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2015 Supreme(Kar) 437

RAM MOHAN REDDY
ANNABEL BUILDERS DEVELOPERS PRIVATE LIMITED – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates Appeared:
For the Petitioner: Sri. UDAYAHOLLA, SENIOR COUNSEL A/W SRI. MAHESH A.S, ADV.,)
For the Respondent: Sri. S. LAKSHMINARAYANA, AGA FOR R1; SRI. K KRISHNA, ADV., FOR R2)

ORDER

The core short question for decision making is, “Whether Regulation 7.1(2) of the Regulations for Residential Development Plan under the Revised Master Plan 2015 empowers the respondent BDA to allot the ‘civic amenity’ site on lease and demand lease rentals, exercising jurisdiction under The Bangalore Development (Allotment of Civic Amenity Site) Rules, 1989 ?”

2. Petitioner No.1 sought to develop 26 acres 32.8 guntas of land in several survey numbers of Begur village for residential purpose invoking Chapter VII of Zoning of Land Use and Regulations providing for Revised Master Plan 2015, for short ‘RMP’, under The Karnataka Town and Country Planning Act, 1961, for short ‘KTCP Act’. The development plan Annexure-B, for group housing was accorded sanction by the respondent BDA under the Bangalore Development Authority Act, 1976, for short ‘BDA Act’, subject to certain conditions, amongst others, to provide a civic amenity site measuring approximately 5% of the total area put up for residential development. Regulation 7.1 reads thus:

“7.1 Regulation for Residential Development Plan:

1. xxxx

2. A minimum 5% of total plot area shall be provided for Civic amenities and the owner o






















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