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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SACHIN SHANKAR MAGADUM
Virginia Developers Private Limited – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. petitioner's factual background and ownership claims. (Para 2 , 3 , 4) |
| 2. arguments concerning validity of relinquishment. (Para 6 , 8 , 14 , 18) |
| 3. ratio concerning validity of registered deeds. (Para 10 , 15) |
| 4. observations on jurisdiction and legal instruments. (Para 11 , 12 , 13 , 16 , 17) |
| 5. conclusion of writ petition dismissal. (Para 19) |
ORDER :
SACHIN SHANKAR MAGADUM, J.
The captioned petition is filed seeking the following reliefs:
" i. Issue a writ in the nature of mandamus or any other appropriate writ or order or direction declaring that the action of BBMP-Respondents No.2 to No.4 in imposing a requirement to relinquish the property belonging to the petitioner designed for road widening in the Master Plan free of cost with the respondent - BBMP as a precondition for issuance of the Occupancy Certificate/sanctioning of the Building Plan is violative of Article 300A of the Constitution of India and consequently issue a declaration holding the Deed of Relinquishment Dated: 09/06/2016 issued by the petitioner vide Annexure-P as null & void, and unenforceable against the petitioner by the respondent authorities; and
ii. Issue a writ in the nature of mandamus or an
A relinquishment deed executed in compliance with conditions is binding unless annulled by a court; disputes over its validity must be pursued in civil court.
Point of Law : petitioners cannot be deprived of their properties earmarked as road in the revised Master Plan, 2015 merely because they intend to develop their properties by obtaining sanctioned bui....
The impugned requirement to surrender properties for road widening as a precondition for building plan approval violated property rights under Article 300A of the Constitution of India and the Karnat....
The designation of land for public purposes under the Karnataka Town and Country Planning Act does not lapse after a specified time, but the rights of property owners must be balanced against long de....
Planning authority cannot mandate gift deed for street alignment land as precondition for permission; violates Article 300A, lacks statutory basis, bypasses acquisition with compensation under T&CP A....
Land Acquisition and Requisition - Once possession has been taken and land has not been utilised, there cannot be withdrawal from acquisition of any land. Land cannot be restituted to owner after sta....
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