IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.19113/2018 (LB-BMP) Between:
1. Sri Sridhar T.V., S/o Sri T.C.Vishwanath, Aged about 48 years, Residing at No.35, 2nd Main Road, Talacauvery Nagar, Vibhuthipur Post, Bengaluru – 560 075.
2. Sri Raghu T.V., S/o Sri T.C.Vishwanath, Aged about 43 years, Residing at No.35, 2nd Main Road, Talacauvery Nagar, Vibhuthipur Post, Bengaluru – 560 075. ... Petitioners (By Sri K.S.Mallikarjunaiah, Advocate) And:
1. The State of Karnataka, Urban Development Department, Vikasa Soudha, Bengaluru – 560 001.
Rept. by its Principal Secretary.
2. The Commissioner, Bruhath Bengaluru Mahanagara Palike, Hudson Circle, Bengaluru – 560 002.
3. The Commissioner, Bengaluru Development Authority, Sankey Road, Bengaluru – 560 020.
4. Talacauvery House Building Co-operative Society Ltd.®, No.3/3, Vamsh White Apartment, 2nd Floor, 3rd Cross, Nehru Nagar, Opposite to Sheshadripuram College, Bengaluru – 560 020, Rep. by its Secretary. ... Respondents (By Sri M.A. Subramani, HCGP for R-1; Sri Kempanna, Advocate for R-2;
Sri D.R. Ramachandran, Advocate for R-3; R-4 Served and Unrepresented) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct respondent No.2 to collect license fee and sanction plan approval and to issue license to construct the building in site No.35 in Talacauvery Layout, Veebhuthi Pura, Basavanagar, Bengaluru – 560 037. The representation dated 27.04.2018 vide Annexure-J, etc.
This Writ Petition coming on for preliminary hearing in ‘B’ Group, this day, the Court made the following:
O R D E R The petitioners state that they are owners of site bearing No.35, BBMP ‘A’ Khatha No.35/35, situated at Talacauvery House Building co-operative Society Ltd., Layout named Talacauvery Nagar, Vibhuthipura Village, Krishnarajapura Hobli, Bengaluru East Taluk.
2. The petitioners state that they possess Khatha certificate issued by the respondent – BBMP as regards the property in question and they have also paid betterment charges, a copy of which is produced at Annexure-C. the petitioners further state that as per Annexure-J, they have made a representation to the respondent-BBMP seeking issuance of building licence and till date, no decision has been taken on the said representation.
3. Learned counsel appearing on behalf of respondent – BBMP states that if the application is submitted in the prescribed form with relevant enclosures as required, the same would be considered in accordance with law.
4. Taking note of the said submission, the petition requires to be allowed. The petitioners are required to make out a fresh application in prescribed form for issuance of building licence and sanction plan.
The said application to be filed with the respondent – BBMP with relevant enclosures and documents as may be required by the respondent – authority.
The respondent – BBMP to consider the said representation and if in order, to pass suitable orders in accordance with law.
The consideration of the application by the BBMP is to be made within a period not later than three months from the date the petitioner submits application in prescribed form and if records submitted are in order.
The petition is disposed of accordingly.
Sd/- JUDGE RS/* ct:mhp