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 WRIT PETITION Nos.55931-55932/2017 (LB-BMP) Between:
M/s. Sumadhura Infracon Pvt. Ltd., A company registered under the Companies Act 1956, No.43, CKB Plaza, 2nd Floor, Varthur Main Road, Marathahalli, Bengaluru – 560 037. Represented by its Managing Director Mr. Madhusudhan.G S/o. Late Sattaiah, Aged about 47 years. ... Petitioner (By Sri. K.Shashi Kiran Shetty, Senior Counsel for Smt.Anuparna Bordoloi, Advocate) And:
1. The State of Karnataka, Represented by its Chief Secretary, Vidhana Soudha, Bengaluru – 560 001.
2. The Commissioner, Bruhat Bangalore Mahanagar Palike, N.R.Square, Bangalore – 560 002.
3. Joint Director of Town Planning, Bruhat Bangalore Mahanagar Palike, N.R.Square, Bangalore – 560 002.
... Respondents (By Sri. M.A.Subramani, HCGP for R1;
Sri. H.Devendrappa, Advocate for R2 & R3) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the endorsement dated 04.05.2017 issued by the respondent No.2 vide Annexure-A and etc.
These Writ Petitions coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:
ORDER The petitioner in these petitions has challenged the endorsement dated 04.05.2017 issued by the respondent – Bruhat Bengaluru Mahanagara Palike (‘BBMP’ for short) whereby, its application for grant of Occupancy Certificate was kept in abeyance, primarily in light of the order dated 04.05.2016 passed by the National Green Tribunal (‘N.G.T.’ for short) wherein, N.G.T. had passed certain directions in the case of Forward Foundation and Others v. State of Karnataka and Others (O.A.No.222/2014) relating to fixing of buffer zone as regards lakes and Rajakaluves. The endorsement also contains stipulations that, as certain documents and No Objection Certificates/clearances from statutory Authorities not having been provided, the application could not be considered.
2. The directions issued by N.G.T. came to be challenged before the Apex Court in Civil Appeal No.5016/2016 and connected matters, wherein the Apex Court has set aside the orders of N.G.T. dated 07.05.2015 and 04.05.2016.
3. In light of setting aside of the orders of N.G.T. by the Apex Court, the endorsement is not sustainable. The application for issue of Occupancy Certificate that is pending is required to be considered and disposed of keeping in mind the requirements as per Section 310 of the Karnataka Municipal Corporations Act, 1976 and Regulation 5.6 of the Bangalore Mahanagara Palike Building Bye-laws 2003, the required compliance with respect to revised Master Plan–2015 and other laws, as may be applicable. Said consideration to be completed within a period of 30 days from the date of release of this order.
4. For effective consideration of petitioner’s application by BBMP within the time stipulated, the petitioner is required to furnish documents, No Objection Certificates/clearances from statutory Authorities, as may be required in law.
These writ petitions are accordingly allowed, subject to the above observations.
Sd/- JUDGE SJK