IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER 2017 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NOS.36815 & 37464 OF 2017 (BDA) BETWEEN:
1. Smt.Vinutha Muralidhar W/o late B.R.Muralidhar Aged about 58 years R/at No.735, 9th Cross, 5th Main M.C.Layout, Vijaynagar Bangalore – 560 040 2. Sri.C.Sampangaiah S/o late Chikkana Aged about 51 years R/at No.52, 2nd Cross, 4th Main Adithyanagar, Near Kottanur Village Kanikaparameshwari Temple Road J.P.Nagar 8th Phase Bangalore – 560 062.
(By Sri.Nandish Patil, Advocate) AND:
The Commissioner Bangalore Development Authority T.Chowdaiah Road Bangalore – 560 020.
((By Sri.Bipin Hegde, Advocate) ... PETITIONERS …RESPONDENT These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct the respondent to consider the representations dated 4.2.2016 vide Annexure-G & G1 for collecting betterment tax at the rate of Rs.99/- from the petitioners other than the amount deposited by the petitioners.
These Writ Petitions coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER The petitioner Nos.1 and 2, who are the owners of site Nos.6 and 10 formed in Sy.Nos.73/1-A and 73/1-B situated at Vajarahalli Village, Uttarhalli Hobli, Bangalore South Taluk measuring 40’ x 30’ feet and 20’ x 30’ feet respectively, are before this Court for a writ of mandamus to direct the Bangalore Development Authority to consider the representations dated 04.02.2016 vide Annexures-G and G1 of the petitioners for collecting betterment tax @ Rs.99/- per sq. ft. in terms of the resolution passed by the Bangalore Development Authority in the interest of justice and equity.
2. It is the case of the petitioners that they are the owners of respective sites stated supra. In pursuance of the meeting held by the Bangalore Development Authority for fixation of betterment tax, they passed the resolution fixing the betterment tax at Rs.99/- per sq. ft. In response to the said resolution, the adjacent owners have paid the betterment charges and the Bangalore Development Authority was pleased to issue endorsement for the same, accepting the ownership after payment of bettermentship. In response to the same, the petitioners made the representations as per Annexures-G and G1 dated 04.02.2016 to accepts the betterment tax of their sites belonging to them.
3. Inspite of the representations submitted by the petitioners, the respondent has not considered the same. Therefore, the petitioners are before this Court for a writ of mandamus to direct the respondent to consider the representations of the petitioners and pass orders in accordance with law.
4. I have heard the learned counsel for the parties to the lis.
5. Sri.Nandish Patil, learned counsel for the petitioners reiterating the grounds urged in the Writ Petitions has contended that it is the duty of the respondent-Bangalore Development Authority to consider the representations vide Annexure-G and G1 of the petitioners for payment of betterment tax, since the respondent has already accepted the betterment tax of adjacent owners of the petitioners.
6. Sri.Bipin Hegde, learned counsel for the respondent fairly submits that the Bangalore Development Authority has already passed the resolution fixing the betterment tax at Rs.99/- per sq. ft. and the representations submitted by the petitioners will be considered and suitable orders will be passed within three months in accordance with law.
7. The said fair submission is placed on record.
8. In view of the aforesaid reasons, the Writ Petitions are allowed. A writ of mandamus is issued to the respondent – Bangalore Development Authority to consider the representation dated 04.02.2017 vide Annexures-G and G1 filed by the petitioners for collection of betterment tax @ Rs.99/- per sq.ft. from the petitioners and pass orders in accordance with law within three months from the date of receipt of certified copy of this order.
Sd/- JUDGE Prs*