IN THE HIGH COURT OF KARNATAKA AT BANGALORE
D.H. Waghela, B.V. Nagarathna, JJ.
Century Central - Appellant
Vs.
State of Karnataka - Respondent
W.A. Nos. 6411-12/2013 (LB-BMP)
Decided On: 11.04.2014
B.V. Nagarathna, J.
1. These writ appeals arise out of the order dated 02/07/2013 passed by the learned Single Judge in W.P. Nos. 47552-47553/2012.
Factual Back ground:
2. Appellant herein had filed two sets of writ petitions namely, W.P. Nos. 47552-47553/2012 and W.P. Nos. 268-270/2013 in respect of land bearing Sy. Nos. 18 and 19 (BBMP New No. 234/19/3D) Kumudanapalya, Konankunte Village, Uttarahalli Hobli, Bangalore South Taluk, admeasuring about 11,507 sq. mtrs. (hereinafter referred to as "scheduled land" for the sake of convenience). By a common order, those writ petitions were disposed of.
3. In W.P. Nos. 47552-553/2012 approval granted by the third respondent-State Level Single Window Clearance Committee ('SLSWCC' for short) vide communication dated 12/09/2012 (Annexure "M") and consequently, communication dated 17/09/2012 (Annexure "N") and communication dated 08/10/2012 (Annexure "P") issued by the fourth respondent-Bruhat Bangalore Mahanagara Palike ('BBMP' for short) directing the appellant herein to stop further construction were assailed. The order of BBMP was quashed. It was observed that in case the petitioner constructed the building in contravention of building plan or in violation of building bye-laws or any other law, then BBMP was at liberty to act in accordance with law. Being aggrieved by the order passed in W.P. Nos. 47552-47553/2012, these writ appeals are filed.
4. In W.P. Nos. 268-270/2013, the appellant had assailed Notification dated 16/11/2012 issued under Sections 3(1), 1(3) and 28(1) of Karnataka Industrial Area Development Act, 1966 (hereinafter referred to as 'KIAD Act'). These writ petitions were disposed of by directing the appellant herein to file objections within two weeks from the date of that order before the Special Land Acquisition Officer ('SLAO') without waiting for any notice under sub-section (2) of Section 28 of the KIAD Act and to appear before the SLAO on 18/07/2013 at 3.00 p.m. Pursuant to the liberty granted by the learned Single Judge, the appellant filed its objections before the SLAO and an order has been passed under sub-section (3) of Section 28 of the KIAD Act. But no further steps have been taken subsequent thereto.
5. The appellant is the original petitioner, which is a registered partnership firm engaged in construction of both commercial as well as residential building in Bangalore. The scheduled land was purchased by the appellant under registered sale deeds dated 20/07/2007 and 12/10/2007. Both these lands got a common BBMP Khata number under an amalgamation order dated 25/10/2010 and a New No. 234/19/3D was assigned to the scheduled land. It is stated that Bangalore Development Authority ('BDA') had approved change of land use from industrial to residential purpose by order dated 28/04/2006 by accepting conversion charges of Rs. 2,16,750/-. The appellant intended to construct residential apartments on the scheduled lands and therefore, obtained necessary sanctions and permissions from various authorities including BBMP, who sanctioned the plan on 28/08/2012 to the appellant to construct residential Blocks-I and II comprising basement and ground, equal to 8/9 upper floors. Appellant thereafter commenced excavation work and extensively advertised in respect of its project.
6. Sixth respondent who is stated to be the Member of Legislative Assembly (MLA) representing Rajarajeshwari Constituency is running a school called 'RMS International School' through the fifth respondent-RMS Educational Trust (hereinafter referred to as "Educational Trust"). His wife Smt. Ratnamma is stated to be the Secretary of the Trust. Sixth respondent approached second respondent to sanction an extent of one Acre of land out of the scheduled land, but the request was declined by stating that they could approach the State Government seeking permission to purchase agricultural land under Section 109 of the Land Reforms Act. Thereafter, sixth respondent wrote to BBMP on 01/02/2012 not to app
Sri Ramachandrappa v. State of Karnataka and Others (2013 (1) KCCR 133 (DB))
P. Narayanappa & Anr. v. State of Karnataka & Ors. (AIR 2006 SCW 4132)
State of M.P. v. Nandalal Jaiswal (AIR 1987 SC 251)
C.S. Rowjee v. State of Andhra Prasad (AIR 1964 SC 962)
State of Punjab v. Gurdial Singh (AIR 1980 SC 319)
State of Bihar v. P.P. Sharma (AIR 1991 SC 1260)
Jaichand Lal Sethia v. State of West Bengal (AIR 1967 SC 483)
Shri Sitaram Sugar Co. Ltd. v. Union of India (AIR 1990 SC 1277)
Ahmedabad Municipal Corporation v. Nilaybhai R. Thakore and another (AIR 2000 SC 114)
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