IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION Nos.4471-4472/2018 (LB- RES) Between:
1. M/s. Lupin Ventures Pvt. Ltd., No.3367-K, 13th Main, HAL 2nd Stage, Indiranagar, Bangalore – 560 008 Represented by its Authorized Signatory Mrs. Kantha Gupta.
2. Mr. Amarchand, Aged about 74 years, S/o Bishan Das, Residing at Flat No.003, Elgin Apartments, Richmond Town, Hosur Main Road, Bangalore – 560 068. … Petitioners (By Sri Veeresh R. Budihal, advocate a/w Sri Bharath S.M., Advocate) And:
1. Bruhath Bengaluru Mahanagara Palike, NR Square, Hudson Circle, Bangalore – 560 002 Represented by its Commissioner.
2. Assistant Director of Town Planning, Bruhath Bengaluru Mahanagara Palike, Mahadevapura Zone, Bangalore – 560 048. … Respondents (By Sri S.N. Prashanth Chandra, Advocate for R1 & R2) These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India, praying to direct respondent – BBMP to issue the occupancy certificate as per law in favour of P-2 with respect of schedule property and etc.
These Writ Petitions coming on for preliminary hearing in ‘B’ Group this day, the Court made the following:
ORDER The petitioners have sought for issuance of writ of mandamus to direct the respondents–Bruhat Bengaluru Mahanagara Palike (BBMP) to issue Occupancy Certificate with respect to the schedule property. It is noticed that there was an endorsement at Annexure-K dated 02.11.2017 whereby the respondent-BBMP has declined to consider the request of petitioners for approval of sanction plan and issuance of Occupancy Certificate on the ground that National Green Tribunal (N.G.T.) has considered the matter relating to buffer zone to be maintained around lakes and Rajakaluves.
2. The directions issued by N.G.T. were challenged before the Apex Court in Civil Appeal No.5016/2016 and connected petitions and the Apex Court, by order dated 05.03.2019 has set aside the orders of N.G.T. dated 07.05.2015 and 04.05.2016.
3. In light of setting aside of the orders of N.G.T. by the Apex Court, the endorsement at Annexure-K is not sustainable. The application for grant of sanction plan and issuance of Occupancy Certificate, which are pending are required to be considered and disposed off 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.
4. For effective consideration of petitioners’ applications by BBMP within the time stipulated, the petitioners are required to furnish documents, No Objection Certificates/clearances from statutory Authorities, as may be required in law.
These petitions are accordingly disposed of.
Sd/- JUDGE VGR