IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.13341/2018 (LB-BMP) Between:
M/s. Credence Constructions, No.113/2, Sai Paryavaran House, ITPL Road, Near Brooke Fields, Bengaluru – 560 037, Represented by its Managing Partner, Sri Sudip K. Jain, S/o Kashi Ram Jain, Aged about 51 years. … Petitioner (By Sri Vivek Anand Anthony Britto, Advocate) And:
1. The State of Karnataka, Urban Development Department, Represented by its Additional Chief Secretary, Vikasa Soudha, Bengaluru – 560 001.
2. The Commissioner, Bangalore Development Authority, T. Chowdaiah Road, Kumara Park West, Bengaluru – 560 020.
3. The Commissioner, Bruhat Bangalore Mahanagara Palike, N.R. Square, Bengaluru – 560 002.
4. The Assistant Director (Town Planning), Bruhat Bangalore Mahanagara Palike, Mahadevapura, Bengaluru – 560 048.
5. The Executive Engineer – East Division, Bangalore Development Authority, HSR Layout, Bengaluru – 560 102.
6. The Assistant Executive Engineer, No.2, East Sub-Division, Bangalore Development Authority, HSR Layout, B.D.A. Complex, Bengaluru – 560 102. … Respondents (By Sri Dinesh Rao N., Additional Advocate General a/w Sri M.A. Subramani, HCGP for R-1;
Sri K. Krishna, Advocate for R-2, R-5 & R-6; Sri H. Devendrappa, Advocate for R-3 & R-4) ***** This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to consider the representation of the petitioner dated 20.01.2018 vide Annexure-M and to issue Occupancy Certificate in respect of the residential building constructed on the below described schedule property without reference to the communication of the respondent No.6 dated 26.02.2018 vide Annexure-N, forthwith and etc.
This Writ Petition coming on for preliminary hearing this day, the Court made the following:
ORDER This Court, by order dated 18.09.2018 while noticing the directions given by National Green Tribunal (‘N.G.T.’ for short) in O.A.No.222/2014 and also noticing that proceedings were pending before the Apex Court as regards the order of N.G.T. had deferred consideration of the matter.
2. It is brought to the notice of this Court that the Apex Court in Civil Appeal No.5016/2016 and connected matters has set aside the orders of N.G.T. dated 7.5.2015 and 4.5.2016.
3. In the present case, the Bangalore Development Authority had issued an endorsement as regards the Occupancy Certificate sought for, stating that the same could not be considered in light of the directions passed by N.G.T. regarding the buffer area to be maintained from the edge of water body. It was further stated that the same would be considered in light of the orders to be passed by the N.G.T.
4. The petitioner in this petition has sought for an appropriate direction in the nature of mandamus directing the petitioner to consider the representation of the petitioner at Annexure-M dated 20.01.2018 and to issue the Occupancy Certificate. By virtue of the endorsement at Annexure-N dated 26.02.2018, the petitioner’s application for Occupancy Certificate was kept in abeyance, primarily in light of the order dated 04.05.2016 passed by N.G.T. wherein, N.G.T. had passed certain directions in the case of Forward Foundation and Others v. State of Karnataka and Others (O.A.No.222/2014) relating to fixing of buffer zone as regards lakes and Rajakaluves.
5. The directions issued by N.G.T. came to be challenged before the Apex Court in Civil Appeal No.5016/2016 and connected matters, wherein the Apex Court has set aside the orders of N.G.T. dated 07.05.2015 and 04.05.2016.
6. In light of setting aside of the orders of N.G.T. by the Apex Court, the endorsement is not sustainable and the application of the petitioner is required to be considered. The application for issue of Occupancy Certificate, which is pending is required to be considered and disposed of keeping in mind the requirements as per Section 310 of the Karnataka Municipal Corporations Act, 1976 and Regulation 5.6 of the Bangalore Mahanagara Palike Building Bye-laws 2003, the required compliance with respect to revised Master Plan–2015 and other laws, as may be applicable. Said consideration to be completed within a period of 30 days from the date of release of this order.
7. For effecting consideration of petitioner’s application by the respondent – Bangalore Development Authority within the time stipulated, the petitioner is required to furnish documents, No Objection Certificates/clearances from statutory Authorities, as may be required in law.
8. Accordingly, petition is disposed of subject to the above observations.
Sd/- JUDGE VGR