IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.43649/2019 AND WRIT PETITION No.47949/2019 (LB-BMP) Between:
1. M/s. Ceear Realty and Infrastructure Private Limited, A Company incorporated under the provisions of The Indian Companies Act, 1956, Having its registered office at:
Crystal Tower, 8th Floor, 801/802, 48 Maruti Lane, Mumbai – 400 022.
Branch Office at:
1st Floor, Bellary Road, Sadashivanagar, Bengaluru – 560 080. Rep. by Director Cherag Ramakrishnan.
2. BVS & Ceear Realty, A Partnership Concern, Having its office at:
No.17, 1st Floor, Sadashivanagar, Bellary Road, Bengaluru – 560 080 Rep. by Partner Cherag Ramakrishnan. … Petitioners (By Sri Prashanth Kammar, Advocate a/w Sri Praveen H.P., Advocate) And:
1. The State of Karnataka, By its Chief Secretary, Urban Development Department, 4th Floor, Vikasa Soudha, Bengaluru – 560 001, Karnataka.
2. The Commissioner, Bangalore Development Authority, No.7, T. Chowdaiah Road, Kumara Park West, Near Windsor Manor Bridge, Bengaluru – 560 020.
3. The Commissioner, Bruhat Bangalore Mahanagara Palike, NR Square, Bengaluru – 560 002.
4. The Deputy Commissioner, (Land Acquisition), Bruhat Bangalore Mahanagara Palike, NR Square, Bengaluru – 560 002.
5. Joint Director (Town Planning – South), Bruhat Bangalore Mahanagara Palike, NR Square, Bengaluru – 560 002 … Respondents (By Smt. Prathima Honnapura, AGA for R1; Sri Ajay Kumar M., Advocate for R2;
Sri M.R. Jagadeeshwara, Advocate for R3 to R5) These Writ Petitions are filed under Article 226 of the Constitution of India, praying to direct the R-3/5 to issue the physical stamped and approved modified plan for the construction of basement+ground+7 upper floors in the residential project known as ‘Big Tree’ to the petitioner No.1 within a specified period of three months and etc.
These Writ Petitions coming on for preliminary hearing in ‘B’ Group this day, the Court made the following:
ORDER The petitioners have filed the present writ petitions seeking for issuance of a writ directing respondent Nos.3 to 5 to issue the modified plan for construction. The petitioners have also sought for an appropriate direction to second/fourth respondent to revalidate/renew the Development Rights Certificate bearing No.003504, Ledger Folio No.121 dated 13.03.2015 in accordance with Rule 9 of the Karnataka Town and Country Planning (Benefit of Development Rights) Rules, 2016.
2. It is not in dispute that the petitioner Company had obtained the sanctioned plan for putting up of construction. However, subsequently the petitioners had purchased the Development Rights Certificate and sought for modified sanctioned plan and had sought to take benefit of the Development Rights Certificate which conferred certain additional rights for construction.
3. The petitioners submit that they had made numerous representations to respondent–Bruhat Bengaluru Mahanagara Palike (BBMP) to take necessary steps for issuance of Development Rights Certificate.
4. The respondent–BBMP as well as respondent–Bangalore Development Authority (BDA) are represented by their counsel.
5. The learned counsel appearing for second respondent–BDA submits that though Development Rights Certificate is to be issued and revalidated by second respondent, unless the relevant records are forwarded by third respondent – BBMP, no action can be taken in that regard.
6. The learned counsel appearing for respondent–BBMP submits that they would transmit the necessary records that are available as regards the petitioners’ Development Rights Certificate to the second respondent – BDA.
7. It is further submitted by the learned counsel for respondent–BBMP that as the plan at earlier instance has already been issued, the petitioners may be required to submit fresh set of documents and such of the documents submitted by the petitioners would be transmitted to respondent–BDA alongwith their opinion to enable the respondents to take necessary action.
8. It is further submitted that after revalidation of Development Rights Certificate, the question of approving modified plan by taking into account the benefits available under the Development Rights Certificate could be taken in accordance with law.
9. Accordingly, the petitions are disposed off by taking note of the submissions of learned counsels for respondents as follows:-
(i) The respondent–BBMP and its officers to ensure that records relating to the petitioners insofar as revalidation of Development Rights Certificate bearing No.003504 dated 13.03.2015 would be transmitted to respondent–BDA within a period of four weeks from today. In the event, the respondent–BBMP requires additional documents, notice may be issued by the third respondent–BBMP to the petitioner to submit fresh set of documents as may be necessary and the said documents would be transmitted to respondent–BDA.
(ii) The respondent–BDA to take necessary action on the basis of documents transmitted by respondent–BBMP within a period of four weeks thereafter. After revalidation of Development Rights Certificate, respondent–BBMP to process the request of petitioners for modified plan within a period of eight weeks thereafter.
These petitions are accordingly disposed off, subject to the above observations.
Sd/- JUDGE VGR