IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV W.P. Nos.13950-13952/2018 [LB-BMP] C/W W.P. No.55918/2017, W.P. Nos.56188/2017 & 1367/2018, W.P. No.60/2018, W.P. No.62/2018, W.P. Nos.1603-1605/2018, W.P. Nos.1720/2018 & 2051-2054/2018, W.P. Nos.2116-2119/2018, W.P. No.4682/2018.
W.P. Nos.13950-13952/2018 Between:
1. M/s. Sakti Builders, A Partnership Firm, Having its office at:
# 208, Barton Centre, 84/1, M.G. Road, Bengaluru – 560 001, Represented by its Authorised Signatory, Umesh Chamria, S/o Late M.L. Chamria, Aged about 59 years.
2. M/s. Mangala Enterprises, A Parntership Firm Having its office at:
“White House”, 29, 3rd Floor, St. Marks Road, Bangalore – 560 001, Represented by its GPA Holder, M/s. Sakti Builders, Represented by its Authorised Signatory, Umesh Chamria, S/o Late M.L. Chamria, Aged about 59 years. … Petitioners (By Sri K. Shashi Kiran Shetty, Senior Advocate for Smt. Anuparna Bordoloi, Advocate for M/s. Shetty & Hegde Associates)
(By Sri Dinesh Rao N., Additional Advocate General a/w Sri M.A. Subramani, HCGP for R-1;
Sri H. Devendrappa, Advocate for M/s. H. Devendrappa & Associates for R-2 and R-3) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 10.01.2018 issued by the respondent No.3 (Annexure- A) and etc.
W.P. No.55918/2017 Between:
M/s. India Build Homes Pvt. Ltd., A Company registered under the Companies Act, 1956, No.849, 16th Main, 7th Cross, Koramangala 3rd Block, Bengaluru – 560 034, Represented by its Authorized Signatory, Mr. Santosh Kumar Soni, S/o Late Haricharan Soni, Aged about 41 years. … Petitioner (By Sri K. Shashi Kiran Shetty, Senior Advocate for Smt. Anuparna Bordoloi, Advocate for M/s. Shetty & Hegde Associates)
(By Sri Dinesh Rao N., Additional Advocate General a/w Sri M.A. Subramani, HCGP for R-1;
Sri H. Devendrappa, Advocate for M/s. H. Devendrappa & Associates for R-2 & R-3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the endorsement dated 4.9.2017 issued by the respondent No.2 vide Annexure-A and etc.
W.P. Nos.56188/2017 & 1367/2018, Between:
M/s. Shri Aruna Constructions Pvt. Ltd., A Company incorporated under the Companies Act, 1956, Having its registered office at No.372/373, 1st Floor, 15th ‘A’ Main, 80 Feet road, Yelahanka New Town, Bangalore – 560 064, Represented herein by its Managing Director, Mr. J. Venugopal Krishnam Raju. … Petitioner (By Sri Joseph Anthony, Advocate for M/s. JSM Law Partners) 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 Mahanagar Palike, N.R. Square, Bangalore – 560 002. … Respondents (By Sri Dinesh Rao N., Additional Advocate General a/w Sri M.A. Subramani, HCGP for R-1;
Sri H. Devendrappa, Advocate for M/s. H. Devendrappa & Associates for R-2 & R-3) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to directing the respondents to issue Occupancy Certificate in favour of the petitioners with respect to the petition schedule property pursuant to the petitioner’s application dated 29th August 2017 strictly in terms of Section 310 of the Karnataka Municipal Corporation Act, 1976 read with Clause 5.6.1 of building bye laws 2003 and plan sanction dated 31st January 2015 (Annexure-M) and etc.
W.P. No.60/2018 Between:
MVR Excel Stone Developers, A Partnership Firm registered under the Indian Partnership Act, 1932, No.100, 2nd Cross, Munireddy Layout, Panathur, Bangalore – 560 103, Represented by its Partner Mr. Venkata Reddy, S/o Pappaiah, Aged about 41 years. … Petitioner (By Sri K. Shashi Kiran Shetty, Senior Advocate for Smt. Anuparna Bordoloi, Advocate for M/s. Shetty & Hegde Associates) 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, Bangalore – 560 002, 3. Joint Director of Town Planning, Bruhat Bangalore Mahanagar Palike, N.R. Square, Bangalore – 560 002. … Respondents (By Sri Dinesh Rao N., Additional Advocate General a/w Sri M.A. Subramani, HCGP for R-1;
Sri H. Devendrappa, Advocate for M/s. H. Devendrappa & Associates for R-2 & R-3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 15.05.2017 issued by the respondent No.2 (Annexure-A) and etc.
W.P. No.62/2018 Between:
Excel Stone Developers Pvt. Ltd., A Company incorporated under Companies Act, 1956, Having registered office at Flat No.106, Butterfly, Mariappa Layout, Panathur, Bangalore – 560 103, Represented by its Managing Director, Sri Venkata Reddy S/o M. Papayya, Aged about 41 years. … Petitioner (By Sri K. Shashi Kiran Shetty, Senior Advocate for Smt. Anuparna Bordoloi, Advocate for M/s. Shetty & Hegde Associates) And:
1. The State of Karnataka, Department of Town and Country Planning Represented by its Chief Secretary, Vidhana Soudha, Bengaluru – 560 001.
2. The Commissioner, Bruhat Bangalore Mahanagar Palike, N.R. Square, Bangalore – 560 002.
3. Joint Director of Town Planning (North), Bruhat Bangalore Mahanagar Palike, N.R. Square, Bangalore – 560 002.
4. Additional Director (Town Planning), Bruhat Bangalore Mahanagar Palike, N.R. Square, Bangalore – 560 002. … Respondents (By Sri Dinesh Rao N., Additional Advocate General a/w Sri M.A. Subramani, HCGP for R-1;
Sri H. Devendrappa, Advocate for M/s. H. Devendrappa & Associates for R-2 to R-4) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the endorsement dated 23.08.2017 issued by the respondent No.3 to the petitioner (Annexure-A) and etc.
W.P. Nos.1603-1605/2018 Between:
M/s. Ferns Builders and Developers, A Partnership Firm registered under Indian Partnership Act, 1908, # 682, Tiara, Binnamangala 1st Stage, 9th A Main, Indiranagar, Bengaluru – 560 038, Represented by its Partner, Mr. Austin Roach, S/o Late P.A. Roach, Aged about 64 years. … Petitioner (By Sri K. Shashi Kiran Shetty, Senior Advocate for Smt. Anuparna Bordoloi, Advocate for M/s. Shetty & Hegde Associates)
(By Sri Dinesh Rao N., Additional Advocate General a/w Sri M.A. Subramani, HCGP for R-1;
Sri H. Devendrappa, Advocate for M/s. H. Devendrappa & Associates for R-2 to R-3) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the endorsement dated 24.07.2017 issued by respondent No.3 whereby the respondent have refused to issue Occupancy Certificate in favour of the petitioner so far as their Block 1 of the building is concerned at Annexure-A and to quash the endorsement dated 24.07.2017 issued by respondent No.3 whereby the respondent have refused to issue Commencement Certificate in favour of the petitioner so far as their Block 2 of the building is concerned at Annexure-B and etc.
W.P. No.1720/2018 & W.P.Nos.2051-2054/2018 Between:
M/s. Brigade Enterprises Ltd., A Company incorporated under the Companies Act, 1956, Having its registered office at:
Pent House, Brigade Towers, No.135, Brigade Road, Bengaluru – 560 025, Represented by its Deputy General Manager – Legal Officer, Authorised Signatory, Mr. Udaya Kumar A. … Petitioner (By Sri Zulfikir Kumar Shafi, Advocate) And:
1. The State of Karnataka, Urban Development Department, 4th Floor, Vikasa Soudha, Bengaluru – 560 001, Represented by its Secretary.
2. Bruhat Bengaluru Mahanagara Palike, N.R. Square, Bangalore – 560 002, Represented by its Commissioner.
3. The Joint Director, Town Planning (North), Bruhat Bengaluru Mahanagara Palike, BBMP Annex Building, N.R. Square, Bangalore – 560 002.
4. The Joint Commissioner, (Mahadevapura Range), Bruhat Bengaluru Mahanagara Palike, Bangalore – 560 047. … Respondents (By Sri Dinesh Rao N., Additional Advocate General a/w Sri M.A. Subramani, HCGP for R-1;
Sri Sreenidhi V., Advocate for M/s. Sreenidhi Law Chambers for R-2 to R-4) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to set aside the endorsement/demand notice dated 7.12.2017 at Annexure-A issued by respondent No.3 wherein they have not considered the issuance of Occupancy Certificate (partial) in respect of building-2 with wings H, I, J, K, L, M and N consisting of two basement + ground + 14 upper floors and building – 5 (club house) of residential building “Brigade Lakefront” at BBMP Katha No.161, Sy. No.27, 28, 29, 30 and 5C, Sonnenahalli Village, K.R.Puram Hobli, Bangalore East Taluk, BBMP Ward No.85, Mahadevapura Zone, Bengaluru and etc.
W.P. Nos.2116-2119/2018 Between:
R. Prabhakar, S/o Late A. Ramaraju, Aged about 60 years, Residing at No.721, 11th Main, 10th Cross, BML Layout, Thobrahalli, Bangalore – 66. … Petitioner (By Sri K. Shashi Kiran Shetty, Senior Advocate for Smt. Anuparna Bordoloi, Advocate for M/s. Shetty & Hegde Associates)
(By Sri Dinesh Rao N., Additional Advocate General a/w Sri M.A. Subramani, HCGP for R-1;
Sri H. Devendrappa, Advocate for M/s. H. Devendrappa & Associates for R-2 to R-3) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the endorsement dated 08.01.2018 issued by respondent No.3 whereby the respondent No.3 have refused to issue Occupancy Certificate in favour of the petitioner with respect to petition schedule property at Annexure-A and etc.
W.P. No.4682/2018 Between:
M/s. Panchjanya Builders and Developers, A Partnership Firm Registered under Indian Partnership Act, 1908, Represented by its GPA Holder M/s. S.K. Properties, Having Office at No.100, Annai Residency, 4th Main, Hoysala Nagar, Rammurthy Nagar, Bangalore – 560 043, Represented by its Managing Partner, Syed Humayun Khalid, S/o Syed Abdul Khalid, Aged about 42 years. … Petitioner (By Sri K. Shashi Kiran Shetty, Senior Advocate for Smt. Anuparna Bordoloi, Advocate for M/s. Shetty & Hegde Associates) 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, Bangalore – 560 002.
3. Assistant Director of Urban Planning, Bruhat Bangalore Mahanagar Palike, Bommanahalli Range, Bangalore – 560 008. … Respondents (By Sri Dinesh Rao N., Additional Advocate General a/w Sri M.A. Subramani, HCGP for R-1;
Sri V. Sreenidhi, Advocate for M/s. Sreenidhi Law Chambers for R-2 & R-3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the endorsement dated 29.01.2018 issued by the respondent No.3 whereby the respondent have refused to issue Occupancy Certificate in favour of the petitioner with respect to petition schedule property at Annexure-A and etc.
These Writ Petitions coming on for preliminary hearing in ‘B’ Group this day, the Court made the following:
ORDER The petitioners in all these matters have challenged the endorsements issued by the respondent – Bruhat Bengaluru Mahanagara Palike (‘BBMP’ for short) whereby, their applications for Occupancy Certificates were kept in abeyance, primarily in light of the order dated 04.05.2016 passed by the National Green Tribunal (‘N.G.T.’ for short) 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. In some of the matters, the endorsements also contained stipulations that, as certain documents and No Objection Certificates/clearances from statutory Authorities not having been provided, the applications could not be considered.
2. 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.
3. In light of setting aside of the orders of N.G.T. by the Apex Court, the endorsements are not sustainable. The applications for issue of Occupancy Certificate, which are pending are 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.
4. For effecting 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.
5. In view of disposal of the writ petitions, no orders are required to be passed on the pending interlocutory applications and the same are disposed of as having rendered redundant.
Sd/- JUDGE VGR