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1991 Supreme(Kar) 522

Karnataka High Court
Bangalore Development Authority - Appellant
Versus
Vishwa Bharathi House Building Co-operative Society Ltd. - Respondent
Decided On : 11-27-91
W.A. : 1844 of 1990

Advocates:
H.K.Vasudeva Reddy, T.S.RAMACHANDRA RAO

The main legal point established in the judgment is the authority's power to ask for further information and documents before rejecting an application for sanction of a layout plan.

Headnote:

Sanction - Bangalore Development Authority - Bangalore Development Authority Act, 1976 - Section 32(2) - Karnataka Land Revenue Act, 1964 - Section 95 - Urban Land (Ceiling and Regulation) Act, 1976 - Section 20 - Karnataka town and Country Planning Act, 1961 - Section 14 - The court directed the Bangalore Development Authority to consider and dispose of the respondent's application for sanction of the layout plan within ninety days. The court discussed the necessity of conversion of agricultural land for non-agricultural purposes, the requirement of seeking exemption under the Urban Land Act, and the need for written permission of the Planning Authority for change in land use. The court also emphasized the authority's power to ask for further information and documents before rejecting an application.

Fact of the Case:

The Bangalore Development Authority rejected the respondent's application for sanction of a layout plan. The respondent sought relief in the writ petition, challenging the rejection and seeking various declarations and orders. The court allowed the writ petition and quashed the impugned order, directing the authority to consider and dispose of the application in accordance with the law.

Finding of the Court:

The court found that the rejection of the application by the Bangalore Development Authority was not sustainable in law. It held that no order of conversion under the Karnataka Land Revenue Act was necessary and that the Society need not seek exemption under the Urban Land Act. The court emphasized the authority's power to call for necessary documents and records before disposing of the application.

Issues: The issues raised included the sustainability of the rejection of the application, the necessity of conversion of agricultural land, and the requirement of seeking exemption under the Urban Land Act.

Ratio Decidendi: The court's decision was based on the interpretation of relevant legal provisions, including the Karnataka Land Revenue Act, the Urban Land Act, and the Karnataka town and Country Planning Act. It emphasized the authority's power to ask for further information and documents before rejecting an application.

Final Decision: The court dismissed the appeal and directed the Bangalore Development Authority to consider and dispose of the respondent's application for sanction of the layout plan within ninety days. Each party was ordered to bear their own costs.

HAKEEM, J.

( 1 ) THIS appeal by the Bangalore Development Authority is directed against the order of the learned Single Judge directing the appellant to consider and dispose of the respondent's application for sanction of the layout plan in accordance with law within ninety days of the receipt of the order.

( 2 ) BRIEF facts are as follows :the respondent is a Society registered under the Co-operative Societies Act. The Society along with the All Karnataka Young Writers and Artists Association, bangalore, preferred an application on 5/10th February, 1986 under Section 32 (2) of the Bangalore Development Authority Act, 1976 ('the B. D. A. Act') seeking approval for the formation of a residential layout in Sy. Nos. 26, 28, 29 and 30 of avalahalli village, Kengeri Hobli, Bangalore South Taluk, in accordance with the layout plan submitted with the application. That application was made in their capacity as the owners of the said land. By his communication dated 11th April, 1986 (Annexure-C) addressed to the Secretary of the All Karnataka Young Writers and Artists Association, the Commissioner, Bangalore Development Authority, rejected the application for the reasons set out therein. Aggrieved by the said communication, the Society had sought for the following reliefs in the writ petition :" (1) Issue a writ of certiorari or any other order to quash Annexure-C the order dated 11-4-1986 passed by the Commissioner, Bangalore Development authority, in No. BDA/tpm/40/1986-87; (2) Declare that no order of conversion under Section 95 of the Karnataka land Revenue Act is necessary in respect of Sy. Nos. 26, 28, 29 and 30 of avalahalli village, Uttarahalli Hobli, Bangalore South Taluk, Bangalore, for which the petitioner had made an application to the Bangalore development Authority, for approval of a layout under Section 32 of the Act; (3) Declare that no order of exemption under Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976, is necessary in respect of the aforesaid lands owned by the petitioner and held by it as owner on the data of the coming into force of the Act; (4) Issue a writ of mandamus directing the respondent to grant permission to the petitioner to form a layout in Sy. Nos. 26, 28, 29 and 30 of Avalahalli village, in accordance with law; (5) Pass such other order/orders as may be just and necessary in the circumstances of the case. "

( 3 ) THE Bangalore Development Authority, in its counter, raised various contentions. On the basis of the pleadings, the learned Judge raised the following point for consideration :"whether the impugned order under under Annexure-C rejecting the application of the petitioner is sustainable in law and whether failure to furnish necessary documents and records along with the application for grant of approval for the formation of layout without affording an opportunity to produce the same is in accordance with law. "on a consideration of the contentions urged by the parties, the learned Judge allowed the writ petition and quashed the impugned order under Annexure-C. He has held that in the facts and circumstances of the case, no order of conversion under Section 95 of the Karnataka Land Revenue Act, 1964 ('the L. R. Act') is necessary, and further, that, the Society need not seek exemption under Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976 ('the Land Ceiling Act' ). However, if any documents or further information was required from the Society, it was open for the Bangalore Development Authority to call for such documents and records and to proceed to dispose of the application for grant of approval of the layout in accordance with law.

( 4 ) SRI H. K. Vasudeva Reddy, learned counsel for the Bangalore Development Authority, raised the following contentions : (1) that, the land in question being an agricultural land, the Society could not have purchased the same subsequent to 1-3-1974 in view of the bar under section 79-B of the Karnataka Land Reforms Act, 1961 ('t










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