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 W.P.NOS.10309-10314/2019 (LB- BMP) BETWEEN:
1. M/s. Shah Bikes, Shop No.1A, Basement, Floor No.2, Narendra Chamber, No.860/2, WCR 2nd Stage, Opp: Dr. Modi Eye Hospital, Dr.M.C. Modi Road, Bengaluru – 560 086 Reptd. by its Partner Smt. Sneha A Shah.
2. M/s.Raibow Fashions, No.860/A, Dr.Modi Hospital Road, Rajajinagar 2nd Stage, Bengaluru – 560 086 Reptd, by its Partner Sri.Ashish.
3. Sri.M.Harish, S/o Sri.Mallanna, Aged about 27 years, Shop No.2A, First Floor, Narendra Chamber, No.860/A, WCR 2nd Stage, Opp: Dr. Modi Eye Hospital, Dr.M.C. Modi Road, Bengaluru – 560 086.
4. Sri.Umesha, S/o Babu Poojari, Aged about 35 years, No.548, 14th Main, 3rd Stage, Manjunatha Nagar, Bengaluru – 560 010.
5. Album World, Shop No.2A, Basement Floor No.2, Narendra Chamber, No.860/A WCR 2nd Stage, Opp: Dr. Modi Eye Hospital, Dr.M.C. Modi Road, Bengaluru – 560 086.
Reptd. by its Authorised Signatory Sri.Chanbrakanth Maratha.
6. M/s.Vennila Clothing Company, No.860/A, WCR 2nd Stage, Opp: Dr. Modi Eye Hospital, Dr.M.C. Modi Road, Bengaluru – 560 086 Reptd. by its Partner Sri.Santhosh.
…PETITIONERS (By Shri.Padmanabha Mahale, Senior Counsel For Shri. Sandesh C.R, Advocate) AND:
1. The Commissioner, Bruhat Bangalore Mahanagara Palike, N.R. Squre, Bengaluru – 560 002.
2. The Health Officer, Rajajinagar Sub-Division, Bruhat Bangalore Mahanagara Palike, Bengaluru – 560 010.
(By Shri.H.Devendrappa, Advocate) ..Respondents These writ petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash Annexures- F to F5 dated 25/02/2019 rejecting the application filed by the petitioners for grant of trade licence for carrying on the commercial business in their respective portion of the schedule property/premises etc.
These petitions coming on for orders this day, the Court made the following;
ORDER Petitioners have challenged notices at Annexures- F to F5 which have been issued stating that the owner of the building has obtained sanctioned plan for residential purposes, but without altering the same, the building is being utilised for commercial purposes. The said notice further observes that no trade licences have been obtained for running commercial enterprise.
2. As regards obtaining of trade licence, petitioner No.4 had approached this Court in W.P. No.50431/2018 which has been disposed of with appropriate directions. Similarly, petitioner No.1 had also approached this Court in W.P.No.50433/2018, petitioner No.2 had approached this Court in W.P.No.50433/2018, and petitioner No.3 had approached this Court in W.P.No.50434/2018. This Court disposed all those writ petitions directing the Bruhat Bengaluru Mahanagara Palike (‘ BBMP ’ for short) to consider their applications for trade licence and till then notices calling upon them to discontinue their activity was ordered to be kept in abeyance.
3. As regards the ground that the plan is for residential purposes and no modified plan as such has been obtained to run commercial activities, it is pointed out by the counsel for the petitioner that necessary plan for requisite purpose has been applied for on 05/03/2019 as per BBMP/Ad.Com/WST/0451/18-19.
4. It is the contention of the petitioners that as per the revised master plan, the premises in question is in a commercial zone and no separate sanction plan needs to be obtained to permit commercial activity. It is pointed out that in view of the submission that the plan for requisite purpose has been applied on 05/03/2019 in terms of the byelaw No. 3.2, the application will be considered, as the said byelaw would provide for consideration for alternation of plan as sought for in the present case. Accordingly, the plan submitted on 05/03/2019 would be considered in terms of byelaw No.3.2.
5. However, in light of the submissions of learned counsel for BBMP, application of the petitioners is directed to be considered and no further orders are required. Respondent-BBMP is directed to consider the application dated 05/03/2019 submitted by the petitioners seeking sanction of plan/alteration so as to permit carrying on commercial activity. The same shall be considered in accordance with law. Pending such consideration, notices at Annexures-F to F5 would be kept in abeyance.
6. Subject to the above directions, these petitions are disposed of.
Sd/- JUDGE Msu