IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY 2019 PRESENT THE HON’BLE MR. L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.449/2013 & WRIT APPEAL NOS.4041-4051/2013 C/W WRIT APPEAL NO.7012/2012 & WRIT APPEAL NOS.8373-8383/2012 (BDA) IN WA.NOs.449/2013 & 4041-4051/2013: BETWEEN:
THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE CORPORATION BUILDINGS N.R.SQUARE BANGALORE-560 002 ...APPELLANT (BY SRI K.N.PUTTEGOWDA, ADVOCATE) AND:
1. THE COFFEE BOARD EMPLOYEES’ CO-OPERATIVE HOUSE BUILDING SOCIETY LIMITED REGISTERED OFFICE AT NO.1 COFFEE BOARD PREMISES DR. AMBEDKAR VEEDHI BANGALORE-560 001 REP. BY ITS PAID SECRETARY SRI N.JAYARAMA AGED ABOUT 49 YEARS S/O. LATE NARAYANAPPA 2. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT M.S.BUILDING BANGALORE-560 001 3. THE COMMISSIONER THE BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD BANGALORE-560 020 4. THE TOWN PLANNING MEMBER THE BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD BANGALORE-560 020 5. COFFEE BOARD LAYOUT RESIDENTS’ WELFARE ASSOCIATION NO.383, 5TH MAIN COFFEE BOARD LAYOUT HEBBAL-KEMPAPURA BANGALORE-560 024 REP. BY ITS VICE PRESIDENT …RESPONDENTS (BY SRI VIJAY KUMAR, ADVOCATE FOR R1; SRI S.S.MAHENDRA, AGA FOR R2;
SRI A.M.VIJAY, ADVOCATE FOR R3 & R4;
SRI K.R.BHARADWAJ & SRI N.VENKATESH, ADVOCATES FOR R5) IN WA.NOs.7012/2012 & 8373-8383/2012: BETWEEN:
COFFEE BOARD LAYOUT RESIDENTS WELFARE ASSOCIATION NO.383, 5TH MAIN COFFEE BOARD LAYOUT HEBBAL-KEMPAPURA BANGALORE-560 024 PRESENTLY REP. BY ITS PRESIDENT ...APPELLANT (BY SRI K.R.BHARADWAJ & SRI N.VENKATESH GOWDA, ADVOCATES) AND:
1. THE COFFEE BOARD EMPLOYEES’ CO-OPERATIVE HOUSING SOCIETY LIMITED REGISTERED OFFICE AT NO.1 COFFEE BOARD PREMISES DR. AMBEDKAR VEEDHI BANGALORE-560 001 REP. BY ITS PAID SECRETARY SRI N.JAYARAMA AGED ABOUT 45 YEARS S/O. LATE NARAYANAPPA 2. THE COMMISSIONER THE BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD BANGALORE-560 020 3. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT M.S.BUILDING BANGALORE-560 001 4. THE TOWN PLANNING MEMBER THE BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD BANGALORE-560 020 5. THE COMMISSIONER THE BRUHATH BANGALORE MAHANAGARA PALIKE N.R.SQUARE, BANGALORE-560 001 6. MR.K.BALARAJ AGED ABOUT 57 YEARS S/O. LATE KUNMARAVEL NO.22, II MAIN ROAD CHINNAPPA GARDEN BENSON TOWN POST BANGALORE-560 046 7. SMT. THARA AGED ABOUT 59 YEARS NO.353, COFFEE BOARD COLONY SHAMPUR ROAD, K.G.HALLI POST BANGALORE-560 045 8. MR.M.VENKATAGIRIYAPPA S/O. LATE VENKATAPPA AGED ABOUT 55 YEARS NO.1058, 1ST MAIN 8TH CROSS, KENGERI SATELLITE TOWN BANGALORE-560 060 9. MR.G.RAVI KUMAR S/O. LATE GOPALACHARI C/O. SRI SURENDRASWAMY AGED ABOUT 43 YEARS NO.437, 4TH MAIN 7TH CROSS, COFFEE BOARD LAYOUT HEBBAL, KEMPAPURA BANGALORE-560 024 10. MR.S.J.WAJEED S/O. LATE S.A.JABBAR AGED ABOUT 43 YEARS NO.2971, 3RD CROSS SHATAB NAGAR R.T.NAGAR POST KAVAL BYRASANDRA BANGALORE-560 032 11. MR.M.C.CHENNAKESHAVA S/O. SRI CHENNAIAH AGED ABOUT 42 YEARS NO.18, GATTIGERE NEAR GOSPEL SCHOOL BEML NEW EXTENSION RAJARAJESWARI NAGAR BANGALORE-560 054 12. MR.K.RAMESH S/O. SRI KARIAPPA AGED ABOUT 42 YEARS NO.9/6, 14TH ‘B’ CROSS KEMPAIAH EXTENSION AGRAHARA DASARAHALLI MAGADI ROAD, BANGALORE-560 079 13. MR.T.JAYARAMA S/O. LATE THIMMAIAH AGED ABOUT 44 YEARS NO.3587, 2ND CROSS GAYATRINAGARA EXTENSION BANGALORE-560 021 14. MR.C.K.KANNIAPPA S/O. LATE KAMMA AGED ABOUT 48 YEARS NO.31, 2ND MAIN ROAD GANGA NAGAR EXTENSION R.T.NAGAR POST BANGALORE-560 032 15. MR.BETTASWAMI S/O. SRI RAMAIAH AGED ABOUT 42 YEARS NO.748, 2ND CROSS SANJEEVINI NAGAR OMSHAKTHI TEMPLE MAIN ROAD BANGALORE-560 091 16. MR.R.SHESHACHALA S/O. SRI R.RANGASWAMY AGED ABOUT 40 YEARS NO.17, 6TH CROSS, AECS LAYOUT ASHRAMA COLONY, GEDDALAHALLI BANGALORE-560 094 17. SMT.PUSHPAMANJARI W/O. SRI J. JOY IMMANUEL AGED ABOUT 44 YEARS NO.56/4, 4TH MAIN VIJAYKUMAR BUILDING H.G.H. LAYOUT, GANGANAGAR BANGALORE-560 032 …RESPONDENTS (BY SRI VIJAY KUMAR, ADVOCATE FOR R1; SRI A.M.VIJAY, ADVOCATE FOR R2; SRI S.S.MAHENDRA, AGA FOR R3;
SRI K.N.PUTTEGOWDA, ADVOCATE FOR R5;
SRI B.N.SURESH BABU, ADVOCATE FOR R6 TO R17; R4 IS SERVED BUT UNREPRESENTED) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURTS ACT, 1961 PRAYING TO SET ASIDE THE ORDER DATED 14.09.2012 PASSED BY THE LEARNED SINGLE JUDGE IN WP.NOS.7743/2009 & 9210-14/2009 & 3848- 3853/2012.
THESE WRIT APPEALS COMING ON FOR ORDERS, THIS DAY, THE ACTING CHIEF JUSTICE, DELIVERED THE FOLLOWING:
J U D G M E N T WAs.No.449/2013 & 4041-4051/2013 are preferred by the Bruhat Bengaluru Mahanagara Palike (‘BBMP’ for short) and WAs.No.7012/2012 & 8373-8383/2012 are preferred by Coffee Board Layout Residents Welfare Association (respondent No.5 before the Hon’ble Single Judge) seeking to set aside the order dated 14.09.2012 passed by the Hon’ble Single Judge in WPs.No.7743/2009 & 9210-14/2009 & 3848-3853/2012.
2. Learned Counsel for respondent No.1-petitioner submits that instead of considering the instant appeals on merit, a direction may be issued to the Bangalore Development Authority (‘BDA’ for short) to consider representation dated 10.09.2018 given by the petitioner and to pass appropriate orders. This would suffice the facts and circumstance of the case.
3. Learned Counsel appearing for the Bangalore Development Authority (‘BDA’ for short) submits that petitioners’ representation will be considered in accordance with law.
4. In view of the submissions made by the both the learned Counsel, we dispose of these appeals with following directions.
i) The writ appeals are disposed of. The order dated 14.09.2012 passed by the Hon’ble Single Judge in WP.Nos.7743/2009 & 9210-14/2009 & 3848-3853/2012 is set aside.
ii) BDA is directed to consider petitioner’s representation dated 10.09.2018 and pass appropriate orders in accordance with law within a period of six weeks from the date of receipt of a copy of this order.
In view of disposal of the writ appeals, IA.Nos.1/2015 and 1/2019 filed in WA.Nos.7012/2012 & 8373-8383/2012 do not survive for consideration and the same are disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE LB