisite area for a 9 Meters Road in the adjacent land in Sy.No.20/1 of Arabhi Kothanur Village, but as on the date of petition, the petitioner apprehended that any relinquishment of land in Sy.No.20/1 would jeopardize the development completed in this property.
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3. Sri. G. S. Kannur elaborates that the petitioner has constructed a Multi Dwelling Residential Complex in Sy.No.20/1 of Arabhi Kothanur Village based on certain sanctioned FAR and the petitioner was apprehensive that this development would be in jeopardy if any extent is relinquished, but, with the amendment to 14B of the Karnataka Town Planning and Country Planning Act, 1961 with effect from 12.08.2021, the petitioner is now certain that the FAR sanctioned and utilization will not be affected even if there is relinquishment of this extent. In this regard, the learned Senior Counsel submits that prior to this amendment it could have been argued that the FAR would be dependent on the total extent and therefore no portion of the land can be relinquished, but with the amendment, it is now clarified that the floor area will remain if any extent for land is surrendered for a Road.
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4. Sri. Shamanth Naik, the learned High Court Government Pleader for the first to fourth respondents, and Sri. B.J. Somayaji, a learned standing counsel for the fifth respondent, are heard in the light of these submissions. Sri. Shamanth Naik submits that petitioner's request for technical approval would be considered in the light of this change in law provided that the petitioner can place on record appropriate NOC from the Welfare Association. Sri. B.J. Somayaji submits that once the technical approval is granted by the fourth respondent, the fifth respondent will grant due formal approval for the development in accordance with law.
5. It is obvious from these submissions that the petitioner is willing to give up necessary extent for 9 Meters Road within the land in Sy.No.20/1 of Arabhi Kothanur Village acting upon the NOC that is issued by the Welfare Association and in that event, the petitioner's request must necessarily be -7- NC: 2024:KHC:12416 WP No. 22691 of 2023 considered in the light of Section 14B of the Karnataka Town Planning and Country Planning Act, 1961, as amended with effect from 12.08.2021. Therefore, the petition stands disposed of reserving liberty to the petitioner to file appropriate representation, enclosing a certified copy of this order, with the fourth respondent for appropriate orders on the technical approval and the relinquishment of the requisite area for 9 meters in land in Sy.No.20/1 of Arabhi Kothanur Village, Vakkaleri Halli, Kolar Taluk. The petitioner will be at liberty to file this representation within one week and if the representation is so filed, the fourth respondent shall pass appropriate orders on or before 30.05.2024.
Sd/-
JUDGE DR List No.: 1 Sl No.: 30