IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR WRIT PETITION NO.18397/2018 (LB BMP) BETWEEN M/S SOORYA PROPERTIES FLAT NO.402, SREEJA RESIDENCY APARTMENT, 8TH CROSS, BELLANDUR VILLAGE, BENGALURU-560 037 REP. BY ITS MANAGING PARTNER M.SHYAM SUNDAR, S/O GURUNADHAM AGED ABOUT 45 YEARS.
(BY SRI AJIT KALYAN, ADV.) ... PETITIONER AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY VIDHANA SOUDHA, BENGALURU-560001.
2. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU-560 002.
3. JOINT DIRECTOR OF TOWN PLANNING BRUHAT BENGALURU MAHANAGAR PALIKE, N.R.SQUARE, BENGALURU-560 002.
... RESPONDENTS (BY SRI T.L.KIRAN KUMAR, AGA FOR R1, SRI D.R.ANANDEESWAR, ADV. FOR R2 & R3.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS FOR CONSIDERING THE REPRESENTATION OF THE PETITIONER DTD:10.2.2018 VIDE ANNEX-L.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned counsel for respondent Nos.2 and 3 and the learned High Court Govt. Pleader.
2. The petitioner is before this court being aggrieved by the endorsement dated 28.02.2018 whereby the respondent Nos.2 and 3 were pleased to reject the petitioner’s request for issuance of occupancy certificate vide Annexure-L dated 10.01.2017. The respondents while rejecting the request of the petitioner vide Annexure-L have been pleased to place reliance on the ruling of the National Green Tribunal passed in Original Application No.222 of 2014 in the case of Forward Foundation & Ors. vs. State of Karnataka & Ors. whereby, the National Green Tribunal was pleased to stipulate certain areas as buffer zone. A copy of the order by the National Green Tribunal is placed before the court and the learned counsel for the petitioner also places a copy of the order passed by the Hon’ble Apex Court passed in Civil Appeal No.5016/2016 and other connected Civil Appeals which came to be ordered by the Hon’ble Apex Court on 05.03.2019 whereby the Hon’ble Apex Court has been pleased to set-aside the said directions issued by the National Green Tribunal except in so far as it relates to respondent Nos.9 & 10 before the National Green Tribunal that is one Mantri Techzone Private Limited and Coremind Software Zone. In that view of the matter, the petitioner prays that the writ petition be allowed and respondents be directed to consider the request of the petitioner vide Annexure-L for issuance of occupancy certificate.
3. Per contra, learned counsel for respondent Nos.2 and 3 would submit that the application vide Annexure-L is filed in a manner which is impermissible under the statute and that the petitioner was required to file an application in a specified format as specified under Section 310 of The Karnataka Municipal Corporations Act, 1976 (for short ‘the Act’) and the said application also requires to be accompanied by a certificate issued by the architect certifying the construction. In the absence of the application being made in the prescribed format and accompanied by the certificates as mandated under Section 310 of the Act, the demand/representation of the petitioner for issuance of occupancy certificate cannot be considered.
4. The submission made on behalf of respondent Nos.2 and 3 by the learned counsel for respondent Nos.2 and 3 merits consideration. Section 310 of The Karnataka Municipal Corporations Act, 1976 reads as under.
310. Completion certificate and permission to occupy or use.- (1) Every person shall, within one month after the completion of the erection of a building or the execution of any such work, deliver or send or cause to be delivered or sent to the Commissioner at his office notice in writing of such completion, accompanied by a certificate in the form prescribed in the bye-laws signed and subscribed in the manner prescribed and shall give to the Commissioner all necessary facilities for the inspection of such buildings or of such work and shall apply for permission to occupy the building.
[(1A) Notwithstanding anything contained in sub- section (1), where permission is granted to any person for erection of a building having more than one floor, such person shall, within one month after completion of execution of any of the floors of such building, deliver or send or cause to be delivered or sent to the Commissioner at his office, a notice in writing of such completion accompanied by a certificate in the form prescribed in the bye-laws, signed and subscribed in the manner prescribed and shall give to the Commissioner all necessary facilities for inspection of such floor of the building and may apply for permission to occupy such floor of the building.] (2) No person shall occupy or permit to be occupied any such building, [or part of the building] or use or permit to be used the building or part thereof affected by any work, until,-
(a) permission has been received from the Commissioner in this behalf; or (b) The Commissioner has failed for [thirty] days after receipt of the notice of completion to intimate his refusal of the said permission.”
5. A bare reading of the above provision would fairly obviate any discussion on the contention raised by the learned counsel for the respondents. The learned counsel for the respondents would submit that the petitioner could make an application in the prescribed format and should also furnish the required certificates, the same would be considered in accordance with law.
6. The submissions of the learned counsel is placed on record.
7. In that view of the matter, the impugned Annexure-K stands quashed. Matter is remitted back to the respondents for consideration afresh subject to the petitioner submitting an application in the prescribed format and the application shall be accompanied by the certificates as mandated under Section 310 of the Act. If such an application is made, the same would be considered and disposed off strictly in accordance with law within four weeks from the date of receipt of the application.
The writ petition stands disposed off in the above terms.
Costs made easy.
Chs* CT-HR Sd/- JUDGE