Karnataka High Court
Sri B Kemparaj vs Bangalore Development Authority on 11 July, 2023
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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WP No. 18671 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 18671 OF 2022 (BDA)
BETWEEN:
1. SRI B KEMPARAJ
AGED ABOUT 61 YEARS,
S/O. SRI. U.M. BALAIAH,
RESIDING AT NO.354,
'SHIVAKRUPA' 11TH MAIN,
INFRONT OF DECCAN NURSERY,
SHAKAMBARI NAGAR,
BANGALORE-560 078.
... PETITIONER
(BY SRI. P MAHESHA., ADVOCATE)
AND:
Digitally signed by
VIJAYA P 1. BANGALORE DEVELOPMENT AUTHORITY
Location: High
Court of T.CHOWDAIAH ROAD,
Karnataka KUMARA PARK WEST,
BENGALURU-560 020.
REPRESENTED BY ITS COMMISSIONER
2. THE KANAKA GRUHA NIRMANA
SAHAKARA SANGH NIYANITHA,
NO.554, 9TH CROSS, 7TH BLOCK WEST,
JAYANAGAR,
BENGALURU-560 082
REP. BY ITS SECRETARY
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WP No. 18671 of 2022
REG. U/P KARNATAKA CO-OPERATIVE
SOCIETIES ACT.
... RESPONDENTS
(BY SRI. H.T. BASAVARAJU, ADVOCATE FOR R1;
R2 IS DISPENSED WITH V/O DATED 10.07.2023)
***
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE IMPUGNED ENDORSEMENT BEARING
NO.BEN.A.PRA/KAM.A(DA)3235/2022-23 DTD 21.06.2022
ISSUED BY REVENUE OFFICER, OFFICE OF THE REVENUE
OFFICE, BDA, BANGALORE SOUTH VIDE ANNEXURE-D AND
ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner has sought for issuance of writ of certiorari to quash the endorsement at Annexure-D dated 21.06.2022, whereby the request of petitioner for registration of katha with respect to site No.180 has been rejected on the ground that in the layout that is formed, there is no maintenance of park by having chain link fencing and also there is no facility of STP for processing of drainage water. Accordingly, the application of -3- NC: 2023:KHC:23929 WP No. 18671 of 2022 petitioner has been rejected by way of endorsement which is challenged in the present petition.
2. It is not in dispute that the layout has been formed by respondent No.2 - Society and it is not a layout that is formed pursuant to the acquisition by the BDA and allotment of the land to the Society. If that were to be so, taking note of the observations made in W.P.No.20898/1990, case is made out for quashing the endorsement and for issuance of a direction to respondent No.1 for registration of katha.
3. The observations made in W.P.No.20898/1990 reads as follows:
4. Learned counsel for the petitioners invite the attention of the court to the direction issued by this court in similar circumstances in W.P. No.20898/1990. On a query, it is fairly submitted by the learned counsel for the respondent authority that the same has become final and having not been appealed against this court while disposing off the aforesaid writ petition vide dated 29.01.1993, has been pleased to observe as follows:-
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3. The petitioner, being one of the allottees, has applied to the BDA for change of khata of the aforesaid site No.19 in his favour. BDA has refused to change the khata on the ground that the said site has not been released for allotment. The layout in question being a private layout formed by the 2nd respondent -
society in accordance with the layout sanctioned by the BDA, there is no question of "releasing the site" by the BDA for purpose, of allotment by the society.
4. In the result, this petition succeeds. The 1st respondent is directed to change the khata of site No.19 in favour of the petitioner after satisfying itself regarding the title, to the said site, of the petitioner which according to him has to be conveyed to him by the society. Petition allowed. Time for compliance is two months from the date of receipt of a copy of this order.
In view of the above, the present writ petitions are also disposed off in similar terms. Accordingly, the first respondent is directed to change the Khata of the sites bearing No.194, 200 and 190 after satisfying itself with regard to the title of the petitioners over the said sites that have been conveyed to them by the second respondent Society. The exercise to grant the Khata in favour of the petitioners shall be -5- NC: 2023:KHC:23929 WP No. 18671 of 2022 completed within an outer limit of three months from the date of receipt of the copy of this order."
4. If the layout is formed by the Society, the jurisdiction of the BDA would only be for ensuring that the layout is in terms of its approval and if there is any violation, it is open to the BDA to take action in accordance with law. However, registration of katha in the name of a purchaser cannot be refused on the ground that the maintenance of layout by the Society is not in accordance with the layout plan. It is not the case herein that the site of petitioner falls within the park or other civic amenity area. The only ground for refusal in the present case is that the park is not maintained and STP facility is absent. If that were to be so, it is always open for respondent No.1 to take appropriate action in accordance with law as regards such deficiency in the layout. However, that would not come in the way of considering the request for change of katha.
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5. Accordingly, the endorsement at Annexure-D is set aside. The request of petitioner for change of katha with respect to site No.180 to be considered in accordance with law within a period of 3 months from the date of receipt of certified copy of this order taking note of the discussions made above.
Accordingly, petition is disposed off.
Sd/-
JUDGE VP