IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION Nos.554-556/2019(LB-RES) AND WRIT PETITION Nos.968-977/2019 BETWEEN:
1. SRI M N PRIYA DATTA AGED ABOUT 54 YEARS S/O LATE M NARAYAN DAS RESIDING AT NO 6/67 47TH CROSS, 8TH BLOCK JAYANAGAR, BENGALURU - 560082 2. MS M P PRIYANKA D/O SRI M N PRIYA DATTA AGED ABOUT 25 YEARS RESIDING AT NO 6/67 47TH CROSS, 8TH BLOCK JAYANAGAR, BENGALURU - 560082 3. SRI M P PRAKRUTH S/O SRI M N PRIYA DATTA AGED ABOUT 22 YEARS RESIDING AT NO 6/67 47TH CROSS, 8TH BLOCK JAYANAGAR, BENGALURU - 560082 ... PETITIONERS (BY SRI.V.B.SHIVA KUMAR, ADV.) 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 PLANNING AUTHOIRTY KHATA NO 469/CA SAHAKARI VASATI BADAVANE AGRAHARA NEW COLONY TUNGANI POST, KANAKAPURA KANAKAPURA TALUK RAMANAGARA DISTRICT - 562117 4. THE MEMBER SECRETARY AND JOINT DIRECTOR KANKAPURA PLANNING AUTHORITY KANAKAPURA , RAMANAGARA DISTRICT - 562117 5. THE DEPUTY DIRECTOR KANKAPURA PLANNING AUTHORITY KANAKAPURA RAMANAGARA DISTRICT - 562117 KANAKAPURA TOWN MUNICIPAL COUNCIL KANAKAPURA TOWN KANAKAPURA -562117 6. THE ASSISTANT DIRECTOR KANKAPURA PLANNING AUTHORITY KANAKAPURA , RAMANAGARA 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 ) ,PLANNING AUTHORITY NO 1, ALI ASKER ROAD, BENGALURU - 560052 ... RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA.FOR R1-R2, SRI.YOGESH D.NAIK, ADV. FOR R3 TO R8) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT KARNAKAPURA PLANNING AUTHORITY TO ISSUE ALL PERMISSIONS FOR CHANGE OF LAND USE IN RESPECT OF THE SCHDULE IMMOVABLE PROPERTIES & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In these petitions, the petitioners are seeking direction to the Kanakapura Planning Authority to issue all permissions for change of land use in respect of the schedule immovable properties.
2. Petitioners are the owners of the land measuring 14 acres 21 guntas situated in Gabbaadi Village, Harohalli Hobli, Kanakapura Taluk, Ramanagara District. The petitioners have filed an application for change of land use from the present existing agriculture to usage as industrial or residential purpose. The application is submitted to the respondent Nos.3 to 8. Permission is required to be sanctioned by respondent Nos.3 to 8 under Section 14A of the Karnataka Town and Country Planning Act. Since the application is not considered, the petitioners are before this Court.
3. Heard the learned counsel for the parties.
4. It is not in dispute that the petitioners have given representation on 1.2.2018 vide Annexures-E and F. Since the respondents have not considered the representations submitted by the petitioners, it would suffice if a direction is given to the respondents to consider the representations.
5. Therefore, without expressing any opinion on the merits of the case, respondent Nos.3 to 6 are directed to consider the representations dated 1.2.2018 submitted by the petitioners vide Annexures-E and F.
6. If the respondent Nos.3 to 6 require any documents or any information from the petitioners, they shall call upon the petitioners to submit the same. Thereafter, the respondent Nos.3 to 6 shall take a decision in accordance with law within four weeks from the date of petitioners furnishing all relevant documents.
7. With the above observation, the petitions are disposed of.
Sd/- JUDGE DM