IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.14396/2018 (LB-BMP) Between:
Hoysala Projects Pvt. Ltd.
A Company incorporated under the Companies Act, 1956 Having its Corporate office at #104, Ground Floor Infantry Techno Park Infantry Road Bangalore – 560 001 Represented herein by its Authorised Signatory Mr. Amaranath Hiremath. ... Petitioner (By Sri Joseph Anthony, Advocate) And:
1. The State of Karnataka Represented by its Chief Secretary Vidhana Soudha Bengaluru – 560 001.
2. Bruhat Bangalore Mahanagara Palike N.R.Square Bangalore – 560 002 Represented by its Commissioner.
3. Joint Director of Town Planning Bruhat Bangalore Mahanagara Palike N.R.Square Bangalore – 560 002. ... Respondents (By Sri M.A.Subramani, HCGP for R1;
Sri T.M.Venkata Reddy, Adv. for R2 and R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to issue occupancy certificate in favour of the petitioner with respect to the petition schedule property pursuant to the petitioner’s applications dated 08.12.2016 and 14.02.2018 strictly in terms of Section 310 of Karnataka Municipal Corporation Act, 1976 r/w. Clause 5.6.1 of Building By Laws 2003 and Plan Sanction dated 28.05.2014 at Annexures – L and N and etc.
This Writ Petition coming on for preliminary hearing in ‘B’ group this day, the Court made the following:
ORDER The petitioner is stated to be a Company involved in a Real Estate Development and Construction activity. The petitioner states that they had applied for an occupancy certificate with respect to their project relating to Phase-1 (South Side III Block) Residential Complex. The respondent-BBMP by endorsement dated 20.03.2018 declined the grant of occupancy certificate while observing that the buffer area that is required to be maintained from tertiary nala is 25 meters in light of the order passed by the National Green Tribunal (‘the NGT’ for short) in O.A.No.222/2014.
2. Learned counsel for the petitioner states that by virtue of directions of the NGT dated 04.05.2016 and 07.05.2015 being set aside by the Apex Court in Civil Appeal No.5016/2016, the buffer zone as regards tertiary nala is to be maintained as per the prevailing notification as was in force prior to the order of the NGT. The extent of buffer zone that is required to be maintained as regards tertiary nala as per the revised master plan is 15 meters. The said aspect is not in dispute.
3. In light of the directions of the NGT passed in Forward Foundation and others vs. State of Karnataka and others in O.A.No.222/2014 being set aside by the Apex Court, the endorsement at Annexure-A is also being set aside by virtue of which the respondent had rejected to consider the grant of occupancy certificate with respect to Phase-1 (South Side III Block) Residential Complex of the petitioner. Accordingly, Annexure-A is set aside. The matter is remanded for fresh consideration by the respondent- BBMP. The respondent-BBMP to consider the request of the petitioner and such consideration would be completed within a period of 30 days from the date of release of this order. The application for issuance of occupancy certificate would be disposed of keeping in mind the requirements as per Section 310 of the Karnataka Municipal Corporations Act, 1976, Regulation 5.6 of the BBMP Building by laws 2003 and required compliance as required under the Revised Master Plan 2005 and other requirements as per law as may be applicable. For effective consideration of the petitioner’s application by BBMP, the petitioner is required to furnish the documents, No Objection Certificate/clearances from statutory authorities as may be required in law.
Accordingly, the petition is disposed of subject to the above observations.
Sd/-
JUDGE KA/-