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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Hemant Chandangoudar, J.
Dr. Arun Kumar B C - Petitioner
Versus
State of Karnataka, Urban Development Department and Ors. – Respondents
Writ Petition No. 9408 OF 2020 (LB-BMP), 14095, 14975, 19736, 19737 OF 2021 (LB-BMP)
Decided On : 17-01-2022
Constitution of India, 1950 – Articles 226, 227 and 300A - Karnataka Town and Country Planning Act, 1961 - Section 17(3) - Zoning of Land Use and Regulations - Revised Master Plan 2015 - Regulations 7.1(5) and 7(2)(d) - Writ petition praying to issue direction declaring that impugned circular issued by r-2 is unconstitutional and in derogation of article 300-a of constitution of India, 1950 and consequently set aside same - Petitioner who intends to develop property for purpose of construction of hospital submitted an application with respondent - BBMP so as to sanction building plan - Respondent - BBMP issued an endorsement stating that application submitted by petitioner for sanctioning of building plan will be processed only upon petitioner surrendering property earmarked for purpose of widening of road in master plan free of cost.
Finding of the Court :
Extent of land sought to be developed for residential/commercial purposes is far less than extent of land specified in definition development plan - Regulations 7.1(5) and 7(2)(d) of Regulations 2015 are not applicable and cannot be invoked requiring petitioners to relinquish properties in question free of cost to respondent – BBMP - Impugned endorsements and circulars issued by BBMP is arbitrary and discriminatory since owners of properties earmarked as Road in Master Plan 2015 and who have not applied for sanctioning of building plan for developing their properties will be entitled for compensation under Section 71 of KT & CP Act, if said properties are acquired for implementing Master Plan - Petitioners cannot be deprived of their properties earmarked as road in revised Master Plan, 2015 merely because they intend to develop their properties by obtaining sanctioned building plan - Impugned endorsements issued by respondent - BBMP requiring petitioners to relinquish properties in question free of cost as a condition precedent for processing their applications for sanctioning of building plans is without authority of law and same violate Article 300A of Constitution of India.
Result : Writ petitions allowed
ORDER :
Since the issues involved in these writ petitions are similar, the same are taken up together for disposal by common order.
WP No.9408/2020:
2. The petitioner is the owner of property bearing No.79/2 PID No.4308/79/2 measuring 12.08 guntas (13156 sq.ft.) situated in Yeshwvanthpura Hobli, Herohalli, Magadi Road, Bengaluru and out of which, an extent of 235.8 sq. meters (2538 sq.ft.) is earmarked for the purpose of widening of road in future in the revised Master Plan 2015.
3. The petitioner who intends to develop the property for the purpose of construction of the hospital submitted an application with the respondent -BBMP so as to sanction the building plan. The respondent -BBMP issued an endorsement stating that the application submitted by the petitioner for sanctioning of the building plan will be processed only upon the petitioner surrendering the property earmarked for the purpose of widening of road in the master plan free of cost. Hence, this petition.
WP No.14975/2021:
4. The petitioner is the owner of land bearing site No.23, BBMP Katha No.23, PID No.54-89-23 situated at 100 ft. Ring Road 5th block, 3rd Phase extension, Banashankari III Stage, Bengaluru measuring 3952 sq.ft. and out of which, an extent of 111 sq.meters is earmarked for the purpose of widening of road in future in the revised Master Plan 2015.
5. The petitioner who intends to develop the property for the purpose of construction of a building consisting of basement + ground floor + first floor and second floor submitted an application with the respondent -BBMP so as to sanction the building plan. The respondent -BBMP issued an endorsement stating that the application submitted by the petitioner for sanctioning of the building plan will be processed only upon the petitioner surrendering the property earmarked for the purpose of widening of road in the master plan free of cost. Hence, this petition.
WP No.19736/2021:
6. The petitioner is the absolute owner of land bearing Sy.No.18/1C/1A/C1/A3 measuring 8 guntas situated at Doddakannalli village, Virthur Hobli, Bengaluru East Taluk, Bengaluru, out of which 152.40 sq.ft. is earmarked for widening of the road.
7. The petitioner who intends to develop the property for commercial purposes submitted an application with the respondent -BBMP for sanctioning of the building plan. The respondent -BBMP issued an endorsement stating that the application submitted by the petitioner for sanctioning of the building plan will be processed only upon the petitioner surrendering the property earmarked for the purpose of widening of road in the master plan free of cost. Hence, this petition.
WP No.19737/2021:
8. The petitioner is the owner of property bearing Sy.No.82/2 in Ward No.72, Khatha bearing No.134/4860/82/1/2 situated at Herohalli village, Yeshwanthapura Hobli, Bengaluru North Taluk admeasuring 10,000 sq.ft. (50 sq.ft x 200 sq.ft.) out of which 109.91 sq. meters is earmarked for widening of road in the revised Master Plan, 2015.
9. The petitioner who intends to develop the property to construct a building consisting of ground + 2 floors submitted an application with the respondent -BBMP for sanctioning the building plan. The respondent -BBMP issued an endorsement stating that the application submitted by the petitioner for sanctioning of the building plan will be processed only upon the petitioner surrendering the property earmarked for the purpose of widening of road in the master plan free of cost. Hence, this petition.
WP No.14095/2021:
10. The petitioner is the owner of the property bearing Old No.32 and new Municipal Nos.32, its PID No.62-117-32, 32/1 its PID No.62-117-32/1 and 32/2 its PID No.62-117-32/02 present Municipal No.32 having its PID No.62-117-32 (in Ward No.145 Homebody Nagara) situated at 10th Cross, Wilson Garden Park Area, Bangalore-27 in all measuring 2600 sq.ft. out of which an extent of 719 sq.ft. is earmarked for widening of road in the revised master plan.
11. The petitioner submitted an application
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