IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION Nos.32628-629/2019 (LB-RES) BETWEEN:
1. Smt.Veena.B.S Aged about 43 years, W/o Y.V.Balakrishna, R/at No.21/1, 9th Main Road, Jayalakshmipuram 5th Block, Mysuru – 570012.
2. Sri.Y.V.Balakrishna, Aged about 45 years, S/o Y.V.Venkatesh, R/at No.21/1, 9th Main Road, Jayalakshmipuram 5th Block, Mysuru – 570012.
(By Sri.B.S.Nagaraj, Advocate) AND:
1. The Commissioner, Mysore Urban Development Authority, Jhansi Laxmi Bai Road, Mysuru – 5710005.
2. The Commissioner, Mysore Mahanagara Palike, Sayyaji Rao Road, …Petitioners Agrahara, Chamrajpura, Mysuru – 5710005.
3. The Town Planning Officer, Department of Planning, Mysore Mahanagara Palike, Sayyaji Rao Road, Mysuru – 5710005.
4. The State of Karnataka, Represented by its Principal Secretary Department of Urban Development Authority, M.S.Building, Dr.Ambedkar Veedhi, Bengaluru – 560001.
...Respondents (By Sri.T.P.Vivekananda, Advocate for R1 Ms.Geethadevi.M.P, Advocate for R2 and R3 Smt.Prathima Honnapura, AGA for R4) These Writ Petitions are filed under Article 227 of the Constitution of India praying to direct the R-1 to consider the application dated 18.03.2019 and another application dated 29.06.2019, made by the petitioners herein, seeking NOC with regard to building license with respect to site No.17/1, Industrial Suburb, Vishweshwaranagara, 3rd Stage, Khille Mohalla, Mysore as per the application dated 24.12.2018 copies of the said applications are submitted at Annexure-A and A1 respectively.
These Petitions coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:
O R D E R The petitioners have filed writ seeking for issuance of writ of mandamus to direct respondent No.1 to consider the applications dated 18.03.2019 and 29.06.2019 seeking NOC with respect to obtaining of building license.
2. It is further pointed out that as per Annexure-M, Mysore City Corporation has sought for certain clarifications from the Commissioner, Urban Development Authority.
3. Taking note of the relevant facts and the proceedings, petitioners having realized that the change in land use ought to be obtained which would be a solution for grievance and has accordingly, filed an application dated 01.06.2019.
4. Learned counsel for the respondent –Mysore Urban Development Authority has filed a memo and produces copy of the application filed by the petitioners.
5. Taking note of the subsequent events of the applications filed by the petitioners, the relief ought to be moulded appropriately.
6. The petitioners are stated to be the auction purchasers of site bearing No.17/1 situated at Industrial Suburb, Vishweshwaranagara, 3rd stage, Khille Mohalla, Mysuru.
7. It is stated that the auction was conducted on 13.09.2017 and pursuant to the said auction proceedings in which the bid of the vendor of the petitioners was accepted, sale deed came to be executed on 28.04.2018 in favour of the vendor of the petitioners.
8. It is submitted that petitioners had purchased the property on 22.10.2018 however, in so far as the land use applicable to the property in question as there was some ambiguity, petitioners have subsequently made necessary application on 01.06.2019 under Section 14A of the Karnataka Town and Country Planning Act, 1961 and seeks for change in land use.
9. It is submitted that as the auction proceedings were conducted by the respondent – Mysore Urban Development Authority, the proceedings for change in land use ought to be concluded at the earlier to enable the petitioners to enjoy property over the site in question, with appropriate land use as may be available/permissible.
10. The learned counsel for respondent – Mysore Urban Development Authority submits that the application under Section 14A would be processed as per procedure in accordance with law expeditiously and that the said application has already been taken up for consideration.
11. It is further submitted that once the procedural formalities are completed matter would be referred to the Government in accordance with the statutory requirements.
12. Taking note of the said submission and noticing that the petitioners are the auction purchasers of property belonging to the Urban Development Authority it would be appropriate to dispose of the petition by directing the respondent – Urban Development Authority and the Government to complete the consideration of the application of the petitioners dated 01.06.2019 within the period of six months from today. Needless to state that the petitioners would co- operate by furnishing information and such other clarification as may be required for the purpose of disposal of the application filed under Section 14A of the Act.
Sd/- JUDGE NS