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2020 Supreme(Kar) 248

S.SUNIL DUTT YADAV
Royal Placid Residents Welfare Association – Appellant
Versus
Commissioner, Bengaluru Development Authority And Others – Respondent


Advocates Appeared:
Sri Vivek Reddy, Senior Counsel for Sri Subba Reddy K.N., Advocate, for the Appellant in W.P. No.35340/2017 (LB-BMP); Sri. K. Shashi Kiran Shetty, Sr. Counsel for Sri. Muralidhara. C, Advocate, for the Appellant in W.P. No.40219/2016 (LB-BMP); Sri I.G. Gachchinamath, Advocate, for the Respondent No. 1 in W.P. No.35340/2017 (LB-BMP); Sri. K. Krishna, Advocate, for the Respondent No. 3 in W.P. No.40219/2016 (LB-BMP); Sri K. Shashikiran Shetty, Senior Counsel for Sri Muralidhara C., Advocate, for the Respondent No. 4 in W.P. No.35340/2017 (LB-BMP); Sri. K. N. Puttegowda, Advocate, for the Respondent Nos. 1 & 2 in W.P. No.40219/2016 (LB-BMP); Sri K.N. Puttegowda, Advocate, for the Respondent Nos. 2 & 3 in W.P. No.35340/2017 (LB-BMP)

JUDGMENT

1. W.P.No.35340/2017 has been filed by M/s. Royal Placid Residents Welfare Association seeking for issuance of writ in the nature of certiorari to quash the order dated 15.11.2014 at Annexure-A passed by the Joint Commissioner, BBMP, wherein the request of the petitioner to declare the 'road' under the high-tension line running through M/s. Sobha Daffodil Condominium to be a public road came to be rejected with an observation that if necessity exists for formation of road as found in the Master Plan, necessary steps could be taken for formation of the said road.

2. W.P.No.40219/2016 has been filed by M/s. Sobha Daffodil Condominium, whereby the petitioner has sought for issuance of writ of certiorari to quash the letter dated 10.06.2016 stated to be issued by the respondent no.3 (Bangalore Development Authority) vide Annexure-A1, wherein there is a direction to remove the compound wall stated to have been constructed across the alleged access road.

3. M/s. Royal Placid Residents Welfare Association has contended that as per the sanctioned plan of M/s. Sobha Daffodil Condominium, produced on 09.10.2019 by the learned counsel for BDA, the access road has been shown at two end

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