The Corporation cannot take action for encroachments not shown in the Revised Master Plan.

ORDER :

1. The petitioner in W.P.No.3728/2022 is before this Court seeking for the following reliefs:

1. To issue a writ of certiorari and/or of any like nature, quashing the impugned Notice under sections 238 & 239 of the Bruhat Bengaluru Mahanagara Palike Act, 2002 bearing No. S.K.A/Horamavu/U.V/P.O/2021-22, dated 17/01/2022 at Annexure-J

2. Writ of Certiorari and/or of any like nature, quashing the impugned notice under sections 238 & 239 of the Bruhat Bengaluru Mahanagara Palike Act, 2002 bearing No. S.K.A/Horamavu/U.V/P.O/2021-22, dated 27/01/2022 at Annexure-A and

3. Pass such other order as this Hon’ble Court deems fit in the facts and circumstances of the instant case, in the interest of justice and equity.

2. The petitioner in W.P.No.21441/2022 is before this Court seeking for the following reliefs:

1. To issue a writ of certiorari quashing the entire proceedings in No.Aa.Ma.Wa/A-455/2022-23 pending before the R2, Joint Commissioner, Mahadevepura Zone, BBMP, vide Annexure-A;

2. Quashing the Show cause Notice dated 12/09/2022 bearing No. BBMP/Ma.Wa/Na.Yo/419/2022-23 issued by the Respondent No.3 Assistant Direct Town Planning, Mahadevapura, BBMP, vide Annexure-T,

3. Quashing the Inquiry Cause Notice dated 26/09/2022 bearing No. BBMP/Sa.Ni.Na.Yo. (M.W.)/P.R.455/2022-23 issued by the R3, Assistant Direct Town Planning, Mahadevapura, BBMP, vide Annexure-V and

4. Pass such order/s as this Hon’ble Court deems fit in the facts and circumstances of the instant petition, in the interest of justice and equity.

3. The petitioner in W.P.No.20383/2023 is before this Court seeking for the following reliefs:

1. To issue a writ of certiorari by quashing the impugned Notice dated 21/07/2023, bearing No. BBMP/Sa.Ni.Na.Yo (Ma.Wa)/PR/2023-24, vide Annexure-A

2. Issue a writ of mandamus or appropriate writ, directing the Respondent No.3 to forthwith issue occupancy certificate to the petitioner, in respect of the Schedule property, and

3. Pass such other order/s as this Hon’ble Court deems fit, in the interest of justice and equity.

4. In all the above matters, the facts are common inasmuch as the petitioner claims to be the company incorporated under the Companies Act, 1956 carrying on the business of retail/departmental store of grocery and daily essentials under the brand name ‘D-Mart’. The petitioner being the owner of land in Sy.Nos.20 and 8 of Ammani Byrathi Khane Village, K.R.Puram Hobli, Bangalore East Taluk having purchased the same under the sale deed dated 30.03.2021 which had been converted for agricultural to non-agricultural purposes by his vendor. After obtaining necessary ‘No Objection Certificates’ had applied for plan sanction with respondent – Corporation which came to be so sanctioned on 29.01.2021.

5. Prior to the sanction of plan, an inspection was carried out by the Chief Engineer, Storm Water Drain Department, BBMP who had submitted that there is no ‘Rajakaluve’ or ‘Water Feed Canal’ in the aforesaid property. Taking into consideration the same, the plan sanction came to be granted.

6. Subsequent thereto, on the ground that complaints were received from surrounding residents, a notice dated 17.01.2022 came to be issued at Annexure-J which was replied to on 18.01.2022 furnishing the documents requested. Thereafter, a notice-cum-order came to be issued under Section 238 and 239 of BBMP Act, 2020 on 27.01.2022 at Annexure-A calling upon the petitioner to stop construction on the ground that the petitioner have encroached upon the ‘Rajakaluve’. It is challenging the same that the petitioner in W.P.No.3728/2022 is before this Court.

7. In W.P.No.3728/2022, this Court vide order dated 18.02.2022 had stayed the operation of Annexure-A thereto.

8. While the said matter was pending, proceedings having been held on 29.09.2022. The Joint Commissioner, Mahadevapura Zone has observed that the plan sanction issued in favour of the petitioner would be required to be cancelled on account of encroachment of a ‘Rajakaluve’ in pursuance of which a