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2025 Supreme(Kar) 296
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ, J.
Dr Virendra Sheth S/o Late Rathilal Sheth - Appellant
Vs.
National Education Trust & Ors. - Respondent
Writ Petition No. 27740 Of 2010 (GM-RES)
Decided On : 30-06-2025
Advocate Appeared:
For the Appellant :SRI. S.S. NAGANAND SR. ADVOCATE FOR SMT. JAYASREE NARASIMHAN., ADVOCATE
For the Respondent:SRI.S.M. CHANDRASHEKAR., SR. ADVOCATE FOR SRI. H.M. VISHWANATHA., ADVOCATE SRI. MAHANTESH SHETTAR., AGA, SRI. B.V.KRISHNA, ADV., FOR SRI.H.N. PRASHANTH CHANDRA., SRI. SACHIN B.S., ADVOCATE
Change of land use from residential to educational is permissible under state planning laws if it serves public interest and meets safety requirements.
Headnote:(A) Karnataka Town and Country Planning Act, 1961 - Section 14 and 14A - Change of land use - Petitioners sought to cancel permissions for a school citing violation of zoning regulations - No objections raised during public notifications - Change of land use from residential to educational was upheld due to existing laws permitting ancillary uses - School operations deemed in public interest. (Paras 20-27)
(B) Public Interest - Educational institutions can be established in residential zones pursuant to existing laws, provided they meet safety and infrastructural regulations. (Paras 14.27)
Facts of the case:
Petitioners, residents in the vicinity of proposed school sites, challenged the construction of a school on grounds of zoning violations and traffic congestion. They claimed the change in land use was not permissible and impacted their quality of life. Several petitioners passed away during the proceedings. (Paras 3, 5, 7, 12, 25.1)
Findings of Court:
The court found the change of land use was lawful as it complied with regulations under the Karnataka Town and Country Planning Act for educational institutions. The respondents acted within their powers, and public interest was served in approving an additional school in a residential area. (Paras 24.1-24.14)
Issues: The primary issues concerned the legitimacy of the change of land use from residential to educational, compliance with zoning regulations, and whether any delay or laches disentitled the petitioners from relief. (Paras 20-26)
Ratio Decidendi: The court reasoned that change of land use is permissible when complying with planning authority regulations that prioritize public interest. The court maintained that the delay in challenging the permissions diminished the grounds for overturning the grant. (Paras 24-25)
Result: Writ petition dismissed.
| Table of Content |
|---|
| 1. petitioners' requests for writs and directions. (Para 1 , 2) |
| 2. background on petitioners and net's land acquisition. (Para 3 , 4 , 5 , 6) |
| 3. concerns raised by petitioners regarding school operations. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. arguments from petitioners regarding zoning violations. (Para 13 , 14) |
| 5. court's observations on zoning regulations and land use. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 6. analysis of delay and laches by petitioners. (Para 23 , 25 , 26) |
| 7. court's reasoning on change of land use legality. (Para 27) |
ORDER :
SURAJ GOVINDARAJ, J.
1. The Petitioners originally had approached this Court seeking for the following reliefs:
a. Issue a appropriate writ, order or direction to cancel the sanctioned plan and all permissions granted to the First Respondent to construct and run a School at Plot No.3367/H and 3367/I, 13th Main, HAL II stage, Bangalore-560008 (Annexure-A & B)
b. Direct the First Respondent to cease and desist from anymore running any classes above primary School at its facility now existing between 12-A Main and 13th Main, HAL II Stage, Bangalore-560008;
c. Grant such other or further relief or reliefs as this Hon’ble Court may deem fit in the circumstances of the case.
2. Subsequently, an amendment application having been filed, a challenge to Annexures-O, P and Q was allowed, vide order dated 14-6-2019. The Petitioner, also gave up Prayer (b) above. This is, after amendment, the prayers which are required to be considered are as under:
a. Issue a appropriate writ, order or direction to cancel the sanctioned plan and all permissions granted to the First Respondent to construct and run a School at Plot No.3367/H and 3367/I, 13th Main, HAL II stage, Bangalore-560008 (Annexure-A, B, O, P & Q)
b. Grant such other or further relief or reliefs as this Hon’ble Court may deem fit in the circumstances of the case.
3. The Petitioners claim to be residents in and around 13th Main, HAL 2nd Stage, Bangalore- 560 008. Petitioner No.1 claimed to be a doctor, who expired during the pendency of the above proceedings; Petitioner No.2 claimed to be a businessman who also expired during the pendency of the above proceedings; Petitioner No.3 is an accomplished sportsman; Petitioner No.4 is a retired businessman; Petitioner No.5 is a retired IAS officer. Petitioner No.6 and 7 are retired IPS officers; Petitioner No.8 is a retired Telecom Manager; Petitioner No.9 claimed to be a housewife, who also expired during the pendency of the above proceedings and Petitioner No.10 is stated to be an Assistant Director of the National Aerospace Laboratory.
4. Respondent No.1 - National Education Trust (for brevity, hereinafter referred to as ‘NET’). NET was allotted a Civic Amenity Site measuring about 16,000 square feet by Respondent No.4 - Bangalore Development Authority (hereinafter referred to as ‘BDA’), in December 1989.
5. Though there have been several allegations made in the petition as regards such allotment of a civic amenity site (for short, ‘CA site’), there is no relief which has been sought for in relation thereto, nor are any arguments advanced in relation thereto. As such, the allotment of the civic amenity site to NET is not in question before this Court. The CA site having been allotted to NET, NET put up construction of a school building and started running a School.
6. The said premises not being sufficient, NET acquired the residential site bearing No.2989/J on 12th ‘A’ Main Road and subsequently Site No.2990/E on 12th ‘A’ Main Road, which also not being sufficient, NET acquired two more residential sites bearing No.3367/H and 3367/I which are adjacent to each other on 13th Main Road. NET demolished the residential buildings therein, and construction activity was to commence thereon to set up a nursery School to house between 800 and 1000 students and staff over four floors of the building to be constructed thereon.
7. The Petitioners contend that the plan relating to the said building was secured b
