IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.11181/2018 (LB – BMP) Between:
Krishna E Campus Private Limited, A company registered under the Companies Act 1956, Having office at, Krishna E Campus Private Limited, # 344, RMV II Stage, 2nd Block, 1st Cross, RMV extension, Bengaluru, Karnataka – 560 094. Represented by its Managing Director Ramesh Bulchandani S/o. Shyam Kishinchand Bulchandani, Aged about 59 years. ... Petitioner (By Sri. Shashi Kiran Shetty.K, Senior Advocate for Smt. Anuparna Bordoloi, Advocate) And:
1. The State of Karnataka, Represented by its Chief Secretary, Vidhana Soudha, Bengaluru – 560 001.
2. The Commissioner, Bruhat Bangalore Mahanagar Palike, N.R.Square, Bengaluru – 560 002.
3. Assistant Director Town Planning, Bruhat Bangalore Mahanagar Palike, N.R.Square, Bangalore – 560 002. ... Respondents (By Sri. M.A.Subramani, HCGP for R1;
Sri. Sreenidhi.V, Advocate for R2 and R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondent Nos.2 and 3 to issue modified plan in favour of the petitioners with respect to the petition schedule property in pursuant to the petitioners application dated 21.08.2015 for modified plan strictly in terms of Sections 303 and 304 of Karnataka Municipal Corporation Act read with Clause 414 of Building Bye Laws 2003 ( Annexure – A) and etc.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:
ORDER The petitioner has sought for issuance of writ in the nature of mandamus to direct respondent Nos.2 and 3 to issue modified plan to the petitioner with respect to the petitioner’s schedule property pursuant to its application dated 21.08.2015 which is enclosed at Annexure-A.
2. The petitioner states that its application was kept pending, in light of the directions passed by the National Green Tribunal (‘N.G.T.’ for short) in the case of Forward Foundation and Others v. State of Karnataka and Others (O.A.No.222/2014).
3. It is now submitted that the said directions of the N.G.T. have been set aside by 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.
4. In light of the order passed in Civil Appeal No.5016/2016, the learned counsel for respondent Nos.2 and 3 states that the application of the petitioner at Annexure-A dated 21.08.2015 will be considered in accordance with law.
5. Accordingly, respondent Nos.2 and 3 are directed to consider the application of the petitioner at Annexure-A dated 21.08.2015 in terms of Section 303 of the Karnataka Municipal Corporations Act, 1976 read with Clause 4.1.4 of the Bangalore Mahanagara Palike Building Bye-Laws, 2003 and in accordance with law. The said consideration is to be done by respondent Nos.2 and 3 within a period of four weeks from the date of release of the order, subject to the petitioner furnishing documents as may be required for the purpose of effective consideration of the application at Annexure-A dated 21.08.2015.
Subject to the above observations, this petition is disposed of.
Sd/- JUDGE SJK