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2013 Supreme(Kar) 158

ANAND BYRAREDDY
Sobha Developers Limited – Appellant
Versus
State of Karnataka Represented by its Secretary – Respondent


Advocates Appeared:
For the Petitioners:Madhusudhana R. Naik, Senior Advocate for Venkatesh P. Dalwai, Advocate.
For the Respondents:R1, K. Krishna, Additional Government Advocate, R2, V.B. Shiva Kumar, R3 to R5, P.S. Rajagopal, Senior Advocate for Madhukar Deshpande, Advocates.

JUDGMENT

The facts of the case are as follows:

The petitioners are engaged in the business of Real Estate Development and have jointly preferred these writ petitions raising several common questions of law.

The petitioners have furnished details of their unquestionable presence in the business and their track record. The petitioners claim that during the period 2006 to 2010, they had developed five residential group housing projects namely, a) Sobha Althea & Azalea, b) Sobha Adamus & Amethyst, c) Sobha Chrysanthemum and d) Sobha Ruby & Ruby Platinum, and had developed a layout project, namely, e) Sobha Lotus. This was as per the plans sanctioned by the second respondent, the Bangalore Development Authority.

It is stated that after such sanction of plans, as required under law the petitioners had executed Relinquishment deeds in respect of civic amenity sites, open spaces and park areas in respect of the above projects as per the sanctioned plan, in favour of the second respondent. The second respondent is the Planning Authority under the Karnataka Town and Country Planning Act, 1961 (hereinafter referred to as 'the KTCP Act' for brevity). In terms of Section 67 of the Bangalore Deve






































































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