IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION Nos.559-560 OF 2019 (LB-RES) Between:
1. Ms.M.P.Priyanka, Aged about 26 years, Daughter of Sri.M.N.Priya Datta, Residing at No.6/67, 47th Cross, 8th Block, Jayanagar, Bengaluru – 560082.
2. Sri.M.P.Prakruth, Aged about 22 years, Son of Sri.M.N.Priya Datta, Residing at No.6/67, 47th Cross, 8th Block, Jayanagar, Bengaluru – 560082. ... Petitioners (By Sri.V.B.Shiva Kumar, Advocate) And:
1. State of Karnataka, Vidhana Soudha, Vidhana Veedhi, Bengaluru – 560001.
Represented by its Secretary.
2. Under Secretary to Government, Housing and Urban Development Dept., Vikas Soudha, Bengaluru – 560001.
3. Kanakapura Yojana Pradhikara, Khata No.469/CA, Sahakari Vasati Badavane, Agrahara New Colony, Tungani Post, Kanakapura, Kanakapura Taluk, Ramanagara District – 562117. Rep. by its member secretary.
4. The Member Secretary and Joint Director, Kanakapura Planning Authority, Kanakapura, Ramanagar District – 562117.
5. The Deputy Director, Kanakapura Planning Authority, Kanakapura, Ramnagar District – 562117.
6. The Assistant Director, Kanakapura Planning Authority, Kanakapura, Ramnagara District – 562117.
7. The Commissioner, B.M.R.D.A.(S.T.R.R.), No.1,Ali Asker Road, Bengaluru – 560052.
8. The Member Secretary and Joint Director, B.M.R.D.A.(S.T.R.R.), No.1,Ali Asker Road, Bengaluru – 560052. ...Respondents (By Smt.M.S.Prathima, AGA for R1 and R2 Notice to R3 served and unrepresented.
Sri.Yogesh.D.Naik, Advocate for R4 to R8) These Writ Petitions are filed under Articles 226 & 227 of the Constitution of India praying to direct the respondent authorities to immediately issue the statutory permission for change of land use for residential purpose (Yellow Zone) in terms of the master plan of the Kanakapura Town Municipal Council.
These petitions coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:
ORDER R.DEVDAS J., (ORAL):
The petitioners claim to be the absolute owners of two items of the property in Sy.No.141 and Sy.No.140/3 of Doddamudavadi Village, Harohalli Hobli, Kanakapura Taluk, Bengaluru District. The petitioners submits that the property in question is within the urban agglomeration and the petitioners intend to develop the property for better utilization. The grievance of the petitioners is that in the Comprehensive Development Plan the property in question has been retained as agricultural land and therefore, the petitioners made a representation dated 20.02.2018 to the respondent – BMRDA seeking change of land use from agricultural to residential purpose. However the respondents have not acted upon the representation given by the petitioners.
2. The learned counsel for the respondent – BMRDA submits that respondent No.8 the member secretary and joint director of BMRDA (S.T.R.R) had issued an endorsement dated 28.02.2019 to the petitioners calling for certain information and documents. The petitioners herein have furnished the required information along with a communication dated 08.03.2019 to respondent No.8. The learned counsel for the respondent – BMRDA submits that in view of the code of conduct in place, on account of the ensuing parliamentary elections, the authority would consider and pass orders immediately after the code of conduct is recalled from operation. Recording the said submission of the learned counsel for BMRDA, this petition is disposed of directing the respondent – BMRDA to consider the representation of the petitioners and pass orders with respect to change of land use, as expeditiously as possible and in any event on or before 28.06.2019. The petition is accordingly disposed of.
Sd/- JUDGE NS