Karnataka High Court
Prajapitha Brahma Kumaris vs Deputy Commissioner on 7 November, 2023
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2023:KHC:39805
WP No. 40048 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 40048 OF 2017 (LB-RES)
BETWEEN:
PRAJAPITHA BRAHMA KUMARIS,
ISHWARIYA VISHWAVIDYALAYA,
NELAMANGALA BRANCH,
NO.5564/9/64, BHARATH GAJARIA LAYOUT,
SUBHASHNAGAR, NELAMANGALA - 562 123,
REP. BY B.K.VIJAYA,
AGED ABOUT 58 YEARS,
IN CHARGE & RAJAYOGA TEACHER.
...PETITIONER
(BY SRI. P.N. HEGDE, ADVOCATE)
AND:
1. DEPUTY COMMISSIONER,
BANGALORE RURAL DISTRICT,
BANGALORE - 560 001.
Digitally signed
by 2. NELAMANGALA PLANNING AUTHORITY,
NARAYANAPPA B.H.ROAD, SUBHASH NAGAR 562 123,
LAKSHMAMMA NELAMANGALA, REP. BY ITS
Location: HIGH
COURT OF JOINT DIRECTOR & MEMBER SECRETARY.
KARNATAKA
3. NELAMANGALA TOWN MUNICIPAL COUNCIL,
BANGALORE RURAL DISTRICT - 562 123,
REP. BY ITS CHIEF OFFICER.
...RESPONDENTS
(BY SMT. SARITHA KULKARNI, HCGP FOR R1;
SRI. YOGESH D. NAIK, ADVOCATE FOR R2;
SRI. KALYAN R, ADVOCATE FOR R3)
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NC: 2023:KHC:39805
WP No. 40048 of 2017
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE
COMMUNICATION DTD 13.03.2009 AT ANNX-A ISSUED BY THE R-2
AUTHORITY AND CONSEQUENTLY DIRECT THE R-2 TO ACCORD PLAN
SANCTION FOR THE CONSTRUCTION OF PROPOSED ART GALLERY IN
THE AREA MEASURING 34 X 80 OVER THE PROPERTY BEARING
KATHA NO.5623 OF KASABA HOBLI, NELAMANGALA VILLAGE,
NELAMANGALA TALUK.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for following reliefs:
a) Issue a Writ in the nature of Certiorari quashing the communication dated 13.03.2009 at Annexure-A issued by the 2nd respondent authority and consequently direct the 2nd respondent to accord plan sanction for the construction of proposed art gallery in the area measuring 34 X 80 over the property bearing katha No.5623 of kasaba Hobli, Nelmangala Village, Nelamangala Taluk.
b) Issue a Writ in the nature of Mandamus directing the 3rd respondent to consider the representation of petitioner at Annexure-B dated 30.06.2016 and consequently restore the area measuring 34 X 80 of property bearing katha No.5623 of kasaba Hobli, Nelamangala Village, Nelamangala Taluk.
2. The petitioner is stated to be an organization involved in educating people about world peace, spiritual and divine Rajayoga, having its headquarters at Mount Abu, Rajasthan and having its branches in 140 countries with more than 8,500 branches.
3. The petitioner had established one such branch in Nelamangala in the year 1970, where Rajayoga classes -3- NC: 2023:KHC:39805 WP No. 40048 of 2017 were being held. The Village Panchayat had resolved to grant a site bearing Katha No.5623 measuring 1200 sq. ft. to the petitioner, that the petitioner having sought for a larger area in another meeting held on 08.12.1995, a resolution was passed. Considering the grant of 34 x 80 feet of Katha No.5623 for a period of 90 years for a lease amount of Rs.10,000/-.
4. However, when the petitioner approached respondent No.2 seeking for a plan sanction, the same came to be rejected vide resolution dated 12.03.2008. Hence, the petitioner made an application for allotment of alternate site as regards which an endorsement was issued on 08.12.2015 that the same would be placed before the meeting of the planning authority. Since no alternate site was allotted to the petitioner, the petitioner is before this Court seeking for the aforesaid reliefs.
5. Sri. Yogesh D. Naik, learned counsel for respondent No.2/Planning authority, would submit that civic amenities sites would have to be allotted to the petitioner and the said allotment would be governed by the Karnataka Urban Development Authorities (Allotment of -4- NC: 2023:KHC:39805 WP No. 40048 of 2017 Civic Amenity Sites) Rules, 1991 and in terms thereof, whenever the petitioner were to make an application for a civic amenities site designated for the purpose for which the petitioner intends to use the said application would be considered, taking into account the seniority of the petitioner, in terms of the earlier resolution which has been passed by the Gram Panchayat, I am of the considered opinion that the said submission of the counsel for respondent No.2 answers the grievance of the petitioner. Hence, I pass the following:
ORDER
(i) In the event of respondent No.2 inviting application for allotment of civic amenities sites and the petitioner applying thereto, respondent No.2 is directed to consider the said application taking into consideration the resolution passed by the Gram Panchayat, for the purposes of seniority.
Sd/-
JUDGE GJM List No.: 1 Sl No.: 56 CT: BHK