Karnataka High Court
Primus Life Spaces Pvt Ltd vs The Commissioner on 10 April, 2023
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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WP No. 6541 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 6541 OF 2023 (LB-BMP)
BETWEEN:
PRIMUS LIFE SPACES PVT LTD
REP BY ITS AUTHORISED SIGNTORY
(REGISTERED BY RULE 29 OF THE
COMPANIES RULES 2014)
SRI K MANJUNATH
OFFICE AT NO 22
5TH FLOOR, HARA CHAMBERS
K H ROAD
BENGALURU 560027
REP BY ITS DIRECTOR
...PETITIONER
(BY SRI. R B SADASIVAPPA., ADVOCATE)
AND:
Digitally signed
by
NARAYANAPPA 1. THE COMMISSIONER
LAKSHMAMMA BRUHAT BENGALURU MAHANAGARA PALIKE
Location: HIGH N R SQUARE
COURT OF BENGALURU 560002
KARNATAKA
2. ASSISTANT REVENUE OFFICER (A R O)
BRUHAT BENGALURU MAHANAGARA PALIKE
NO 569/570, SRI SRINIVASA ARCADE
1ST MAIN ROAD, K S TOWN, STAGE 1
KENGERI SATELLITE TOWN
BENGALURU 560060
3. THE COMMISSIONER
BENGALURU DEVELOPMENT AUTHORITY (BDA)
KUMARA PARK WEST,
BENGALURU-20.
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WP No. 6541 of 2023
(AMENDED AS PER COURT ORDER DATED 21.3.2023)
...RESPONDENTS
(BY SRI. PAWAN KUMAR ., ADVOCATE FOR R1 AND R2;
SRI. K. KRISHNA., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE
OF CERTIORARI TO QUASH THE ENDORSEMENT ISSUED ONLINE
DATED 04/03/2023 VIDE ANNEXURE-E AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the following reliefs:
a. Issue writ in the nature of certiorari to quash the endorsement issued online dated 04/03/2023 vide Annexure-E;
b. Consequently issue writ in the nature of mandamus directing the 2nd respondent to issue Khatha as sought for by the petitioner vide Annexure-D; c. Grant such other order/direction as this Hon'ble Court deems fit under the circumstances of the case, in the interest of justice and equity. d. 10.4 WP 6541
2. The grievance of the petitioner is that the petitioner being the owner of the property bearing Sy.No.56/2, Old Sy.No.7/7 measuring 1 acre 25 guntas, situated at Manavarthe Kaval Village, Uttarahalli Hobli, -3- WP No. 6541 of 2023 Bengaluru East Taluk, Bengaluru, which had been converted for residential use, a layout having been formed on the said property, after taking due approval from the BDA, and the property coming within the territorial jurisdiction of BBMP, the BBMP has rejected an application for making a katha in respect of aforesaid land on the ground that the NOC from the BDA has not been enclosed with the application. It is in that background the BDA was made a party to these proceedings.
3. Sri.K.Krishna, learned counsel for respondent No.3- BDA submits that what has been sanctioned by the BDA is a private layout and once a private layout is sanctioned and sites are formed, the other civic amenities provided in the layout, the BDA would release the sites in favour of the developer and it is for the developer to approach the jurisdictional municipal corporation, in this case, respondent No.2 to seek for issuance of katha in respect of the -4- WP No. 6541 of 2023 individual sites. He submits that it is only when a layout is formed by the BDA by itself, the BDA issues katha in respect of sites formed by the BDA. In respect of private layout, the BDA does not issue any katha. His submission is placed on record.
4. Sri.Pawan Kumar, learned counsel for the respondent No.1 and 2, taking into consideration the submission of Sri.K.Krishna, learned counsel for BDA, submits that the BBMP will process the application submitted by the petitioner provided a new online application is submitted by the petitioner since the earlier application has already been rejected and computer system does not allow the rejected application to be reconsidered by the BBMP.
5. The entire issue having arisen on account of a computer generated rejection order, it is required of the BBMP to rectify the software by taking into consideration the actual applicable law and not to -5- WP No. 6541 of 2023 reject such applications filed by the citizen for reasons not provided under law.
6. The rejection in the present case being on account of NOC from BDA not being enclosed with the application, the same is not sustainable inasmuch as its' a private layout. The BDA by way of its order dated 24.05.2022 at Annexure-C has released the sites in favour of the developer after taking into consideration the due compliance with the conditions imposed while sanctioning the layout plan. This aspect is required to be incorporated into the software of the BBMP while considering the application for katha submitted by a developer or a site owner of a private layout. In view thereof, I pass the following:
ORDER i. The Writ Petition is allowed. A certiorari is issued.-6-
WP No. 6541 of 2023 ii. The online endorsement dated 04.03.2023 at Annexure-E issued by the BBMP is hereby quashed.
iii. The petitioner is directed to submit a fresh online application with relevant documents within a week from today which shall be considered by respondent No.2 within a period of 4 weeks thereafter.
iv. Though the above petition is disposed, re-list 29.05.2023 at 2.30 p.m. for reporting compliance with rectification of the software in view of the above observations.
Sd/-
JUDGE PRS List No.: 1 Sl No.: 23