IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2019 BEFORE THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV WRIT PETITION Nos.26607/2018 & 26608/2018 (LB-BMP) BETWEEN:
SRI C.S.HARIKUMAR S/O LATE SRI C SARANGAPANI AGED ABOUT 64 YEARS R/AT NO.91/4, DEVAKI NIVAS ANANDAVAN ESTATE NAGASANDRA POST, TUMKUR ROAD BANGALORE-560 073 … PETITIONER (BY SRI. S. SUBRAMANYA, ADVOCATE FOR UPASANA ASSOCIATES) AND:
1. THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE CORPORATION CIRCLE BANGALORE-560 001 2. THE ASSISTANT REVENUE OFFICER BRUHATH BANGALORE MAHANAGARA PALIKE DASARAHALLI SUB-DIVISION BAGALAGUNTE-HESARAGHATTA ROAD BANGALORE-560 073. … RESPONDENTS (BY SRI. AMIT DESHPANDE, ADVOCATE) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE OF THE RESPONDENTS AT ANNEXURE-D AND THE FINAL NOTICE DATED:24.07.2014 AT ANNEXURE-E AND ETC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner who is stated to be the owner of certain properties situated at Bagalagunte Village, Ward No.14, Dasarahalli Sub-Division, Bengaluru states that he is the owner of the property in Survey Nos.92/1, 92/2, 93/2, 93/3, 94/1. It is also stated that the petitioner is the owner of Survey No.91/4 with respect to an extent of 1 acre 10 guntas and property in Survey No.90/1 to 90/4 measuring an extent of 5 acres 8 guntas. Petitioner states that with respect to an extent of 9 acres 2 guntas situated in survey Nos. 92/1,92/2, 93/2, 93/3 and 94/1, previously betterment charges has been paid amounting to Rs.1,46,62,000/- on 06.07.2011 and an additional amount of Rs.3,20,000/-. Petitioner states that the circular dated 28.09.2012 provided for payment of betterment charges at Rs.550/- sq. mtr. It is further noticed that by virtue of an order passed in W.P No.40/2013, the circular dated 28.09.2012 has been quashed and subsequent to which a fresh circular dated 01.07.2014 has been passed by the respondent-Bruhat Bengaluru Mahanagara Palike (BBMP) according to which the betterment charges that is leviable is at the rate of Rs.250/- sq mtr.
2. Petitioner states that in view of his having paid betterment charges already at the rate of Rs.550 per sq mtr with respect to Survey Nos. 92/1, 92/2, 93/2, 93/3 and 94/1, he had made representations pointing out the fresh circular of 01.07.2014 and had sought for an adjustment of the excess paid, to the amount due with respect of the applications submitted by him as regards the proposed development in Survey Nos.90/1 to 90/4 and 91/4.
3. Upon notice, counsel for the respondent-BBMP Sri Amith Deshpande states that the representations made by the petitioner will be considered taking note of the facts as made out in the representations and in the light of the circular dated 01.07.2014.
4. Taking note of the above submissions, the respondent-BBMP is to consider the representations of the petitioner at Annexures H and J and to take a decision after affording an opportunity of personal hearing to the petitioner in accordance with law, within a period not later than eight weeks from today. In view of the same notices issued by the respondent-BBMP at Annexures D and E are kept in abeyance. No precipitative action will be taken pursuant to the said notices, in view of direction to consider the representations of the petitioner and to pass necessary orders. It is also made clear that if, upon consideration of the representations of the petitioner and after necessary adjustment, it is found that the amount is due from the petitioner, the petitioner would make good the said demand within a period of six weeks of the respondent-BBMP calling upon him to make additional payment. Needless to state that, if it is found that the petitioner is not in due of any amount and the respondent-BBMP has with it the funds of the petitioner in excess, same shall be refunded to the petitioner.
5. The petitioner to appear before the Commissioner-BBMP to avail of the opportunity of personal hearing on 15.05.2019 at 3.00 p.m.
Accordingly, petitions stand disposed of.
Sd/- JUDGE BRN