Indian Kanoon - Search engine for Indian Law

3. In the light of the issue being common, both these petitions are taken up together and considered by this common order. For the sake of brevity, facts obtaining in Writ Petition No.33555 of 2024 would be narrated.

4. Facts, in brief, germane are as follows: -

4.1. The petitioner is a Resident Welfare Association said to have been registered under the Karnataka Societies Registration Act with an object of providing more livable, clean and healthy environment to the residents of Sadashivanagar area. The 1st respondent/Government through the Department of Urban Development enters into an agreement with a consortium for the purpose of construction of a commercial complex in Sadashivanagar which was earlier standing as BDA complex. It is the averment in the petition that Sadashivanagar BDA complex forms part of Sadashivanagar. At the time of formation of the said layout, one of the sites measuring 969.6 sq. mts. was reserved as a civic amenity site. For the convenience of locals, the BDA had set up a complex consisting of small shops for selling of groceries and also set up photocopying units in the said civic amenity site. The BDA complex was functioning as a facility catering to the daily needs of the residents of the neighbourhood from the year 1982. Since the complex was close to 40 years old and began to de-generate into dilapidated condition, a tender notification is issued for the construction of a complex by demolishing the old and bringing up a new one.

5. The learned senior counsel Sri Udaya Holla appearing for the petitioners would vehemently contend that the subject site was reserved as a civic amenity site when Sadashivanagar layout was formed in the year 1969. Since then it has been a civic amenity site and it is trite law that in a civic amenity site there cannot be a complex coming up. It is for usage of the citizens and needs of the citizens like park, playground or any other amenities for the citizens. The learned senior counsel would further submit that though there was a complex earlier in the name and style of Sadashivanagar BDA complex, the present construction is for altogether a new building, which undoubtedly violates the plan that formed RMS II Stage way back in 1969.

The learned senior counsel Sri Udaya Holla appearing for the petitioners submit that it is this civic amenity site that is now put to use. The BDA resolution in terms of what is noted hereinabove is dated 13-07-1977. It is an admitted fact that after the emergence of the said document the subject area did not remain as an area i.e., civic amenity site. The BDA itself re-developed the area into a BDA complex. Existence of BDA complex since 1982 in the said place is not in dispute. It is the averment in the statement of objections that the State thought it fit to re-develop the BDA complex by demolishing the old and bringing up a new one. The issue now is, whether the plan that was furnished to one Vishvaram Hotels was the plan that remained in subsistence throughout, alas it is not.

10. A revised master plan 2015 of the area is in place. The plan is appended to the statement of objections by the BDA. A perusal at the revised master plan would clearly indicate that the area which the petitioners are now contending to be a civic amenity site was never a civic amenity site. It is a commercial area then and commercial area in the revised master plan. The BDA did not construct commercial complex in the civic amenity site. It was the commercial complex that stood the test of time for over 36 years. It was undoubtedly constructed in an area reserved for commercial purpose. The same is carried over in the RMP 2015. The layout plan is appended as Annexure-R1, which clearly indicates that it is a commercial area and declared a commercial area at every point in time. Owing to the fact that the BDA complex was in a dilapidated condition, the BDA calls for a tender. Respondents 3 to 6, as a consortium, participate in the tender and emerge successful. A concession agreement is entered into between the BDA and the consortium for the purpose of re-development of the area into a new complex. The agreement is entered into in the year 2018. There was a lull since then. Though the residents of the area were completely aware of the concession agreement being entered into for the purpose of re-development of the site, did not choose to point a finger at such re-development as it was a re-development of a old complex into a new complex again for the benefit of citizens.