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3. The petitioners in W.P.No.40299/2014 contend that the petitioner No.2 proposed to develop land in NC: 2026:KHC:7169 HC-KAR Sy.Nos.7, 9 and 13 of Gubbalala Village, measuring 19 acres 30 guntas. The aforesaid land was already converted from agricultural to non-agricultural residential use in terms of orders dated 16.12.2004 and 31.03.2005. The property so converted was assessed to tax by the Panchayat and the name of the petitioner No.2 was included in the property records of the Panchayat. The lands fell within the limits of the Bruhat Bengaluru Mahanagara Palike (for short, 'BBMP') in the year 2007. The respondent No.1 entered the name of the petitioner No.2 in the property register in respect of the aforesaid properties and assigned Khata No.1208/7, 9 and 13. Petitioners claim that as per the Comprehensive Development Plan,1995 (for short, 'CDP,1995') the lands above mentioned lay within the residential zone and there was no mention of any storm water drain running through the aforesaid lands. The petitioner No.2 in order to construct a multi-dwelling residential apartment sought sanction of a building plan from the Bangalore NC: 2026:KHC:7169 HC-KAR Development Authority (for short, 'BDA') and also no objection certificates from the Pollution Control Board, BWSSGB, BESCOM, BSNL, Director General of Police, Airport Authority of India. Later, it sought approval of a building plan from the BDA to construct 05 residential buildings consisting of Ground plus 14 upper floors. The said plan was sanctioned on 21.08.2007 which was thereafter modified. The BDA also granted license for the construction and a commencement certificate authorizing the commencement of construction. Petitioners contend that after obtaining all the relevant permissions and sanctions from the concerned authorities, developmental activities in the aforesaid lands were taken up. The concerned authorities had also inspected the lands and were satisfied that petitioners had obtained all the required permissions and sanctions as stated above. Petitioners claim that after the construction was completed in all respects in accordance with the sanction plan, the BDA issued an occupancy certificate. It is claimed that the NC: 2026:KHC:7169 HC-KAR petitioner No.2 had sold the individual apartments to various purchasers, who all constituted as members of an apartment association as per the provisions of the Karnataka Apartment Ownership Act and Rules, 1972. Petitioners claim that the petitioner No.2 had put up five buildings with eleven wings consisting of 1131 apartments, where all the apartments have been sold to third parties way back in the year 2009. Petitioners contend that after such registration, the owners of the apartments had applied to the BBMP for entering their names in the property register and that the same are pending.

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NC: 2026:KHC:7169 HC-KAR

28. The petitioners in W.P.No.40299/2014 contend that there was no mention of the storm water drain in the CDP-1995 and that BDA had sanctioned a development plan and that they have constructed multi dwelling residential apartments over the land in Sy.No.7 of Gubbalala. They however have not produced the RTC of Sy.No.7 of Gubbalala. They also have not disputed the fact that within their project, they have maintained a drain that measures 1.80 meters x 1.70 meters and which exits their compound.

29. In so far as Sy.No.7 of Gubbalala is concerned, it measures 14 acres 06 guntas including 'A' kharab of 27 guntas and 'B' kharab of 19 guntas. Out of the above, an area measuring 11 acres 9.5 guntas including 'A' kharab of 0-27 guntas was converted for non-agricultural purpose, where petitioner No.2 in W.P.No.40299/2014 is permitted to put up multi-dwelling residential units. Likewise, the petitioner in W.P.No.47937/2019 is an association of the residents of a layout formed in Sy.No.11 of Gubbalala